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HomeMy WebLinkAboutBali Engineering & Construction Inc. - 2014-04-07Y 'RECEIVE_ :/ (Name) (Date) �eem� ■e, TO: FROM: DATE: SUBJECT City Treasurer City Clerk �- Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Company Name) Approved �/-7 pp (Council Approot aal Date) Agenda Item No. i City Clerk Vault No.� SIRE System ID No. wd HUNTINGTON BEACH TO: THOSE LISTED HEREON I FROM: David Verone, Contract Administrator .4/ DATE: 11 /4/14 SUBJECT: Retention Release Payment Company Name: Bali Construction, Inc Address: 9852 E. Joe Vargas Way City, State and Zip Code: So. El Monte, CA 91733 Phone Number: (626) 442-8003 Business License Number:A215136 Local Address: N/A Notice of Completion Date:07/15/14 Contract Purpose: CC1461 Storm to Sewer Diversion Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this ti —Date Travis K. Hopki I certify that there are no outstanding invoices on file. --) I- � Date Joyce Zacks, blic Works Director City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Joan Flynn, City Clerk Retention — ease—Y RelPa ment.doc 11/4/2014 9:14:00 AM Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: C.( (/+ (0 Project: s;r�g'SWr,�. The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VI[ of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this PIA- day of Iu L— , 20# , at 6�. i& (4n California. (T1ype Contractor Name) Name: [Type Name] M'R6-- Title: [Type Title] A R� -P,) 3 ---I)b ' (D(4C-) 245911.1 Certification of Compliance with Prevailing Wage haws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: C�' i _ti01 Project: lsr !_i: Iry UP - P71 A14LV-S1n',J The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate, determinations of the State of California, Department of industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is irate and correct. Executed this _ day of _Yuv , 20 1 , at . Z Man1 ,California. (Type Contractor Name) By: _ Name: Title: [Type Name] [Type Title] A � RN c RA - �� NEY 'TLS 03- ab • 0-LP 24?saz.1 I, ���J`� , state and certify that: (Name of Declarant) I .. -�. ,,�--,n,J is the general contractor to the City of Huntington Beach ("City') on Contract No. Ci� (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of �—� 20 (Signature of Declarant) By:ffiQ� q I -7 ja —ilJ 3 . Zo ot� Name: [Type Name] Title: [Type Title] 20914.1 P� a Liberty Mutual® SURETY CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: City of Huntington Beach (Name and address) BOND NUMBER 070017028 OWNER ARCHITECT CONTRACTOR SURETY OTHER ARCHITECT'S PROJECT NO.: 2000 Main Street, Huntington Beach, CA 92640 CONTRACT FOR: Site Utilities PROJECT: First Street Storm to Sewer Diversion Project, (Name and address) CC-1461 CONTRACT DATED: April 3, 2014 Huntington Beach, CA In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) The Ohio Casualty Insurance Company 62 Maple Avenue, Keene, New Hampshire 03431 SURETY, on bond of (Insert name and address of Contractor) Bali Construction, Inc. 9852 E. Joe Vargas Way, So. El Monte, CA 91733 'CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92640 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: July 14, 2014 (Insert in writing the month followed by the numeric date and year.) The Ohio Casualty Insurance Company (Surety) (Stir ature of authorized representative) Debbie L. Welsh, Attorney -in -Fact (Printed name and title) LMS-20301 02/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � State of California County of MARIN On July 14, 2014 before me, Donna J. Frowd , Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/am subscribed to the within instrument and acknowledged to me that lie/she/fey executed the same in Wsffier/ttwk authorized capacity(W,%), and that by hs/her/16- signature(*) on the instrument the person(), or the entity upon behalf of.which the person(sk) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ( seal) Signature r �... DONNA J. FROWD ^ .. COMM.#2042838 NOTARY RU5LICGCALIFORNIA O 77 - MARtN COUNTY My Comm Ev'res October 22. 2017 '� THI$.POWER OF ATTORNEY IS -NOT VALID UNLESS IT IS PRINTED ON REDBACKGROUND. his Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the -manner and to the extent herein stated. =Certificate No."6471856 AmericanFire- and CasualtyGompany Liberty Mutual Insurance Company The Ohio Casualty Insurance Company _ West American Insurance Company _ POWER OF ATTORNEY - KNOWNALL PERSONS BY:THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation -duly organized under the taws of the State of Massachusetts, and WestAmericanInsurance Company" is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies;); pursuant to'and by_authority herein set forth; does hereby name, constitute and appoint, " Debbie L. Welsh; Donna J: Frowd; Donna1. Welsh' Michael Brophy McGowan; Susan"J. McGowan all of the city of Novato state of CA " 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 behalf as surety and as its act and deed. any and all undertakings,- bonds, ;recognizances and other surety obligations, in pursuance of -these presents and shall' be as binding upontheCompanies as if they have, :been -duly signed.by the_'president and attested by the secretary of the Companies in their own proper persons. - IN WITNESS WHEREOF, -this Power of Attomey-has been subscribed by an'authonzed officer or official of the.Companies and the corporate seals of the Companies have been affixed thereto this 28th day.of. February 2014 American Fire and Casualty Company, The Ohio Casualty Insurance"Company- U d s Liberty Mutual -Insurance Company to West American InsuranceCompany 7A� By:,�- O STATE OF PENNSYLVANIA ss _ David M. Care , Assistant Secretary ta COUNTY OF MONTGOMERY- m On this 28th day of February 2014; before me personallyappeared David- M.'- Carey, who acknowledged himself to. be the Assistant Secretary of, American Fire and v t`: am Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West Americanlnsurance Company, and that he, as such, being authorized so,to do; aW., O execute the foregoing instrument for the purposes therein contained by signing on behalf of;the corporations by.himself as a duly authorized officer. - r" e,> IN WITNESS WHEREOF, I have -hereunto hereunto subscribed myname and affixed my notarial seal at -Plymouth Meeting, Pennsylvania, on day and -year first above written. O C -the 67, O C"L B ^2^' - Teresa P astella"", Notary Public i 0i M y'O.E_ "Casualty G-M This Power of Attorney is made and executed pursuant to and by ditrity ofthe following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Insurance .N c ai Company, Liberty Mutual Insurance Company, anti West American Insurance Company which resolutions are now in full force and effect reading as follows: �. m a) ARTICLE IV- OFFICERS -.Section 12. Powerofmomey: Ariyofficer or other official of the Corporation authorized for thatpurpose in writing by the Chairman or the President, and subject O "G to such limitation as the Chairman or the President may prescribe,, shall appoint such attomeys-in=fact; as may necessaryto act "in behalfof the Corporation.to"make, execute, seal, % O _ 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 :5 3: E" m powers of attorney, shall.have full power to bind -the Corporation by their signature and -execution of any such instruments and to attach thereto the seal of the Corporation. When so am C . -executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or"authority any representative or attomey-in-fact under- .> "the provisions of this, article maybe revoked at any time by the Board; the Chairman, the President or by the officer or officers grantingsuch power or authority. A V >' M' = ARTICLE XIII'- Execution Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authonzetl for thatpurpose in writing bythe chairman or the president,00 t, N L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as maybe necessary to actin behalf of the Company to make, execute, M O seal, acknowledge -and-deliver as suretyanyandall undertakings, bonds, recognizances and -other surety obligations. Such attorneys -in -fact -subject to the limitations set forth in their C 00 v respective powers of attorney, shall,have full power to bind the Company by their signature:and execution of any such instruments and to attach thereto the seal of the Company. ,When so `O o " - executed such instruments shall be as binding as if signed by the president and`attested bysecretary. secretaI. - co - Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes -David M. Carey, Assistant Secretary to appoint such attomeys-in- . fact as may be necessary to act on behalf of the Company to make execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety, obligations. -- -Authorization -By unanimous consent of the'Company's;BoaN of Directors, theCompany consents that facsimile or mechanically reproduced signature of any assistant secretaryof the Company, wherever appearing upon a certified copy of any power.of attomey issued by the Company in connection with surety bonds; shall be valid and binding upon the Company with -the same force and effect as though manually affixed. _ a l; GregoryW. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company; Liberty Mutual Insurance Company, and WestAmencan Insurance Companydo hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said_ - Companies, is in full force and effect and has not been revoked. _ - IN TESTIMONY WHEREOF; I have hereunto set my hand and affixed -the seals of said Companies this 14 th day of " July 2014 , By: Gregory W. Davenport; Assistant Secretary" LMS .12873 122013 249 of 300 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT City Treasurer City CI k Bond Acceptance I have received the bonds for CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating 1 - ill IiIII•' - ,� CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) Approved �Zll-:7- / �z (Council Approval Date) J Agenda Item No. City Clerk Vault No. SIRE System ID No.� MAINTENANCE BOND Bond #070017028 Premium: Included KNOW ALL MEN BY THESE PRESENTS: That Bali Construction, Inc. rcontractors name] 9862 E. Joe Vargas Way, So. El Monte, CA 91733 10WftCWs shad address, dry and state and zip code] as Principal (hereinafter called Contractor), and: The Ohio Casualty Insurance Company rsurety's name] Attn: Surety Claims Dept., 1001 4th Ave.. Suite 1700, Seattle WA 98164 [surety's street address, city and state and zip code] a corporation organized and existing under the laws of the State of __ New Hampshire yy]th its principal office in the City of Keene, NH as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEA as Obligee (hereinafter called Owner), in the amount of Dne Hundred Fifty -Four Thousand One Hundred Thirty -One & 00/100 Dollars ($_ 164,131.00 ), 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 April 3, 2014 entered Into a contract with Owner for the First Street Storm to Sewer Diversion Project, CC-1461 Site Utilities in accordance with drawings and specifications prepared by _ City of Huntington Beach which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of California; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be July 14 , 2014. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair andlor replace any and all defects arising in the Work, whether resulting from defectiive materials or defective workmanship, then this obligation shall be null and void; otherwise it will remain In full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall, within thirty (30) following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the. Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall Include without limitation, any breach or default of the Contract, then, after written notice from the Owner to the Surety, as provided for below, the Surety shall either: (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Princlpal, at its own expense, and make available 14-2567150583 as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. VViithin thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shell be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the defaults) of the Principal promptly, or (b) arrange for perfiormanoe of the Coribix t promptly by a contractor other than the Principal, time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's defaults) or its performance of the Contract The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act, and liquidated damages (or If no liquidated damages are spec ifred in the Contract, actual damages caused by delayed performance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s) of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's defaults) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Sunny shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the successors of Owner. Signed and sealed this 14th Principal Raised Corporate Seal [MUST BE AFFIXED) Principal Raised Corporate Seal [MUST BE AFFIXED] 11145t day of July . 20 14•_. Acknowiedgmects must be completed and returned as pad of the bond. Raised Corporate Seals are mandatory. Please attach Power of Attorney. 10-2367/50583 Bali Construction, Inc. (Contractor Name) By: (Seal) -Pr,,iAe,+ (TIUe) The Ohio Casualty Insurance Company (Surety Name) By: �(Seaq �L Deb re L.-Welsh, Attorney -in -Fact VED AS TO FOR cGRATIt City AttolCtt + State of California County of MARIN On July 14, 2014 before me, Donna J. Frowd , Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/aRe subscribed to the within instrument and acknowledged to me that lie/she/tliey executed the same in Ws/her/ttiek authorized capacity fts), and that by hL-,/her/ll r signature(a) on the instrument the person(,$), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ( seal) Signature DONNA J. FROWD D COMM. #2042838 NO, A?Y PUBLIC-CAIIFORNIA O Q .. MARIN COUNTY My Comm. Expires October 22, 2017 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6471855 American Fire and Casualty. Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmencan Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Debbie L. Welsh: Donna J. Frowd: Donna.L. Welsh; Michael Brophy McGowan; Susan J. McGowan all of the city of Novato : state of CA each individually if there be more than one named, its true and lawful attomey=in-fact to make,.execute, seal, acknowledge and deliver, forand on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by secretary of the Companies in their own proper persons: IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of. February 2014 m American Fire and Casualty Company' - The Ohio Casualty Insurance Company Liberty Mutual Insurance Company a �. West American Insurance Company N _ STATE OF PENNSYLVANIA ss David M. Care ,Assistant Secretary C COUNTY OF MONTGOMERY _ C On this 28th day of February 2014, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of. American Fire and v > a) Casualty Company, Liberty. Mutual Insurance Company The Ohio Casualty Insurance Company, and West American Insurance Company, and,that he, as such, being authorized so to do; r execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. _ a i .> IN WITNESS WHEREOF, i have hereunto subscribed myname and affixed my notarial seal at Plymouth Meeting Pennsylvania, on the day and year first above written_. O :$ 4 p B y Teresa Pastella , Notary Public d .L -0- LThis Power of Attorney is made and executed pursuantto ridfi 66th6rity of the following By-laws and Authorizations ofAmedcan Fire and Casualty Company, The Ohio Casualty Insurance m c- Company, Liberty Mutual Insurance. Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: L ARTICLE IV — OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O r- to such limitation as the Chairman or the President may prescribe,. shall appoint such attomeys in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, . acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so w i executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative orattomey-in-fact under > A the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. q rARTICLE XIII — 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; CM o? L and subject to such limitations as the chairman orthe president may prescribe, shall appoint such attomeys-in-fact, as.maybe necessary to.act inbehalf ofthe Company to make, execute, M i 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 E o? v respective powers of attorney,shall have full power to bind the Company bytheir signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company,. acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ r fact as may be necessary to act on behalf of the Company to make; execute, seal, acknowledge and deliver as surety any and all, undertakings, bonds, recognizances and other surety . obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company; wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of July 12014 :4 By Gregory W.-Davenport, Assistant Secretary LMS 12873-122013 - - - - - - - - - 248 of 300 PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIII I II 1111111111111111111111111111111111111111 JillII III IIIINO FEE 2014000281038 02:42pm 07/15/14 37 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Bali Construction, Inc. who was the company thereon for doing the following work to -wit: FIRST STREET SEWER TO STORM DIVERSION PROJECT -1461 That said work was completed July 8, 2014 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on July 14, 2014, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract The Ohio Casualty Insurance company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this July 14, 2014. DirectKr of P rks or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder o z e Count . Dated at Huntington Beach, California, this July 14, 2014. /"'� Director of Public s or City Engineer This document is solely the official business of City of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BALI CONSTRUCTION, INC. FOR 1ST STREET STORM TO SEWER DIVERSION CC 1461 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BALI CONSTRUCTION, INC., a California Coporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as 1ST STREET STORM TO SEWER DIVERSION CC 1461 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 g/agree/surfnet/cityconst 1 of 22 12/11 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 12/11 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 12/11 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed one hundred fifty four thousand one hundred thirty one Dollars ($154,131), 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 sixty (60) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfiiet/cityconst 4 of 22 12/11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 5 of 22 12/11 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 12/11 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst % of 22 12/11 the sum of five hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 8 of 22 12/11 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of g/agree/surfnet/cityconst 9 of 22 12/11 such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 10 of 22 12/11 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. g/agree/surfnet/cityconst 11 of 22 12/11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's g/agree/surfnet/cityconst 12 of 22 12/11 employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. g/agree/surfnet/cityconst 13 of 22 12/11 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. g/agree/surfnet/cityconst 14 of 22 12/11 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. g/agree/surfnet/cityconst 15 of 22 12/11 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. g/agree/surfnet/cityconst 16 of 22 12/11 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of g/agree/surfnet/cityconst 17 of 22 12/11 CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Eric Charlonne 2000 Main Street g/agree/surfnet/cityconst 12/11 TO CONTRACTOR: Bali Construction, Inc 9852 E. Joe Vargas Way So. El Monte, CA 91733 18 of 22 Huntington Beach, CA 92648 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. g/agree/surfnet/cityconst 19 of 22 12/11 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent 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. g/agree/surfnet/cityconst 20 of 22 12/11 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. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. g/agree/surfnet/cityconst 21 of 22 12/11 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 7"J'� /L D jZ- 20/. g/agree/surfnet/cityconst 22 of 22 12/11 CONTRACTOR ali Construction, Inc 9852 E. Joe Vargas Way So. El Monte, CA 91733 Attn: Ted Polich BY: print name ITS: (circle one ecretary hief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor 1 City Cl rk INITIATED AND APPROV D: Director of lidworks FWED PPROVED: hd City Aanager APPROVED AS TO FORM: 6:��C�iAttorney g/agree/surfnet/cityconst 23 of 22 12/11 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BALI CONSTRUCTION, INC. FOR I ST STREET STORM TO SEWER DIVERSION CC 1461 TABLE OF CONTENTS Payze No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22, NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 '�E?Ct-flctT- '/I SECTION C PROPOSAL for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of k!W "0 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda 1Va " Date Received ; Bidder;'s Si nature .ej CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions Ite In No. Estimate d QuantityUnit Bid Item Description Price Extended Amount 1 1 Mobilization Demobilization L.S. 2 1 Installation of sheeting, shoring, and bracing L.S. l� 3 1 Demolition of existing facilities L.S. 167704v 4 1 Earthwork excavation, Dewatering, backfill, L.S. Z3q/� . 5 2 Sanitary Sewer Manholes EA 6 200 Concrete Flatwork C.F. C-3 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 7 1 L.S. Miscellaneous metalwork ? g 20 L.F. 3-inch and 4-inch PVC Pipe and appurtenances 00 10 9 1 L.S. 4-inch ball valve and electric actuator assembly 10 1 EA Furnish and install 2-inch Parshall Flume 11 1 L.S. Labor, material, and equipment for electrical work -30E�g2a"�92 12 1 L.S. Installation of Instrumentation Equipment C-4 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 13 1 L.S. Protection of existing utilities 12 ; 1332. 14 1 L.S. Payment and performance bonds dD e7z�, Z3 pG? a Total Amount Bid in Figures: $ % % 3� O Total Amount Bid in Words: 01vtIle C-s S' LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid, Items) Name and Address of Subcontractor s s =,r,�,. "..�" State ' License Number<� Class,. r ` ' Aollar 'Amount:; % of Contract ::. /a`fii2 jZ/1vRRc7W c�' S 23/ 8,1V-roA1e7,-2-­1X7- criyvF�Nv�'S7',Py Cg�j77 a � C lzla; ZZex PW;Pe E -7 3II-i7 C 33 Z By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on6-2t -11, at So.. Et Alatri-e— , Date City State + �� , being first duly sworn, deposes and says that he or she is vie'— of F�Y--,t; 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. I C-7 ti—I z 1� e- Ve,f-�C7 Address of Bidder 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 1ST Street Storm to Sewer Diversion, CC 1487, (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. Date: L 3 Z k r Zn i C-8 i'61-1 V�Si� Title 0. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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. C-9 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: C 3.-2 t —2_0 t C-10 Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name F—, Business Address SAY Ei Cyr- City, State Zip cIX >K't2—�=�� Telephone Number State Contractor's License No. and Class Original Date Issued (O`Z— 2-�? - -7-> 1)1 � Expiration Date The work site was inspected by V�O- AW,116�0 of our office on 2 t , 2011. The following are persons, firms, and corporations having a principal interest in this proposal: % -&-10 0 V—' C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this day of MGU('CV' � , 201 TRINA MARIE SAMBAS -- ._ Commission # 1949961 s� �•• a = ` Notary Public Z ;�,_� �_ y -California D z '''' " Los Angeles County My Comm. Expires Aug 27, 2015 NOTARY PUBLIC \ ` V LK IL NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer manholes, buried electrical conduit, concrete flat work, and instrumentation and control systems for sanitary sewer systems. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: ,IF NeLw, 4"'`"A 6-ic-4 , 33cc> CH- 12-U3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Toll-� 41-1 4qq — 3,?1 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Lc+y &C �-;! .M-rt ,1IM V1AUI�f 31VS, Ek 0� ' 611-1-31 Name and Address of Public C-12 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Provide additional project description to show similar work: Name and Address of Public Agency q �` Name and Telephone No. of Project Manager: \,,\I) �-,-:,,t,, So�r� S " 1 4 ILI � '�;j'A-t Uf� � ( 2- - -�t - 2-c-, Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-13 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. �,/e- V-� -\ V oeo-e, Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work S ,Z 31._yo Date Completed Project Name & Contract Amount Type of Work Date Completed 'roject Name & Contract Amount Type of Work Date Completed 2. S� Name of proposed Superintendent Telephone No. of proposed Superintendent: \WL 'OLC�� Project Name & Contract An t Type of Work S�\.A-e- u-Ftl;+�, S 02-2 (_ 2o1 Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount W t` tc) VO Type of Work C-14 Sim v;k;E c� \21—�3 Date Completed ®®current A310TM — 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: (Name, legal status and address) Bali Construction, Inc. 9852 Joe Vargas Way South El Monte, CA 91733 OWNER: (Name, legal status and address) City of Huntington Beach 200 Main Street Huntington Beach, CA 92648 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company' 62 Maple Avenue Keene, NH 03431 Mailing Address for Notices The Ohio Casualty Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 BOND AMOUNT: Ten Percent (10%) of Bid Amount --- PROJECT: (Name, location or address, and Project number, if arty) 1st Street Storm to Sewer Diversion This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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 efftt. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 19th day of March, 2014 n (Witness) The Ohio Casualty Insurance Company �SY INaV (SurQtyl (Seal) JP oaPap'�1p (Wetness) Donna L. Welsh a ♦e, � (Title) L. Welsh, Attorney -in -Fact yob arIN f. L.us-t00s4 oen0 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On March 21, 2014 before me, Trina Marie Sambas Notary Public, personally appeared Grant Wood who proved to me on the basis of satisfactory evidence to be the person) whose nam*) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity (ieg ), and that by his signature(s) on the instrument the person(s-); or the entity upon behalf of which the person(s), acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRINA MARIE SAMBAS .._.. Commission # 1949961 Notary Public - California z Los Angeles County My Comm Expires Aug 27, 2015 Trina Marie Sambas, Notary Public ■r■earrr���ocre®■ac®eeaer�n�r���a���r�■�®■ar��®e®eose���r�asa�����e■®®��e��®eom�eaai OPTIONAL Description of Attached Document TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER (S) OTHER THAN NAMED ABOVE: Capacity (ies) Claimed by Signer SIGNER'S N tte Office — Title(s): - ❑ Limited ❑ General v —in-Fact Guardian or Conservator ❑Other: Signer is representing: NUMBER OF PAGES State of California County of MARIN On March 19, 2014 before me, - Donna J. Frowd , Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/am subscribed to the within instrument and acknowledged to me that V*e/she/tli y executed the same in tq�/her/tjjejr, authorized capacity(iigs), and that by his/her/llaek signature(a) on the instrument the person(,$), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) nature 40~ r Q 2; DONNA J. FROWD COMM.#2042638 sue' NOTARY PUBLIC-CALIFORNIA MARIN COUNTY My Comm. ExP:res October 22, 2017 D TIj O THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of -those named'herein; and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No: 6348284 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS' That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire; that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company: -is a corporation duly organized -under the laws -of the State of Indiana (herein co llectively.called the "Companies"); pursuant to and by authority herein set forth, does hereby name, constitute and appoint, 'Debbie L. Welsh; Donna J. Frowd; Donna L: Welsh; Michael Brophy McGowan; Susan:J. McGowan all of the city of _Novato state of CA. each individually if there be -more than one named, its true and -lawful attomey-in-factto make, execute; seal; acknowledge. and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings -bonds;: recognizancesand other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly.signed'by the president and attested by the secretary of.the Companies in their own.proper persons. IN WITNESS WHEREOF, this Power -of Attorney.has.been subscribed by an authorized officer or official of the Companies and the corporateseals of the Companies have been affixed thereto this -13th day of November 2013 - 9+ American Fire and Casualty Company / �� The Ohio Casualty lnsurance Company - rn F .. Liberty Mutual Insurance Company aNi" • ; ; West American Insurance Company _ d= �. STATE -OF WASHINGTON ss Gregory Vk.-Davenport, Assistant Secretary . s COUNTY OF KING C Q).0 On this 13th . day of November 2013 before me.personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of Amencan ct a) Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and.WestAmerican Insurance Company, and that he, as such being authorized so to do, >,y p execute the foregoing instrument.for the purposes therein contained by signing -on behalf of the corporations by himself as a duly authorized officer. - ns `y > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written.. 00. c N By;. I�t O er C -` KD Riley , Not Public d� - 0. „ a cc This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty. Insurance m Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in iull force and effect reading as follows:- -. Y o- .A i, -ARTICLE IV —OFFICERS— Section 12: Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject p a� to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be: necessary to act in behalf of.the Corporation to make execute seal, , d- p r acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective - powers of attorney, shall have full -power to bind the Corporation by their signature, and execution of any such instruments and to,attach thereto the seal of the Corporation.: When so- C executed, such instuments shallbe as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > the provisions ofthisarticlemaybe revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such -power or -authority ci C ARTICLE All — Execution of Contracts- SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing bythe.chairman or the.,president, . E op > d -and subject to such limitations'as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as.may be necessary to act in behalf of the Company,to make, execute, L M p-� seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances.and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in.their- C a0 Z 0 -respective powers ofattorney, shall have full power to bind the Company by their signature and execution of any -such instruments and to attach thereto the seal of the Company. When so "O o executed such instruments shall be as binding as if signed by the president and attested by the secretary. C �, Certificate of Designation = The President of the Company, acting pursuant to the. Bylaws ofte Company, authorizes Gregory W _ DavenportAssistant Secretary to appoint such- ~ attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds,recognizances and othersurety obligations. -Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and.binding-upon the Company with -. the same force and effect as though manually, affixed._ I, David M. Carey, the undersigned, Assistant. Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance.Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomeyexecuted by said Companies, . is in full force and"effect and has not.been revoked. , IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19 th day of March 2014 BY wi ` p3 David d%issistant Secretary 242 of 300 LMS 12873 092012 BALI CONSTRUCTION INC. 9 Ot 9852 E. JOE VARGAS WAY SO. EL MONTE, CA 91733 BUSINESS LIC# 524540 1111. tZill,t OFFICE OF THE CITY CLERK f, 2000 MAIN STREET M al HUNTINGTON BEACH, CA 92648 "SEALED BID" FOR 1 ST STREET STORM TO SEWER DIVERSION, CC 1461 IN THE CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk April 23, 2014 Bali Construction, Inc. 9852 E. Joe Vargas Way So. El Monte, CA 91733 Re: 1 St Street Storm to Sewer Diversion — CC-1461 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. JF: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Sister Cities: Anjo, Japan ® Waitakere, New Zealand Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.D. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , IF R p 7RNEY 1 I-L) 3-_2Y6"UP 24591 I.1 CONTRACTOR'S CERA MCA'TE I, , state and certify that: (Name of Declarant) l . is the general contractor to the City of Huntington Beach ("City' on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of 720 By f �1-7/6 -AJ 3 - Zo Name: [Type Name] Title: [Type Title] 1 (Signature of Declarant) 245914 1 Certification of Compliance with Prevailing Wage Laves To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. 247542.1 RECEIVED BY: (Name) (Date) TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION City Treasurer City Cle Bond Acceptance I have received the bonds for )AJs� c CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (c:ompany rvame) Approved (Council Approval Date) / Agenda Item No. City Clerk Vault No. p SIRE System ID No. 12� 4 Bond No. 070017028 Premium: $1,948.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS; WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated o , 20 14, , entered into a contract with Bali Construction, Inc. _ 9852 Joe Vargas Way South El Monte CA 91733 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CC 1461. 1st Street Storm to Sewer Diversion (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are Incorporated herein by this reference made a part hereof as though set forth herein In full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and The Ohio Casualty Insurance Company 71 Stevenson Street Suite 600 San Francisco CA 94105 (name and address of Surety) (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety'), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Fifty -Four Thousand One Hundred Thirty -One and 00/100 Dollars ($ 154,131.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and ail of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract maybe altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and mod€fications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain In full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 2775911 PERFORMANCE BOND Pagel of 2 Bond No. 070017028 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis, Surety also waives the provisions of Civil Code §§ 2545 and 2849• The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this Instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: April 3, 2014 ATTEST Bali Construction Inc (Corporate Seal) (Principal Name) Name: -Vf-. IA•, CNN Title: ATTEST The Ohio Casualty Insurance Company (Corporate Seal) (Surety Name) By' Name: Donna L. Welsh, Attorney -in -Fact (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 41 537-2512 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OE TINGTON BEACH ity Attorney Note: This bond must be executed in duplicate and dated, all slgnatams must be notarized, and evidence of the authority of any person s(gning as attomeydndact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On April 4, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. T11NA MARIE SAMBAS �f z: ,Ny,. Commission # 1949961 Notary Public -California z _ Z 'j"' Los Angeles County D My Comm. Expires Aug 27, 2015 Trina Marie Sambas, Notary Public 10a00a00a0aa00aaaaaaaaaaaaaaaa06aa6aaaaaaaaaa000aa■■0aaaaaa■■a6aaaa0aaaaaaaaaaaaaaa■ OPTIONAL Description of Attached Document TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER (S) OTHER THAN NAMED ABOVE: Capacity (ies) Claimed by Signer SIGNER'S NAME: ❑ Individual ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in-Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is NUMBER OF PAGES State of California County of MARIN On April 3, 2014 before me, Donna J. Frowd , Notary Public, personally appeared Donna L. Welsh who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/ate subscribed to the within instrument and acknowledged to me that lie/she/ttiqyexecuted the same in #pis/her/ttr authorized capacity(ios), and that by M6/her/ter signature(a) on the instrument the person(,$), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) r DONNA J. FROWD D QpQ COMM.#2042838 .LL NOTARY PUBLIC•CALIFORNIA OMARIN COUNTY My Comm. Expires October 22. 2017 1 Si gnature3`� tom. j&tx Bond No, 070017028 Premium: Included in Performance Bond PAYMENT BON® (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Bali Construction, Inc. 9852 Joe Vargas Way South El Monte, CA 91733 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CC 1461. 1st Street Storm to Sewer Diversion (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and The Ohio Casualty Insurance Company 71 Stevenson Street, Suite 600 San Francisco, CA 94105 (name and address of surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety'), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Fifty -Four Thousand One Hundred Thirty -One and 00/100 dollars, ($ 154,131.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or fts heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named In Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, -or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorneys fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, Z„V,, PAYMENT BOND Page 1 of 2 Bond No. 070017028 extension of time, atteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by mason of any failure of the Principal to execute or properly execute this bond. Dated: April 3, 2014 ATTEST Bali Construction, Inc. (Corporate Seal) (Principal Name) Name: cd c v its: % vnA- ATTEST The Ohio Casualty Insurance Company (Corporate Seat) (Surety Name) By: Name: nonna I Wald VnrnPy-in-Fart (Signature of Attomey-in-Fact for Surety) t 41 537-2512 (Attach Attomey-in-Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH "'ity Attorney Note: This bond must be executed to dup1tate and dated, ell signatures must be notarized, and evidence of the authority of any person signing as attorney -In -fact must be attached. 277599.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On April 4, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 7RINA M,ARIE SAMBAS ;�'..... Commission # 1949961 Z x ��Notary Public - California z Los Angeles County ftily Comm Expires Aug 27. 2015 Trina Marie Sambas, Notary Public Iaoaaaaaaaasaaaaaeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa0aaaaraaaaaaa OPTIONAL Description of Attached Document TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER (S) OTHER THAN NAMED ABOVE: Capacity (ies) Claimed by Signer SIGNER'S NAME: ❑Individual ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in-Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is representing: NUMBER OF PAGES State of California County of MARIN On April 3, 2014 before me, Donna J. Frowd , Notary Publi personally appeared Donna L. Welsh who proved to me on the basis of satisfactory evidence to be the person(,%) whose name( is/arm subscribed to the within instrument and acknowledged to me that lie/she/tti executed the same in Ws/her/t tr authorized capacity(ies), and that by 64is/her/tl - signature(*) on the instrument the person(,$), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) r DONNA J. FROWD D COMM.#2042838 QNOTARMARNLCOUNTY IC-CALIFORNIA 0 9Comm. Exp;res October 99, 2017 1 Signature THIS POWER OF ATTORNEY IS NOT.VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits4he acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.-6471645 American Fire and Casualty :Co mpany Liberty Mutual Insurance Company The Ohio Casualty Insurance Company _ West American Insurance Company POWER OF ATTORNEY - KNOWN ALL PERSONS BY THESE PRESENTS: That American Fin & Casualty Company and The Ohio.Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual. -Insurance Company is a corporation duly organize_ d underthe laws of the State of Massachusetts, -and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by -authority herein set forth, does -hereby name, constitute . na , and appoint, " Debbie L. Welsh:"DonJ. Frown: Donna L. Welsh: Michael Brophy McGowan: Susan J. McGowan all of the city of. Novato state of Ca - each individually if there be more -than one named, itstrue and lawhil attomey-in-fact to make, execute, seal; -acknowledge : and deliver, for and on its behalf as surety and as its act and deed, any and -all undertakings, bonds, recognizances and other surety obligations, in;pursuance of -these presents and -shall _ be as binding upon the Companies as if they have:been duly signed by the president and attested by the secretary of the Companies in their awn proper persons. - IN WITNESS WHEREOF,. this Power of Attorney has been subscribed by an authorized officer,or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of February 2014' American Fire and Casualty Company The Ohio Casualty Insurance Company;- to k Liberty'Mutual Insurance Company ayi i West merican Insurance Company,. STATE OF PENNSYLVANIA ss David M.:Care , Assistant Secretary, ++ cc COUNTY OF MONTGOMERY _ C mOn this 28th day of February Lora before me personally appeared David .M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and U a) Casualty Company, Liberty Mutual Insurance -Company, The Ohio Casualty Insurance Company, and West American- Insurance Company, and that he, as such, being authorized so to do, 2' execute the fore oin instrument for the u oses.therein.contained b si inn on behalf of the co orations b himself as a dul authorized officer.: ; W O 9 9 P rP y 9 9 rP y y C cc at > IN WITNESS WHEREOF, I have hereunto subscribednrnpmameand affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and .year first above written O M By:; G.L - x; . c:.' r , Notary Public- 0) 2, a N Teresa Pastella _ O .'�*`bas r— ea This Power of Attomey is made and executed�putsiagW"nd' y�dthordy of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance N p Company, Liberty.Mutual Insurance Company, est Ri% iair Insurance Company which"resolutionsare now in full force and effect reading, as follows: : a7 A) -ARTICLE IV —OFFICERS -Section 12, Power of Attorney. Any officer or other official of the Corporation authorized forthat purpose in writing bythe Chairman orthe President, and subject 0 c ;. to such limitation as the Chairman or the President may -prescribe; shall appoint such attomeys-in-fact, as may be necessary to act in behaff of the Corporation to make; execute, seal,: y O. S 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: =p E y . powers of attorney shall have full power to bind the Corporation by their signature and,executionof any such instruments and to attach thereto the seal of the Corporation. - WhenSO-_'� m. L. executed, such instruments shall be as binding as if signed by the_Presidenfand attested to by the Secretary. Any poweror authority granted to any representative or attomey-in-fact under -> the provisions of this article may be revoked at any"time by the Board, the Chairman, the President or by the officer or officers granting such -power or authority. t ., N M c ARTICLE All 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, Co. > .L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, M O 3 seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other -surety obligations, Such attomeys-in-fact subject to, the limitations set forth in their = �: Z respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of.the Company. When -so 00 executed such instruments shall be as binding as if signed by the president and attested_ by the secretary. = p Certificate of Designation. --The President.of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in ~ r fact as may be necessary to act on behalf of the Company.to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds,, recognizances and other surety. obligations. _ Authorization — By unanimous consent of the Company's Board of_Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the _ Company, wherever appearing.upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the -undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance -Company, Liberty Mutual Insurance Company, and ;- West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed_ by said Companies, is in full force and effect and has -not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3 rd day of April 20 14 By: Gregory W. Davenport, Assistant Secretary LMS 12873 122013 - - - - - - - - - - - - 38 of 300 BALICON-01 JCASTLE Ac®R� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M W R Insurance Services 51 E. Huntington Drive Arcadia, CA 91006 CONTANAME: CT Joe Castle PHONE No Ext , (626) 294-1009 A/C No ; (626) 445-4521 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Geminl Insurance Company 10833 INSURED Bali Construction, Inc. 9852 Joe Vargas Way S. El Monte, CA 91733 INSURER B: Starr Indemnity & Liability Company INSURER C: Continental Casualty Company 20443 INSURER D : INSURERE: INSURER F : rnvGoer_Gc rFRTIF!C-ATE NUMBER- 1248 REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IY LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MM DDT EXP MM/DD//YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR X X VCGP020636 P 04/30/2013 04/30/2014 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,00 MED EXP (Any one person) $ 5,000 PERSDNAL &ADV INJURY $ 1,000,00 X Deductible BI & PD �1!`113i X 5,000 Each Occurrenc GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 2,000,00 $ 17 POLICY X PRO IFrT LOC AUTOMOBILE LIABILITY (Ea accident SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO SISIPCA08260713 04/30/2013 04/30/2014 BODILY INJURY (Per accident) $ ALL OWNED F SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE PER ACCIDENT $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE L4030640240 04/30/2013 04/30/2014 EACH OCCURRENCE $ 10,000,00 X AGGREGATE $ 10,000,00 DED X RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A WSTATUS O TH- TORY LIMITS ERR E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Bali Job #14-022; 1st Street Storm to Sewer Diversion. The City of Huntington Beach, its Officers, elected or appointed Officials, Employees, Agents, and Volunteers are named as additional insured as respects to liability arising out of the named insured's' operations per the attached CG2010 1001 & CG2037 1001. This insurance is primary and non-contributory per the attached. Waiver of subrogation applies to General Liability, per the attached CG24041093. In regard to cancellation clause, see attached General Liability policy form. It t1ULIUtK City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U Itfoo-LV-lu AIiVRU nn ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Policy Number: VCGP020636 CG 20 3710 01 Insured Name: BALI CONSTRUCTION INC Number: 16 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Huntington Beach, its Officers, elected or appointed Officials, Employees, Agents, and Volunteers. Location And Description of Completed Operations: Re: Bali Job #14-022; 1st Street Storm to Sewer Diversion. Additional Premium: INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CG 20 37 10 01 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 Policy Number: VCGP020636 CG 2010 10 01 Insured Name:BALI CONSTRUCTION INC Number: 17 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: The City of Huntington Beach, its Officers, elected or appointed Officials, Employees, Agents, and Volunteers. Re: Bali Job #14-022; 1st Street Storm to Sewer Diversion. A. Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after; (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 10 01 Page 1 of 1 SALICON-01 JCASTLE ACORL7►' CERTIFICATE OF LIABILITY INSURANCE DATE (MMroD/YYYY)4/4/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M W R Insurance Services 51 E. Huntington Drive Arcadia, CA 91006 CONTACT NAME: Joe Castle PHCN o : (626) 294-1009 CFA, No): (626) 445-4521 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Starr Indemnity & Liability Company INSURED INSURER B : INSURER C : Bali Construction, Inc. 9852 Joe Vargas Way INSURER D : INSURER E : S. El Monte, CA 91733 INSURER F : !�C[1T1C1�`ATC kit 1aaQCG. R9A9 RFVISinN NIIMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MM/D POLICY EXP MM DIYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED_ PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: PPOLICY ❑ J RO-- LOG OTHER: GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS 0 AUTOS COMBINED SINGLE LIMB Ea eo:'xlent $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ — PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DUse describe under RIPTION OF OPERATIONS below DESC N / A X 1000001109 01/3112014 01/3112015 X STATUTE I I 01R E.L. EACH ACCIDENT $ 1,000,00 E.L DISEASE -EA EMPLOYE $ 11000,00 E.L. DISEASE -POLICY LIMIT $ 1,000100 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Bail Job #14-022; 1st Street Storm to Sewer Diversion. Waiver of subrogation applies to Workers Compensation Liability, per the attached WC990304. City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 7y88-LVT4 JAI VRIl %,VRr VRAI 1W11. HII III,IIW IG.lG1YCM. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA This endorsement changes the policy to which it Is attached effective on the inception date of the policy unless a different date Is indicated below. (The following "attaching clause" need to he completed only when this endorsement is Issued subsequent to preparation of the policy.) 'this endorsement, effective on 1/31/2014 at 12:01 A. M. standard time, forms a part of (DATE) Policy No.1000001109 Issued to of the Bali Construction, inc. Endorsement No, Authorized Representative _ We have the right to recover our paymonts 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. The additional premium for the blanket waiver offered by this endorsement shall be 2100 % of total California premium. Schedule Person or Organization Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurance of loss. WC 99 03 04 (Ed. 7-08) ,lob Description Any person or organizallon to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter Into prior to the occurance of loss. Policy Number: CG 24 0410 93 Insured Name: Number: Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: M c C � PR03ECT: C(- (Contractor Name) ` k+of v--n tc- +(Street Address) ' (City, State and Zip) TO: CITY OF HUNTINGTON BEACH Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City') and the above -named Contractor ("Contractor') for the above -described project ("Project'). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on G r i � 4- GAA 20A at , ��v� �,, � ,,,,ie (ram VI Vo,- vxx c, (Date) (City, State) (Signature of Individual Who is Making Declaration) Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. �+ Signed on _' C� , 20kA at uty Y V \�}P 4- \ �,,�� �1 -yr i (n (Date) (City, State) CONTRACTOR: Name: Name: 277621.2 Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information OHIO CASUALTY INSURANCE COMPANY (THE) 175 BERKELEY STREET BOSTON, MA 02116 Old Company Names Effective Date Agent For Service KASHONDA LAWSON C/O CORPORATION SERVICE COMPANY 2710 GATEWAY OAKS DRIVE, SUITE 15ON SACRAMENTO CA 95833 Reference Information NAIC #: 24074 California Company ID #: --]5133-4 Date Authorized in California: 11/17/2008 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: -� NEW HAMPSHIRE back to top NAIC Group List NAIC Group #: 0111 LIBERTY MUT GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https:Hinteractive.web.insurance.ca. gov/companyprofile/companyprofile?event=companyP... 4/ 15/2014 'THIS POWER OF ATTORNEY ISNOT VALID UNLESS,IT-IS PRINTED ON=RED�BACKGROUND This -Power of Attorney limitsthe acts of those _named herein; and they no authority to bind the Company except inthe=rhannerand to-the-extent'herein stated. -- _ - - _ - ertificate No: salsas American-Fire�and-Casualty=Company - .= Liberty Mutual In"s_urance Company- = " The Ohio.Casualty,Insurance Company West:Amencar Insurance Company _ -` POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & CasualtyCompany.and The'Ohio Casualty Insurance:Companyare corporations duly organized under the laws of the State of New Hampshire; that Liberty -Mutual Insurance Company is a corporation duly:organized under the laws of the State of Ma--ssachusetts and West Americanansurance Company is a corporation duly organized under the laws of the Stale of,lndiana(herem coilectively.called the -"Companies"); pursuant to by authority herein set forth; does hereby name,constdute and appoint, Debbie L: Welsh Donna J, Frowd Donna L Welsli'MichaelrB�orihv McGowah: Susa"n:J: McGowan ' -all of the city of- Novato state of CA each mdividuallyif there be more than one named its true and Iawfutattomey in -fact to make,.ezecute, seal acknowledge .£ and deliver; for and on its behalf as surety and: as`its act.and deed;'any and all undertakings bonds;:[ecognizancesarid other surety obligations,:in pursuance of:ihese presentsand shall _ �_ _ he as binding upon the Companies as:if they have been dul si ned ti the; resident and attested b aheaecreta of therCom anies;in their own' ro er: ersons - .Y 9 Y p Y secretary P P. P P - IN.WITNESS WHEREOF, this Power -of Attomey has --subscribe d: byan.authon�d officer or official of the Compames,'and ihe,corporate seals of,tne-Companies have been affixed- " thereto this 2ari;:: day of February = 201 a a = >, American Fire and Casualty Company The Ohio Casualty Insurance Company: N:, mpany Liberty Mutual Insurance Co d West merican Insurance Company N w+ �. STATE OF PENNSYLVANIA -, sscc _ David M Care Assistant SecretaryY� COUNTY OF MONTGOMERY m=� On this 28th., day of February ., 2ota. before me personally appeared Dawd=M Carey; -:who acknowledged: himself to be the. Assistant S6cretary`of Amencan.Fiie and: �' -0 ar =Casualty Company, Liberty Mutual Insurance,Company, The Ohio;Casualty InsuranceCompany,.andWestAmencan Insurance Company arid -that he as"such being authonied.So to do; :>;W: p execute the foregoing instrument for the purposes therein contained by signing -on behalfof the corporations by,himselF as -aduly authorized offcer c`.: y ,> -1N VIIITNES$ WHEREOF, I have hereunto subscribed myname and affixed mynoianal seal at Plymouth Meeting; Pennsylvania onthe day and year first -above written w Q. CC o 0 i - _ g 43 ABy 'Teresa Pastella Not Public =y c ea This Power ofAttomey is made and executed puuanttaarid by ai only of the following By-laws and Authorizations ofAmerican Fire and Casualty Company The Ohio Casualty 02 Insurance rn o, ai 'Compmy:Liberty Mutual Insurance Company', and West Arrr2ncan Insurance Company which resolutions are.now m full force and effect reading -as follows:- ; ..: -. L-ARTICLE IV- OFFICERS— Section 12: Power of Attomey.Anyofficerorotherofficialofthe•Corporationauthorized forthat.purposeinwrdingbytheChairmanorthePresident and subject O_c, -;; 'to -such limitation as the. Chairman. or the President mayprescnbe, shall appoint -such attomeys in -fact as maybe necessary to ect,in behalfof the Corporaiionao make execute seal;- :a) - -. - O .0 .acknowledge and deliver as suretyany. and "all: undertakings; bonds recognizances and other surety obligations." Such attomeys m fact; subject t6the Imitations set forth it their respective •0_, = - d :powers of-attomey, shall have full power to -bind the Corporation by their signature and execution of any.'such instruments and to-attach3hereto the_seal-of theCorporation: Whenso- �: L M :executed, -such instruments -shall tie as binding.as)f signedtiy the President andattesied.to by the Secretary. Any.poweror-authontygranted to any representatme:or atromey in-fact,under- w.L the provisions of this article may be revoked atany time tiy.the Board; the Chaiinian the President orby the officer or offcers graniing,such-power or authomy = ARTICLE-XIII -Execution of Contracts SECTION 5 Surety Bonds and Undertakings Anyofficer of the - -Company authorized for thatpurpose in wntmg bythe charman or the presidents > -� and subject to,such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in=fact as maybe necessary to act in behalf of the Company to make; execuie;:.L •+, L - _ - - _ - _ _ - _ �p -seal,--acknowledge and -deliver as:surety-any"and all -undertakings bonds,:recognizances arid-other_surety obligations Such attomeys-m fact subject ioahe limitations setforth in their_ r �, -- Z= -respective powers:of attorney, shall have fulfpower to bind the -Company by iheirsignalure;and execution of any.such Instruments andao attach thereto.the seal of_the Company, ;When soy - o- V r executed such instniments shall be as bmdin"g asaf signed by the presidentand attested by;the secretary. _ p -.: " - - ' _ Certificate of Designation = The President of the Company acting pursuantto the, Bylaws ^of the Company, authorizes David M Carey Assistant Secretary" to appoint such attorneys _ _ —�._ _ - fact as may benecessary to act on behalf of the Company to make; execute; seal; acknowledge and deliver as,surety. any and all undertakings bonds,. recogmzances and other surety= .obligations. Authorization _ By unanimous consent ofthe-CompanysBoard of Directors; the .Company consents that facsimile or mechar ically reproduced signature -of any assistant secretary of the Company wherever appearing upon a cerrred copyof any power.of attomey issued by the�Comp`any m connection wdh suretybonds shall be valid and binding uponihe Company with - the same force and effect as though manually:affixed " (,,Gregory W. Davenport, the undersigned Assistant Secretaryof American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty. Mutual Insurance Company and: West American Insurance Company do hereby certify -that the original power of-attorney�ofmhich the foregoing is a -full; true and correct copy=of.the Bower of Attomey executed by said r Companies, is in full force and effecfand has:not_been rev " IN TESTIMONY WHEREOF, thave hereunto set my hand•and affixed�the seals of saidCompan- this 3 rd day of .. April -- - - a By�: .Gregory W. Davenport; Assistant Secretary r39 of - L.MS_12873_122013 -- _ - - - - - . - 7 300 0J IRR CITY OF HUNTINGTON BEACH L�J INTERDEPARTMENTAL COMMUNICATION TO: CC # 1461 1 st Street Storm to Sewer Diversion Project FROM: Andrew Ferrigno DATE: July 30, 2013 SUBJECT: CC 1461 lst Street Storm to Sewer Diversion Project Bali Construction reference check., C ,ate � .,i '7? m r is s City of'Newport City of El Monte, City of Adelanto, QUESTIONS Beach, Site Utilities, Site Utilities, Site Utilities, $138,135, Tom $148,453, Todd(cm� $991,146, Wilson Sandefur (949)644- Moyschy (562)795- So (760)954-6145 3311 0270 yes 1 Did contractor work well with your agency? 2 Did they change personnel during the 'ob? 3 Were there any problems with subcontractors or suppliers (stop notices)? 4 Did general and subcontractors work consistently on the project? ye, 5 Was the project completed on time? 7A, ".)a c, C5/vJO � LXGt� 7 (.5/[iUI� Gt%t�K� 6 How was the quality of the work? w0-C I--o 7 Would you hire this general contractor again? 8 Are the contractors and subcontractors' licenses current and 3"x d d verified with State Contractors License Bureau? Yes, (Contractor & ��,.' �'Ei3'ii�'°, ,��Ji �nr'�y'+¢^:;.E �<: N,�, �� ,�":-H;:.. Subcontractors' licenses are current and active). f a y P - x GAConstruction Contracts (CCs)\CC1461 First Street SS Diversion Flow Monitoring\Bid Project\CC 1461 Reference Check.doc 9 Are there any citations or judgments on file against the contractor with the State Contractor's Licensing Board? N WIN 7 NK" 10 Comments: 7-, SCN EL �-r,_- ? ?6FWA I/ 0 C CJ�,/ E C -7,; Contractor's License Detail ® License # 524540 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 524540 Extract Date 3/25/2014 BALI CONSTRUCTION INC Business Information Business Phone Number: (626) 442-8003 9852 JOE VARGAS WAY SO EL MONTE, CA 91733 Entity Corporation Issue Date 02/11/1988 Expire Date 02/29/2016 ACTIVE License Status This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR Classifications C-4 BOILER HOT WATER HEATING AND STEAM FITTING C16 FIRE PROTECTION CONTRACTOR C36 PLUMBING CONTRACTOR'S BOND This license filed a Contractor's Bond with WESTERN SURETY COMPANY. Bond Number: 929268316 Bond Amount: $12,500 Effective Date: 01 /01 /2007 Bonding Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) BROOKS MICHAEL EUGENE certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 02/24/1998 BQi's Bond History https://www2. cslb. ca. gov/OnlineServices/CheckLicenseII/LicenseDetail. aspx?LicNum=52... 3/25/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 Workers' Compensation WORKERS'COMPENSATION This license has workers compensation insurance with STARR INDEMNITY & LIABILITY COMPANY Policy Number: 1000001109 Effective Date: 01 /31 /2013 Expire Date: 01/31/2015 Workers' Compensation Histaj Personnel listed on this license (current or disassociated) are listed on other licenses. -- -Personnel List I I Other Licenses Conditions of Use I Privacy Policy Copyright© 2010 State of California https://www2. cslb. ca. gov/OnlineS ervices/CheckLicenseII/LicenseDetail. aspx?LicNum=52... 3 /25/2014 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. -10 Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 230813 Extract Date 3/25/2014 MORROW - MEADOWS CORPORATION Business Information Business Phone Number: (909) 598-7700 231 BENTON COURT CITY OF INDUSTRY, CA 91789 Entity Corporation Issue Date 12/28/1964 Expire Date 06/30/2014 ACTIVE License Status This license is current and active. All information below should be reviewed. Classifications Bonding Workers' Compensation CLASS DESCRIPTION C10 ELECTRICAL B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BONG} This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC921446 Bond Amount: $12,500 Effective Date: 03/02/2009 Contractor's Bond isto BOND OF QUALIFYING INDIVIDUAL. 1. The Responsible Managing Officer (RMO) PRICE KAREN VIRGINIA certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/29/2003 BON Bond HISto WORKERS' COMPENSATION This license has workers compensation insurance with TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA https://www2. cslb.ca.gov/OnlineS ervices/CheckLicenseII/LicenseDetail.aspx?LicNum=23... 3/25/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 Policy Number: VTC2JUB9494A622 Effective Date: 07/01 /2012 Expire Date: 07/01/2014 Workers' COMDensatlon History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List 11 -- Other Licenses I Conditions of Use I Privacy Policy Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseIl/LicenseDetail.aspx?LicNum=23... 3/25/2014 Contractor's License Detail - License # 731797 & DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -0 Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. -0 Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 731797 Extract Date 3/25/2014 .. ..... a . SANCON ENGINEERING INC Business Information Business Phone Number: (714) 891-2323 5841 ENGINEER DRIVE HUNTINGTON BEACH, CA 92649 Entity Corporation Issue Date 01/27/1997 Expire Date 01/31/2015 ACTIVE License Status This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C33 PAINTING AND DECORATING Classifications ......,._ ,. , .... �._..._.._._ ._... ............ ._.., D12 SYNTHETIC PRODUCTS C10 ELECTRICAL B GENERAL BUILDING CONTRACTOR Bonding CONTRACTOR'S BOND This license filed a Contractor's Bond with HANOVER INSURANCE COMPANY. Bond Number: BLF9304692 Bond Amount: $12,500 Effective Date: 11 /25/2011 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) DI BENEDETTO NICHOLAS FREDERICK certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. https://www2. cslb.ca.gov/OnlineServices/CheekLicenseII/LicenseDetail.aspx?LieNurn=73... 3/25/2014 Check a License - License Detail - Contractors State License Board Page 2 of 2 Effective Date: 05/01/2003 BQI's Bond History 2. The Responsible Managing Officer (RMO) PARSONS CHARLES BROWNING certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/07/2003 WORKERS' COMPENSATION This license has workers compensation insurance with TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Workers' Compensation Policy Number: DTJUB9818R93A13 Effective Date: 10/01 /2012 Expire Date: 10/01/2014 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses Conditions of Use I Privacy Policy Copyright © 2010 State of California https://www2. cslb. ca. gov/OnlineServices/CheekLicenseII/LicenseDetail. aspx?LieNum=73 ... 3/25/2014 �l City of Huntington Beach 24-Mar-14 Bid Opening 10:00 AM CC 1461,1st Street Storm to Sewer Diversion Bidder Bid Amout Bid Amount Corrected 1 316 Engineering & Construction Inc (�; (f -1 (0, �_ OXD 2 AToM Engineering Construction Inc. a 2 , % , av 3 Bali Construction 13 , o 4 Clarke Contracting Corp. 5 Dominguez General Engineering Inc 6 Grfco Inc ----" 7 Humphrey Constructors kq V (00, Do 8 Mike Prlich and Sons inc 9 MMC Inc. \ (Z 0 _ 0-0 10 Mode Engineering 11 Morrow -Meadows Corp - I&C Division 12 Paulus Engineering, Inc. 2S 2, moo. 0-0 13 14 15 16 17 City of Huntington Beach A&� LEE & RO, INC. First Street Storm to Sewer Diversion Preliminary Design Cost Estimate PROJECT TITLE & LOCATION: Job No. PREPARED BY: CR Cost Base Year: 2013 City of Huntington Beach 1 First Street Storm to Sewer Diversion 1109-04 I 10JECKET) BY: MG DATE: 10/18/2013 ITEM DESCRIPTION: QUANTITY I MATERIAL COST LABOR COST MATERIAL AND LABOR NUMBER UNIT I UNIT COST TOTAL UNIT COST I TOTAL UNIT COST TOTAL 1. Mobilization 1 LS $5,000 $5,000 $5,000 $5,000 2. Sheeting, Shoring, and Bracing 3. Demolition 1 1 LS LS $2,000 $2,000 $1,000 $4,000 $1,000 $4,000 $3,000 $4,000 $3,000 $4,000 4. Earthwork Excavation 50 CY $50 $2,500 $50 $2,500 Crushed Rock 10 CY $45 $450 $100 $1,000 $145 $1,450 Slurry Backill Soil Backfill 30 10 CY CY $75 $2,250 $30 $100 $900 $1,000 $105 $100 $3,150 $1,000 Surplus Soil Disposal 40 CY $5 $200 $25 $1,000 $30 $1,200 SUBTOTALS FOR BID ITEM NOA: MATERIAL $2,900 LABOR $6,400 TOTAL $9,300 5. Concrete Manholes 2 EA $4,250 $8,500 $2,500 $5,000 $6,750 $13,500 6. Concrete Work I I LS $3,000 $3,000 $5,500 $5,500 $8,500 $8,500 7. Miscellaneous Metalwork 1 LS $500 $500 $1,500 $1,500 $2,000 $2,000 8. Piping and Appurtenances 4" SCH 40 PVC Pipe 1 20 LF $10 $200 $40 $800 $50 $1,000 Piping Appurtenances 1 LS $750 $750 $1,250 $1,250 $2,000 $2,000 SUBTOTALS FOR BID ITEM NO.9: MATERIAL $4,450 LABOR $9,050 TOTAL $3,000 9. Vavles and Actuator I LS $6,500 $6,500 $1,250 $1,250 $7,750 $7,750 10. Parshall Flume I EA $800 $800 $1,250 $1,250 $2,050 $2,050 11. Electrical I LS $5,000 $5,000 $15,000 $1,500 $20,000 $20,000 12. Instrumenation and Control 1 LS $6,500 $6,500 $1,000 $1,000 $7,500 $7,500 13. SWPPP Implementation 1 LS $1,500 $1,500 $1,500 $1,500 14. Dewatering I 1 LS $2,500 $2,500 $1,500 $1,500 $4,000 $4,000 15. Protection of Existing Utilities I LS $1,000 $1,000 $1,500 $1,500 $2,500 $2,500 16. Payment & Performance Bonds 1 LS $2,500 $2,500 $2,500 $2,500 TOTALS: MATERIAL $47,500 LABOR $57,900 TOTAL $96,100 G:\Construction Contracts (CCs)\CC1461 First Street SS Diversion Flow Monitoring\THE SECOND 100% PSE\CC1461 final sub\COST ESTIMATE\1109-04 100% Cost Estimate.xlsx Page 1 of 1 City of Huntington Beaci., Department of Public Works Plan Holders List Engineer: Andrew Ferrigno Account #: 51100511.48270 Bid Open Date: March 24, 2014 Cost (Pickup): $35 Cost (Mailed): $60 Engineer's Est.: $100,000 Location: COUNCIL CHAMBERS Job CC M. Title / Desc.: 1st Street Storm to Sewer Diversion Bid Advertise Dates: 43903 Plans: Yes Spec: Yes Sec. C: Yes Addendum 1 Date: Addendum 2 Date: Company Name Phone Fax Receipt Date / Who Mail or Date / Who Date/Who Add 10- AAA- KID _ kh.mhnr Nl..mhcr Nn Snid Plans Pir_kun Add to E-Bid From EBid Time: 10:00 AM CC 1461 C-- rwz J 2��e �2- �2i 2 Kk CVN <1-15� Slo2co 2� 313 �� a r l`f e l c� -22 L� fi �� s-+- 3 Z 77' 3 t,4 1-4 3 ►`-t �� a Sn V)�V\x q0 l IZ�i 2 ( ca& 5 l� 31'► 1 Ctiw� off+ l 5 5 6 7 8 Page of CC1415 Front Counter Plan holders List template Lic. #5 3635Madho S. Mehta C _ rM_—, 6 �_ Supervisor MMC INC. Precision Machining" Rotating Equipment Sales & Service Center Quality Overhauling Pumps, Steam Turbines Compressors, Blowers, High Speed Blowers, Mixers, Variable Drives, Finfans, Mechanical Seals, & Other Rotating Equipment (714) 521-2022 5901 Fresca Dr. FAX: (714) 521-2440 La Palma, CA 90623 Cell: (714) www.aboutmmc.com E-Mail: madho@aboutmmc.com Hump hir(LnV Qonsbruct(alrs 3oe Sanchez Superintendent 21314 Hideout tar Diamond Bar, CA 91765 Cell Phone (909) 635-4475 Main office (909) 635-5945 Fax (909) 594-0414 Email rich@hcon.us MMS 11AL1 Elonte; .So C Phone: 626': C,FaX.c 626SF General Engineering Contractor rity of W,ntinotnn R-1, I FF & in INr. Ball rnnstmrtinn Inr. 416 EnainPPrinu & rnns. Atnm En¢inPPrina Humnhrev rnnstrurtnrs Paulus Envin-inv MMr Inr First Street Storm to Sewer Diversion Pre Iimma ry Design Cost Estimate PROJECT TITLE & LOCATIDN: I lJob No. PREPARED BY: CR Cost Base Year: 2013 City of Huntington Beach 1 11109-04 First Street Storm to Sewer Diversionl I CHECKED BY: MG DATE 10/18 2013 ITEM DESCRIPTION: QUANTITY MATERIAL C05T LABOR COST MATERIAL AND LABOR , - NUMBER UNIT UNIT C051 TOTAL UNIT C051 TOTAL UNIT COS! TOTAL 1. Mobilization I I L5 $5,000 $5,000 $5,000 $5 000 $5,686.00 $IS 750 $6 200 $14 000 $8,000 $IS 000 2. Sheeting, Shoring, and Bracin I LS $2 000 $2 000 $1,000 $1,000 $3,000 $3,000 $6,472.00 $8 500 $5 500 $3,000 $5,000 $15 000 3. Demolition I IS $4 000 $4 000 $4,000 $4 000 r. $8 770.00 . $2,650 $10 398 $11 000 $5,000 $S,000 4. Earthwork $50 $2,500 $50 $2,500 ',, ., ��,ri' a',„ i, ill1 _ Excavation 50 CY Crushed Rock 10 CY $45 $450 $100 $1,000 $145 $1 450 t o Slurry Backill 30 CY $75 $2 250 $30 $900 $105 $3 150 Soil Backfill 10 CY $100 $1000 $100 $1,000 Surplus Soil Disposal 40 CY $5 $200 $25 $1,000 $30 $1 200 $9,300 $23 591.00 $16,450 $25 000 $30 000 $102 000 $25 000 SUBTOTALS FOR BID ITEM NO.4: MATERIAL $2 900 LABOR $6,400 TOTAL 5. Concrete Manholes 2 EA $4,2S0 $8 500 $2,500 $5,000 $6,750 $13 500 $13 612 $37,900 $40 800 $46 000 $29 000 $40,000 6. Concrete Work 1 LS $3,000 $3,000 $5 500 $5 500 $8 500 $8 500 $5 200 $5,000 $3,000 "" $3,000 $4 600 $2,000 000 7. Miscellaneous Metalwork 1 L5 $500 $500 $1,500 $1,500 $2 000 $2 000 $1,873 $1,000 $4 400 $500 $3,300 $5,000 8. Piping and A urtenances I 4, SCH40 PVC Pie 20 LF $200 $40 $800 $50 $1000 $2000 $3,000 $4 480 $3 950 "�I�4,i $4 000 Ti, $5,000 'I , $3,000 's qR $100,000 Piping Appurtenances I LS $750 $1250 $1250 $2,000 SUBTOTALS FOR BID ITEM NO. 8: $4,450 LABOR $9 050 TOTAL 9. Vavles and Actuator 1 LS K$6500 $6500 $1,250 $1250 $7750 $7,750 - $6,489 $3,600 $5,300 $8,600 $1450010. Parshall Flume I EA $800 $1 250 $1 250 $2 050 $2 OSO '91, $12942 $4,100 $7500 $2 000 $1 800 $8 000 11. Electrical 1 LS $S000 $15000 $1,500 $20000 $20000 $30 692 $15 000 $37 000 $13,000 �° $36,000 $25,000 12 Instrumenation and Control 1 LS $6,500 $1,000 $1 000 57.500 $7 500 $30 692 $40 000 $27 000 $51,000 " $34,000 $36,511 13. SWPPP Im lementation I LS $1500 $1 500 $1,500 $1,500 $0 _ $0 $0 $0 $0 6 $0 14. Dewaterin 1 LS $2,500 $2,500 $1 500 $1 500 $4 000 $4 000 $0 $0 $0 $0 $0 $0 15. Protection of Existing Utilities 1 LS $1,000 $1 000 $1,500 $1,500 $2,500 $2,500 $1 332 $1,000 $3,300 $3,000 $1,000 $4,000 16. Payment & Performance Bonds 1 LS $2,500 $2 500 $2 S00 $2,500 rllli $2 300 $10,065 $3,000 $4 000 $5,000 $2 000 TOTALS: MATERIAL $47,500 LABOR $57,900 TOTAL $96,100MI $154,131.00 $164,965 - $182,398 $194,100 $252,200 '';, $2,287,011 City of Huntington Beach 24-Mar-14 V Bid Opening 10:00 AM V CC 1461,1st Street Storrs to Sewer Diversion Bidder Bid Amout Bid Amount Corrected 1 316 Engineering & Construction Inc - Q 2 AToM Engineering Construction Inc. 3 Cho 3 Bali Construction S4 I31 00 4 Clarke Contracting Corp. 5 Dominguez General Engineering Inc 6 Grfco Inc 7 Humphrey Constructors 904 IM°= 8 Mike Prlich and Sons inc 9 MMC Inc. 10 Mode Engineering 11 Morrow -Meadows Corp - I&C Division 12 Paulus Engineering, Inc. Vo 00 13 14 15 16 17 �A r P RECEIVED BY: (Name) / (Date), 0 CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTII11CaTON BEACH INTERDEPARTMENTAL COMMUNICATION TO:` City Treasurer FROM: City Clerk DATE:�G�J SUBJECT: Bond Acceptance I have received the bonds for CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other " Re: Tract No. CC No. MSC No. Other No. g:/forms/bond transmittal to treasurer (Company Name) D -boo /-7o � I Approved Z,11-7i ,0/ (Council Approval Date) l ..Agenda Item No. City Clerk Vault No. SIRE System ID No. �` �1 t Dept. I D PW 14-024 Page 1 of 2 Meeting Date: 4/7/2014 our- or-,e000'J) CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/7/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a contract in the amount of $154,131 to Bali Engineering & Construction Inc., for the 1st Street Storm to Sewer Diversion Project, CC-1461; and, authorize an appropriation in the amount of $63,000 and up to fifteen percent (15%) in construction change orders Statement of Issue: On March 24, 2014, bids were publically opened for the 1st Street Storm to Sewer Diversion Project, CC 1461. City Council action is requested to award the construction contract to Bali Engineering & Construction Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $79,000 are available in the 1st Street sewer diversion account No. 51189003.82600. Funds in the amount of $58,000 are available in Infrastructure Fund account 31485201.82000. $63,000 will be reimbursed to the City through Orange County Transit Authority (OCTA) Environmental Cleanup Program (ECP) Tier 1 grant funds. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Bali Engineering & Construction Inc. in the amount of $154,131; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the appropriation of $63,000 in OCTA grant funds to account 87390015.82500; and, D) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids, or provide staff with an alternate action. Analysis: Presently the 1st Street Sewer Diversion is manually operated and is only permitted to divert storm water to the sanitary sewer during the non -rainy season from April 15 to October 15. The construction of this project will allow the City to divert urban runoff into the sanitary sewer on a year round basis and prevent this discharge onto the beach, contributing to the improvement of the water quality of our beaches. The scope of this project includes the construction of an automated valve, and flow monitoring with a remotely accessed SCADA (system control and data acquisition) system. Item 9. - 1 FIB -124- Dept. ID PW 14-024 Page 2 of 2 Meeting Date: 4/7/2014 Bids were opened publically on March 24, 2014. The verified bid amounts are listed below: E, LL BID AMOUNT BID AM,OUIVT ' BIDDER'S NAME (Amount ReafcFat Bid = �� Correction ,6� Opening, and Basis of �A�nrard' tiIir C _ �,_Y -as°3t Bali Construction $ 154,131.00 $ 154,131.00 316 Engineering & Construction Inc $ 164,965.00 $ 164,965.00 ATOM Engineering Construction Inc. $ 182,398.00 $ 182,398.00 Humphrey Constructors $ 194,100.00 $ 194,100.00 Paulus Engineering, Inc. $ 252,200.00 $ 252,200.00 MMC Inc. $ 182,011.00 $ 2,287,011.00* * MMC Inc. had apparent errors in their bid tabulation, however, since they were not ine lowest Ulu LAW 11 lucMul I waz. I IUL requested. Staff recommends awarding a contract to Bali Engineering & Construction Inc. in the amount of $154,131. Bali Engineering & Construction Inc. has performed acceptable construction of projects of a similar nature. The total project cost is estimated to be $200,000 which includes the construction contract, construction contingency and supplemental expenses (soils and materials testing). Environmental Status: The Public Works Commission reviewed and approved CC-1461 on September 18, 2013, with a vote of 6-0-1 (Cook absent) Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Vicinity Map of 1" Street Storm to Sewer Diversion CC-1461 xB -1 25- Item 9. - 2 ��- �o � o GQ J� o 0 a PROJECT 40 LOCATION 0 N VICINITY MAP Not to Scale 1ST STREET SCADA SEWER DIVERSION PROJECT CC1461 Item 9. - 3 x8 - 1 26- City of Huntington Beach Bid Opening CC 1461, 1st Street Story to Sewer Diversion 24-Mar-14 10:00 Aid Bidder Bid Amout Bid Amount Corrected 1 316 Engineering & Construction Inc 2 AToM Engineering Construction Inc.dl 3 Bali Construction . C�Ci 4 Clarke Contracting Corp. 5 Dominguez General Engineering Inc 6 Grffco Inc - 7 Humphrey Constructors Cl Z 8 Mike Prlich and Sons inc 9 MMC Inc. 1/ , 10 Mode Engineering 11 Morrow -Meadows Corp - II&C Division 12 , Paulus Engineering, Inc. r' 0C) 13 14 15 16 17 Y `� ) Ccx) 6, --w.. ��� I n; L-11 t: �' s-� x'�f 21 I SECTION A NOTICE INVITING SEALED BIDS for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 10:00 am on Thursday March 24, 2014. 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 $35.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice. will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of Califomia, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on .the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of two each sanitary sewer manholes containing flow measuring equipment, SCADA equipment and an actuated valve. In addition the Project will tie into an existing restroom to provide power and SCADA facilities to the proposed manholes. The project also contains the complete restoration of the City's public facilities disturbed by the project. In total, the project will provide a remote actuated facility which will divert storm water flows into the City's sanitary sewer system and provide volumetric flow monitoring of the diverted effluent. The contract shall allow the Contractor 60 working days to complete the contract. The engineer's estimate of probable construction cost for the work included in the basis of award is $100,000. The contractor shall be prepared to mobilize on this project immediately following the award of this project by City Council. The anticipated award date for this project is April 7, 2014. All site work including the installation of the manholes, sewer pipes, backfill compaction, landscaping, conduit, concrete flat work, and the repair of handrails shall be completed by May 23, 2014. The site shall be restored and open to the public by May 23, 2014. The balance of the project including installation of instrumentation and control equipment, and testing, shall be completed thereafter with the 60 working day project limits. 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 3rd day of September 2013, by Resolution No. 2013-48. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH - :Aocount:'Information. hone # (714) 536-5227 Name: City Of Huntington Beach (Parent) d&6es a- PO Box 784 .::i Huntington Beac, CA 92648 Acct #s C000070479 Client City Of Huntington Beach -Clerk's O Placed,by Patty Esparza 1 Faz #1 (714) 374-1557 Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of 1 ST STREET STORM TO SEWER DIVERSION CC 1461 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 10:00 am on Thursday March 24, 2014. 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 $35.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. 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 --- ad proof pg. 1 --- on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 0 of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description_The project consists primarily of two each sanitary sewer manholes containing flow measuring equipment, SCADA equipment and an actuated valve. In addition the Project will tie into an existing restroom to provide power and SCADA facilities to the proposed manholes. The project also contains the complete restoration of the Citys public facilities disturbed by the project. In total, the project will provide a remote actuated facility which will divert storm water flows into the Citys sanitary sewer system and provide volumetric flow monitoring of the diverted effluent. - The contract shall allow the Contractor 60 working days to complete the contract. The engineers estimate of probable construction cost for the work included in the basis of award is $100,000. - The contractor shall be prepared to mobilize on this project immediately following the award of this project by City Council. The anticipated award date for this project is April 7, 2014. - All site work including the installation of the manholes, sewer pipes, backfill compaction, landscaping, conduit, concrete flat work, and the repair of handrails shall be completed by May 23, 2014. The site shall be restored and open to the public by May 23, 2014. The balance of the project including installation of instrumentation and control equipment, and testing, shall be completed thereafter with the 60 working day project limits. 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 3rd day of September 2013, by Resolution No. 2013-48. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH .._......... --- ad proof pg. 2 --- STATE OF CALIFORNIA) COUNTY OF ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday; March 13, 2014 Thursday; March 20, 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on March 25th , 2014 at Los Angeles, California gnature SECTION A NOTICE INVITING SEALED BIDS for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 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, 1Second Floor, 2000 Main Street, Huntington Beach, ;California 92648, up to the hour of 10:00 am on Jhursday March 24, 2014. Bids will be publicly open in the Council Chambers unless otherwise ;posted. 'Copies of the Plans, Specifications, and contract idocuments are available from the Office of the Director of Public Works, 2000; Main Street, Huntington Beach CA 92648, upon payment of a $35.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional 'costs for special delivery). Any contract entered into pursuant.to this notice; will incorporate the provisions of the State Labor' Code. Pursuant to the provisions of the' Labor.Code of the, State of California, the. minimum prevailing rate of per, diem wages, for each craft, classifica-. tion or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,. which are on file at the Office of the Director of Public'Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY, will deduct 5% retention from all progress payments. The Contractor may substitute an escrow; holder surety of equal value to the retention in accordance with`the provisions of the Public Contract Code, Section 10263. The Contrac= tar 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. I No bid shall be considered unless it is prepared on �the,approved Proposal forms in conformance with the Instructions to Bidders as determined by the; (AGENCY. The bid must .be accompanied by al 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: ibidder .,shall be licensed in accordance with" ;provisions of the Business and Professions Code' i and shall possess a State Contractor's Licensel Class A at the time of the bid .opening: The`, successful Contractor and his subcontractors will) be required to possess business licenses from. the AGENCY. All extension.of unit prices will be subject to, verification by the 'AGENCY. .In case' of ai variation between the unit -price and the extension;:! .the unit price will govern., Project Description: The project consists primarily) Hof two each sanitary sewer manholes, containing flow measuring equipment, SCADA equipment and' an actuated valve. In addition the Project will tie; into an existing restroom.to provide power and iSCADA facilities to the proposed manholes. The' project also contains the complete, restoration of !the Citys public facilities disturbed by the project.) In total, the project will provide a remoteactuated! ,facility which will divert storm water flows irito'the,' Citys sanitary sewer system and provide volumet-i 4ric, flow monitoring of the diverted effluent. ' The contract shall allow the Contractor 60! working days to complete the contract. The engineers estimate of probable constructioni cost for the work included in the basis of award is! I$100,000.' f The contractor shall be prepared to' mobilize" on this project immediately following the award ofj this project by City Council: The anticipated awardi date for this project is April 7, 2014. 1 I - All site: work including the installation of thei manholes, sewer pipes, backfill compaction, land-; !scaping, conduit; concrete flat work, and ,the -repair 1 of handrails shall be completed by May'23, 2014.l, The site 'shall be restored and open to the public by; `May 23, 2014. The balance of the project including! installation of instrumentation and control equipment, and testing, shall be completed` thereafter with the 60 working day project limits. .The AGENCY reserves the right to, reject any or all bids, +i 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 3rd day of September 2013. by Resolution No. 2013-48. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH . City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 3, 2014 316 Engineering & Construction, Inc. 7434 E. Garvalia Ave. Rosemead, CA 91770 RE: 1 St Street Storm to Sewer Diversion — CC-1461 Enclosed please find your original bid bond for CC-1461. Sincerely, s Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) S- ..�r -yam cc 1.41l 2014 H A R 24 [ai'i 9: 42 SECTION C PROPOSAL for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from'the , bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find —�5�1 �'�-S ��.,•a� in the amount of f�%d 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 for 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Signature /Bidder's C-2 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions Ite Estimate In No. d QuantityUnit Bid Item Description Price Extended Amount 1 1 Mobilization Demobilization L.S. a ° 2 1 Installation of sheeting, shoring, and bracing L.S. 3 1 Demolition of existing facilities L.S. $ a 4 1 Earthwork excavation, Dewatering, backfill, L.S. SD vc 5 2 Sanitary Sewer Manholes EA 6 200 Concrete Flatwork C.F. $ S. $ DOO,°� C-3 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 7 1 L.S. Miscellaneous metalwork $ 00, 00 g 20 L.F. 3-inch and 4-inch PVC Pipe and appurtenances $ $ qs0 v0 9 1 L.S. 4-inch ball valve and electric actuator assembly 10 1 EA Furnish and install 2-inch Parshall Flume 00, °a 11 1 L.S. Labor, material, and equipment for electrical work 12 1 L.S. Installation of Instrumentation Equipment 0 000,�a C-4 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 13 1 L.S. Protection of existing utilities O$OQ, 00 14 1 L.S. Payment and performance bonds. Total Amount Bid in Figures: $ 5 (jD Total Amount Bid in Words: ............_ - -- - - ----- --- - ---- n� K �Oda AW6 &8 C-5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Items) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract m0RV_6W4-m 6_,4o0k-�.s CO2P cour 1", CI-r�bryNDjSVJ CA- q I�g� a3Dg13 C I D S9,110A 33 9b L11 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2, That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of Calif is that the foregoing is true and correct and that this declaration is executed on -Z! /d�Vat P Date City State being first duly sworn, deposes and ays that he or she is of VIA ,�/,r� n wee yss � � , 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. L i 4 ioSf: Name of Bidder e:: � � :: �' ��' >Ature of bidder Address of Bidder , 7e> C-7 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 1ST Street Storm to Sewer Diversion, CC 1487, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: —1' l'/ y C-8 3/66>" �. i 4 In Ce,�nr vo"", G � ✓fl��.�., �JiC. Contractor By 41evl,o� Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 JO No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal. shall constitute signature of this questionnaire. C-9 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: 5 2- l— /a C-10 Pe jet Contractor By f , l�,0 Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder N Business Address City, State Zip (41f) , r--Z&?,F2 Telephone /Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by t tip• *-fSl�of our office on 3 ' Z , 201Y The following are persons, firms, and corporations having a principal interest in this proposal: C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Nime of Bidder �fV �� NSJ%Qs Printed or Typed Signature Subscribed and sworn to before me this 2% day of A44 , 201-q. NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer manholes, buried electrical conduit, concrete flat work, and instrumentation and control systems for sanitary sewer systems. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. C/Tal` evr�,k Ali, Name and Address of Publ c Agency Name and Telephone No. of Project Manager: 16.4G py Contract Amount Type of Work Date Completed Provide additional project descri tion to show similar work: 2. / �, Name and Address of Public Agency C-12 Name and Telephone No. of Project Manager: Contract Amount Type of Work Provide additional project description to show similar work: 3. Name and Address of Public Agency Date Completed 4 e Gi Name and Telephone No. of Project Manager: /e:re"VM4*1,6 acy �3Yri '`+'S'a✓' i /�t?Z � T/®� /Cl -� ?moo f JP�', Contract Amount Type of Work Date Completed Provide a/dditional project description show similar work: a v - Pam-, rAOIC J&;�, ,e b v.���ahIF C-13 Bidder's Critical Staff Listed below are the names of the bidders,proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No. of proposed Project Manager: —f l`.f`" `75'of�f 1.3 Project Name & Contract Amount Type of Work Date Completed 7S-ie t! 5d/O— bel I L Project Name & Contract Amount Type of Work Date Completed yes', Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: F/f— 3 3/ I rye Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed ,Isw crTs?psw� Project Name & Contract Amount Type of Work Date Completed C-14 California All -Purpose Acknowledgement State of California County of 6�`'�. On N lArcL aol �!`t' before me, Z�t ►t-4 (Dot-44 , a Notary Public personally appeared 76 H N i 1 J--j— 1 AtA V_/ + sls 1 E AUSTIN G. UONG _PA7Commission # 1971348 a - -� Notary Public - California z z: Z "' Los Angeles County D My Comm. Expires Apr 3, 2016 Notary Public Seal Description of Attached Document Title or Type of Document: who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(!�5re subscribed to the within instrument and acknowledged to me that 40 she/they executed the same ir(�5/7her/their authorized capacity(ies), and that by f1 i^ er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature Document Date: Number of Pages: Signer(s) Other than Named Above: Capacity(ies) Claimed by Signer(s) ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL ❑ Individual ❑ Corporate Officer: ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Bond No.: CDGB101562 State National Insurance Company Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. Bid Bond 316 Engineering and Construction, Inc. 7434 Garvalia Ave., Rosemead, CA 91770 KNOW ALL MEN BY THESE PRESENTS,, thatwe (Here Insert full name and address or legal title of Contractor) State National Insurance Company, Inc. administered by: Contractor Managing General as Principal, hereinafter called the Principal, and Insurance Agency, Inc. 20335 Ventura Blvd. Suite 426 Woodland Hills, CA 91364 (Here insert full name and address or legal title of surety) a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Greatest Amount Bid Dollars ($10% of G.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 (Here insert full name, address and description of project) 1 st Street Storm to Sewer Diversion in the City of Huntington Beach, CA 92648 NOW, THEREFORE, if the Obllgee 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 24th (Witness) i ness) day of March, 2014 316 Engineering and Construction, Inc. (Principal) (Seal) (Title) State National Insurance Company, Inc. administered by: Contractor Managing General Insurance Agency, Inc. (Surety) (Seal) (Title) Stephanie Hope Shear, Attorney -In -Fact 20335 VENTURA BLVD., SUITE 426, WOODLAND HILLS, CA 91364 PHONE:866-363-2642 FAx: 866-495-2510 C M G IA-SN I C-015-05112 Bond No.: CDGB101562 Premium: N/A Taxes & Fees: N/A State National Insurance Company, Inc. Administered by: CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC. POWER OF ATTORNEY KNOW BY ALL THESE PRESENTS That STATE NATIONAL INSURANCE COMPANY, INC. a corporation organized and existing under the laws of the State of Texas, having its principal office in Bedford, Texas does hereby constitute and appoint Stephanie Hope Shear its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, the following bond described as: 1st Street Storm to Sewer Diversion CC 1461 in the City of Huntington Beach for: Three Million and 00/100 Dollars ($3,000,000) and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these present, shall be as binding upon STATE NATIONAL INSURANCE COMPANY, INC. as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when soused shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, STATE NATIONAL INSURANCE COMPANY, INC. has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this I Ith day of June, 2012. STATE NATIONAL INSURANCE COMPANY, INC. Terry L. Ledbetter, President STATE OF TEXAS County of Tarrant Wyatt D. Blackburn, Secretary On this] Ith day of June, 2011 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each of the herein described and authorized officer of STATE NATIONAL INSURANCE COMPANY, INC.; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at Bedford, Texas the day and year above written. s ��0.YP�` Mirsdy Davis i Notary Public, 's � r State of Texas Comm. Exp`04`21-IS . [Notary Stamp] U_ - Signature of Notary I. Wyatt D. Blackburn, Secretary of STATE NATIONAL INSURANCE COMPANY, INC., do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by STATE NATIONAL INSURANCE COMPANY, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attested the seal of said Company this24th day of March 2014. Wyatt D. Blackburn, Secretary CMGIA-SN I C-SUR-014-05/12 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On MAR 2 4 2014 before me JAN MICHELLE RIVERA NOTARY PUBLIC DATE' ' NAME, TITLE OF OFFICER Personally appeared STEPHANIE HOPE SHEAR NAMES) OF SIGNER(S) ' Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS r�r viand and official seal JAN MICHELLE RIVERA Commission # 1939902 Z ;:-® Notary Public - California z Los Angeles County My Comm. Expires Jul 3, 2015 NOTARY SEAL r- . City of Huntington Beach 2000 Main Street • Huntington Beach; CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 3, 2014 Atom Engineering Construction, Inc. 40410 Vista Rd. Hemet, CA 92544 RE: 1 st Street Storm to Sewer Diversion — CC-1461 Enclosed please find your original bid bond for CC-1461. Sincerely, I Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) AToM En®ineeriny Construction, Inc. 40410 Vista Rd. Hemet, CA 92544. 2014i'AR 24 All 9� 5 I a ao C)-D Mc-', r1 . 1A u, 'N � I r )ra —�/--" 10%6v %ea ck SECTION C PROPOSAL for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling 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 10% Bid Bond in the amount of 10% Bid Bond 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 for 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable: Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature #1 3/19/14 Larrry Boyer, Secretary C-2 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions Ite Estimate In No. d QuantityUnit Bid Item Description Price Extended Amount 1 1 Mobilization Demobilization L.S. OD 2 1 Installation of sheeting, shoring, and bracing L.S. 15 SC)O' LIO 5'5w,w 3 1 Demolition of existing facilities L.S. to CO /0 4 1 Earthwork excavation, Dewatering, backfill, L.S. 25T- 5 2 Sanitary Sewer Manholes EA �'� qQr�DQ`An 6 200 Concrete Flatwork $ $ ICi.CyL noC.F. - C-3 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 7 1 L.S. Miscellaneous metalwork tf'qhn' DO yTyoo. a� 8 20 L.F. 3-inch and 4-inch PVC Pipe and appurtenances L y v 9 1 L. S. 4-inch ball valve and electric actuator assembly ap 5r3m, gd 10 1 EA Furnish and install 2-inch Parshall Flume a J 11 1 L.S. Labor, material, and equipment for electrical work o a00 n.an � 12 1 L.S. Installation of Instrumentation Equipment aOrIp. an Ob C-4 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 13 1 L.S. Protection of existing utilities ?_ ?� F)CO I as 14 1 L.S. Payment and performance bonds � Total Amount Bid in Figures: $ Total Amount Bid in Words: �� . ........................................... re4.:.......tJ._ ........ ....... C-5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Items) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 11,12 fb Rwe, cl�c��c• Orxtaz aA CA o_a5 ao i. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 3/21/14 , at Hemet , CA Date City State Larry Boyer , being first duly sworn, deposes and says that he or she is Secretary of AToM Engineering Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. AToM Engineering Construction, Inc. Name o idder Signature of Bidder Larry Boyer, Secretary 40410 Vista Rd., Hemet, CA. 92544 Address of Bidder C-7 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 1ST Street Storm to Sewer Diversion, CC 1487, (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. Date: 3/21 /14 C-8 AToM Engineering Construction, Inc. Contractor Larry Boyer, Secretary Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 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: 3/21 /14 C-10 AToM Engineering Construction, Inc. Contractor Larry Boyer, Secretary Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: AToM Engineering Construction, Inc. Bidder Name 40410 Vista Rd. Business Address Hemet, CA. 92544 City, State Zip (951 ) 766-2806 Telephone Number 962398 A & B State Contractor's License No. and Class 6/21 /11 Original Date Issued 6/30/15 Expiration Date The work site was inspected by Larr Boyer of our office on March 20 , 2014 . The following are persons, firms, and corporations having a principal interest in this proposal: Tamara Boyer, President Larr Boyer, Secretary C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. AToM Engineering Construction, Inc. ComnaiA Name Signature of Bidder Larry Boyer, Secretary Printed or Typed Signature Subscribed and sworn to before me this _ day of , 201_ NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer manholes, buried electrical conduit, concrete flat work, and instrumentation and control systems for sanitary sewer systems. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. See Attachment "A". 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency TERRA J. COX r Commission # 1892519 Votary Public - California `z C-12 Riverside County D Comm. Expires Jul 10, 2014 c State of California County of Riverside Subscribed and sworn to (or affirmed) before me this 21� day of March 2014 by Larry Boyer, proved to me on the basis of satisfactory evidence to be the p_erson(s) who appeared before me. Terra Cox, Notary Public AToM Engineering Construction, Inc. DATE OWNER/JOB 9/11-11/11 City of San Clemente 301 Acapulco Canyon Outlet Rehabilitation 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory Deist 9/11-2/12 South Orange County Community College District 302 Main Electrical Room Site Drainage 28000 Marguerite Pkwy. Mission Viejo, CA. 92692 949-261-5100 David McGlothlin (C.W. Driver) 11/11-5/12 Inland Empire Utilities Agency 303 IERCF Process Improvement Amendment Hopper 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Mark Peterson 1/12-7/12 City of San Clemente 304 Max Berg Plaza Park 910 Calle Negocio San Clemente, CA. 92673 949-361-6132 Gary Voborsky 2/12-2/13 Casitas Municipal Water Dist. 305 Fairview Pump Plant Electrical 1055 Ventura Ave. Oak View, CA. 93022 805-649-2251 Todd Evans 3/12-4/12 Orange County Parks 306 OC Shade Shelters 333 W. Santa Ana Blvd. Santa Ana, CA. 92701 Karen Chieng 949-585-6454 4/12-8/12 City of San Clemente 307 Toluca Storm Drain 910 Calle Negocio San Clemente, CA. 92673 949-361-6154 Gregory. Deist 6/12-1/13 Rancho California Water Dist. 308 Glen Oaks & De Anza PRV 42135 Winchester Rd. Temecula, CA. 92590 Heath McMahon 951-296-6900 TOTAL CONTRACT $ 56,697.32 $ 175,724.30 $ 285,728.12 $ 696,267.50 $ 104,398.00 $ 107,398.00 $ 21,503.00 $ 498,398.00 ATTACHMENT "A" 1 11/12-12/13 City of Glendora $ 689,398.00 309 Well 14 Pump House 116 E. Foothill Blvd. Glendora, CA. 91741 Jason Roehrborn 626-914-8253 9/12-1/13 Metropolitan Water District $ 98,398.00 310 Inland Feeder PC-1 Storage Tank Installation 700 N. Alameda St. Los Angeles, CA. 90012 Janice Richardson 213-217-6000 10/12-12/12 Indio Water Authority $ 50 398.00 311 Plant 3 Altitude Valve Retrofit 83101 Ave. 45 Indio, CA. 92201 David Merrell 760-625-1819 3/13-6/13 State of California $ 39,398.00 Dept. of Parks & Recreation 312 San Elijo Lifeguard Tower 4477 Pacific Hwy. San Diego, CA. 32110 Casey Wear 619-688-3336 3/13-5/13 Inland Empire Utilities Agency $ 29,398.00 313 IERCF Process Improvement Amendment Hopper 6075 Kimball Ave. Chino, CA. 91710 909-993-1600 Jeff Zeigenbein 5/13-6/13 City of Palm Desert $ 60,398.00 314 Left Turn Pocket 73510 Fred Waring Dr. Palm Desert, CA. 92260 Joel Montalvo 760-346-0611 5/13-8/13 Los Angeles Co. Sanitation Dist. $ 157,398.00 315 Puente Hills Liquids Handling 1955 Workman Mill Rd. Whittier, CA. 90601 5/13-6/13 City of Hermosa Beach $ 85,962.00 316 Protective Bollards at Pier Plaza 1315 Valley Dr. Hermosa Beach, CA. 90254 Chris McNary 714-920-6904 4/13-5/13 State of California $ 25,962.00 Dept. of Parks & Recreation 317 San Clemente Beach Paving 3030 Avenida del Presidente San Clemente, CA. 92672 Jennifer Tustison 949-366-4888 2 7/13-9/13 State of California - CALTRANS 318 Minor B Concrete Wingwall 1727 30th St. Sacramento, CA. 95816 Dianne Morris 916-227-6076 7/13-10/13 City of Rancho Cucamonga 319 Central Park Pavilion 10500 Civic Center Dr. Rancho Cucamonga, CA. 91.730 Karen Emery -McGuire 909-477-2740 7/13-8/13 Fallbrook Union High School District 320 Fallbrook HS Fencing 2234 S. Stage Coach Ln. Fallbrook, CA. 92028 Sheila Duncan 760-723-6332 8/13-11/13 Elsinore Valley MWD 321 Gafford Tank Erosion Repair 31315 Chaney St: Lake Elsinore, CA. 92530 Gayle Malone 951-674-3146 11/13-12-13 City of Riverside 322 North Park Pergola Restoration 3900 Main St. Riverside, CA. 92501 Chris Scully 951-826-5967 10/13-5/14 Southeastern California Conference 323 Pine Springs Ranch 11330 Pierce St. Riverside, CA. 92505 Fritz Wuttke 951-659-3173 1/14-2/14 City of Poway 324 Reservoir Safety Modifications 13325 Civic Center Dr. Poway, CA. 92064 Melody Rocco 858-668-4622 1/14-2/14 City of Fullerton 325 Altura Drive Storm Drain 303 W. Commonwealth Ave. Fullerton, CA. 92832 Kevin Kwak 714-738-6865 3/14-7/14 City of Oceanside 326 St. Maio Sewer Force Main 300 N. Coast Hwy. Oceanside, CA. 92054 Amy Czajkowski 760-518-6266 TOTAL $ 76,398.00 $ 217,398.00 $ 109,937.00 $ 175,398.00 $ 54,398.00 $ 75,000.00 $ 70,398.00 $ 85,962.00 $ 147,398.00 $ 4,195,111.24 3 AToM, Inc. DATE OWNER/JOB TOTAL CONTRACT 9/10-12/10 Metropolitan Water District 201 Rio Hondo Power Plant Seal Water Discharge $ 35,428.00 700 N. Alameda Ave. Los Angeles, CA. 90012 213-217-6000 Harout Kassabian 10/10-3/11 City of Norco 202 Auger/Grinder Wastewater System $ 281,095.00 2870 Clark Ave. Norco, CA. 92860 951-735-3900 Bill Thompson. 11/10-12/10 Orange County Sanitation District $ 4,289.00 203 Plant 2 Ocean Outfall Seal Repairs 10844 Ellis Ave. Fountain Valley, CA. 92708 714-720-6967 Markopolo Valasco 11/10-2/11 City of Seal Beach $ 65,359.00 204 Firestation 48 Fuel Island Cover 211 8th St. Seal Beach, CA. 90740 562-431-2527 Michael Hoe 12/10-4/11 Olivenhain Municipal Water District $ 72,573.00 205 Septage Dump Station & Catwalk at 4S WWTF 1966 Olivenhain Rd. Encinitas, CA. 92024 760-753-6466 George Briest 1/11-2/11 City of Moreno Valley $ 13,979.00 206 Sunnymead Blvd. Intersection Enhancements 14177 Frederick St. Moreno Valley, CA. 92552 951-413-3135 Chris Wiberg 1/11-4/11 City of Huntington Beach $ 121,979.00 207 Gen Set Replacement 2000 Main St. Huntington Beach, CA. 92648 Jay Kleinheinz 714-536-5431 2/11-12/11 LA County Sanitation District $ 259,155.00 208 Puente Hills Landfill Irrigation 2011 1955 Workman Mill Rd. Whittier, CA. 90601 Kurt Greeb 562-908-4288 ATTACHMENT "A" 3/11-5/11 Riverside County Redevelopment Agency $ 209 Mission Blvd. Improvement Median Electrical Infrastructure P.O. Box 1180 Riverside, CA. 92502 Rizaldy Baluyot 951-232-9268 3/11-10/11 Riverside Community College $ 210 Quad Basement Remodel 1533 Spruce St. Riverside, CA. 92507 Dale Adams 951-222-8680 4/11-7/11 Inland Empire Utilities Agency $ 211 RP-1 Equalization Basin Pond Repairs 6075 Kimball Ave. Chino, CA. 91710 Adham Almasari 909-993-1600 4/11-6/11 City of Laguna Woods $ 212 City Centre Park 24264 El Toro Rd. Laguna Woods, CA. 92637 . Dennis Nelson 949-289-3741 112, 350.00 244, 979.00 271, 979.00 341, 040.50 $ 1,824,205.50 AToM Engineering Construction 8/09-2/10 County of Orange 101 Yorba Park Group Shelter #4 333 W. Santa Ana Blvd. Santa Ana, CA. 92701 714-227-3992 Frank Cristaldi 9/09-10/09 City of Irwindale 102 Storm Drain Catch Basin Inserts 5050 N. Irwindale Ave. Irwindale, CA. 91706 626-430-2200 Edgar Rojas . 9/09-5/10 Metropolitan Water District 103 CUF Shade Structure 700 N. Alameda Ave. Los Angeles, CA. 90012 213-217-6000 Dave Farmer 10/09-3/10 Orange County Sanitation District 105 Digester 7,8 & 10 Stair repairs 10844 Ellis Ave. Fountain Valley, CA. 92708 714-720-6967 Markopolo Valasco 10/09-10/09 Hemet Adventist Christian School 106 Front Entrance Landscape 26312 Hemet St. Hemet, CA. 92544 951-927-3972 Gary Brown 10/09-2/10 Metropolitan Water District 107 Coyote Creek Seat water discharge 700 N. Alameda Ave. Los Angeles, CA. 90012 213-217-6000 Everett Mundkowski 10/09-5/10 City of Manhattan Beach 108 City Yard Fuel Island Cover 1400 Highland Ave. Manhattan Beach, CA. 90266 310-802-5000 Ish Madrano 10/09-10/09 Pine Springs Ranch 109 PSR Fence 58000 Apple Canyon Rd. Mountain Center, CA. 92561 951-659-4131 Fritz Wutke $ 105,979.00 $ 39, 374.00 $ 35, 979.00 $ 44,935.00 $ 1,000.00 $ 33,935.00 $ 93,729.93 $ 4,485.00 ATTACHMENT "A" t 3/10-5/10 City of La Palma $ 80,772.00 110 Community Center Remodel 7822 Walker St. La Palma, CA. 90623 714-690-3300 Jeff Moneda 11/09-2/10 Chino Valley Unified School District $ 182,503.40 111 Irrigation at various sites 5130 Riverside Dr. Chino, CA. 91710 909-628-1201 Martin Silveria 12/09-3/10 Orange County Sanitation District $ 59,114.00 114 Plant 2 Ocean Outfall Bulkheads Repair 10844 Ellis Ave. Fountain Valley, CA. 92708 714-720-6967 Markopolo Valasco 12/09-7/10 Joshua Basin Water District $ 510,441.44 115 E1,D2 Booster Pump Station Replacement 61750 Chollita Rd. Joshua Tree, CA. 92252 760-366-8438 Randy Little 2/10-2/10 Chino Valley Unified School District $ 14,500.00 116 Chino hills High Scoreboard 5130 Riverside Dr. Chino, CA. 91710 909-628-1201 Martin Silveria 3/10-4/10 City of Laguna Beach $ 41,444.53 117 Bon Drive Terrace Drain 505 Forest Ave. Laguna Beach, CA. 92651 949-497-3311 Lisa Penna 3/10-4/10 Palm Springs Unified School District $ 71,514.26 118 Two Bunch.Elem Wind Screens & Site Work 980 E. Tahquitz Canyon Palm Springs, CA. 92262 760-416-6126 Joel Sorenson 3/10-5/10 OC Waste & Recycling $ 65,312.58 .119 HB Hazardous Waste Recycle Site Work 300 N. Flower St. Santa Ana, CA. 92703 714-834-4000 Jared Kemp 3/10-4/10 City of Palm Springs $ 39,010.20 120. PS Stadium Re -Roof 3200 E. Tahquitz Canyon, CA. 92262 Michael Mott 760-323-8255 3/10-4/10 Palm Springs Unified School District 121 Cathedral City High Roll up Doors 980 E. Tahquitz.Canyon Palm Springs, CA. 92262 760-416-6126 Joel Sorenson 4/10-11/10 Cityof Carlsbad 124 La Costa Ave Sub Drains 1200 Carlsbad Village Dr. Carlsbad, CA.-92008 760-434-2830 Constantine Avalos 4/10-11/10 County of Riverside Parks & Recreation 125 San Timoteo Schoolhouse Improvements 4080 Lemon St. Riverside, CA. 92501 951-955-1000 Steve Lech 4/10-7/10 City of Manhattan Beach 126 Strand & Live Oak Erosion Control 1400 Highland Ave. Manhattan Beach, CA. 90266 310-802-5000 Ish Madrano 5/10-6/10 Housing Authority of Riverside County 127 Aladdin Apartments Landscaping 5555 Arlington Ave. Riverside, CA. 92504 951-351-0700 Anita Rhodes 6/10-9/10 City of Temecula 132 Road & Storm Drain Damage, 43200 Business Park Dr. Temecula, CA. 92590 951-694-6444 John Salazar 6/10-12/10 Cityof Carrsbad 133 Calle Barcelona Ped Bridge Repair & Veneer 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 760-434-2830 6/10-7/10 Carlsbad Unified School District 134 Carlsbad High Baseball Scoreboard 6225 El Camino Real Carlsbad, CA. 92009 760-331-5000 Deon Harrington Fj 27,935.00 158, 969.43 348,214.14 99, 339.82 83,647.20 $ 45, 359.00 $ 12.1, 979.00 $ 64,928.00 $ 2,374,400.93 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-13 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. Terrah Cox 951-766-2806 Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work See Attachment "A" and "B". Date Completed Date Completed Date Completed 2. Larry Boyer 951-766-2806 See attachment "A" and "B". Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-1 4 Date Completed Date Completed Date Completed Attachment "B" ATOM ENGINEERING CONSTRUCTION, INC. 40410 VISTA RD., HEMET CA 92544 OFFICE (951)766.2806 FAx (951)658.4937 ESTIMATING@ATOMENGCONST.COM STATEMENT OF EXPERIENCE Larry Boyer, Superintendent: Education: BA Business Administration La Sierra University, 1995 Current president of AToM Engineering Construction, Inc., Larry Boyer started as a laborer in 1982 and progressed to a Union Carpenter for 9-1/2 years before becoming a Superintendant for Mitchell Pacific Construction in the late 1990's. Larry successfully completed over $33 million dollars worth of work for DenBoer Engineering Construction during his 12 years there. For the past 2-1/2 years he has successfully completed over 50+ jobs for three of his own companies, ATom Engineering Construction, Inc., AToM, Inc. and AToM Engineering Construction. Terrah Cox, Project Management: 9 years of construction administration experience in the Public Works industry. 2005 to 2010 with Genesis Construction as an Estimating Assistant and 2010 to present for AToM Engineering Construction, Inc. as a Project Manager. Mrty utual. The Ohio Casualty Insurance Company BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, ATOM ENGINEERING CONSTRUCTION, INC. of 40410 VISTA ROAD, HEMET CALIFORNIA, 92544 (hereinafter called the Principal) as Principal, and The Ohio Casualty Insurance Company , with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH of .2000 MAIN ST., HUNTINGTON BEACH, CA 92648 (hereinafter called the Obligec) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars $ 10% OF AMT. BID lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanyingbid'dated MARCH 24, 2014 for 1ST STREET STORM TO SEWER DIVERSION CC 1461 NOW, THEREFORE, if the Obligec shall make any award according to. the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date 6f said award; or if the Principal shall, in the case of failure so to do,.indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: otherwise to remain in full force and virtue. Signed, sealed and dated: MARCH 19, 2014 ATOM ENGINEERING CONSTRUCTION, INC. (Principal) M. S-137-Rev. i • • • rr 19 "ICTIT, ` State of California County of Riverside On March 21, 2014 before me, Terra Cox, Notary Public Date Here Insert Name and Title of the Officer personally appeared Larry Boyer Name(s) of Signer(s) TERRA J. IOX Commission # 1892519 z ; -� Notary Public - California z z ' Riverside County D My Comm. Expires Jul 10, 2014 who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) is/afe-subscribed to the within instrument and acknowledged to me that he/sh@Ahey-executed the same in his/ht eW-authorized capacity(ies�, and that by his/herAheiFsignature(s}-on the instrument the person(s)-or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici�l,�seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 3/19/14 Signer(s) Other Than Named Above: Michael D. Stong Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Larry Boyer Signer's Name: ❑ Individual ❑ Individual ® Corporate Officer — Title(s): Secretary ❑ Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact . • ❑ Attorney in Fact - ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ILI y .. :�r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On }J 1 C1Pq before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person,Wwhose name(j?�is/are• subscribed to the within instrument and acknowledged to me that he/she4ey executed the same in his/hen4he4r authorized capacity(i=s and that by his/he4Uoir signatures jon the instrument the personX, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NAPPI 53 COMM. #1977782 a cc IX NOTARY PUBLIC . CALIFORNIA RIVERSIDE COUNTY (Notary Seal) MY Comm Expires June 7, 2016 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must .contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is tf a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a ttatary in California ri.e. certifying the authori_ed capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural. forms by crossing off incorrect forms (i.e. #he/she/lhe)- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ■ The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. ■ Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, number of pages and dale. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com THIS.POWER OF ATTORNEY. -IS NOT VALID .UNLESS IT IS PRINTED. ON RED BACKGROUND: This Powerof Attorney limits the acts of.those named herein and they have no authority to bind the Company except in the manner and to the extent herein stated; Certificate No. 6331319 - - American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company.. " WestAmerican-Insurance Company- - ...POWER OF -ATTORNEY";; KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Companyand The Ohio Casualty Insurance Company are corporations duly organized under the laws -of the State of New Ham _shire, that Libe Mutual Insurance Company is -a co oration duly organized under the laws of the State of Massachusetts, and. West Amencan:lnsurance Com an P riY... P Y rP Y rg. P Y is a corporation duly organized uniier.the laws of the State of Indiana (herein collectivelycalled the "Companies°), pursuant to and by authority herein set forth, does hereby name;"constitute and appoint;. _Jeremy Pendergast: Michael D:.Ston% Rosemary Nappl so : all of the city of Riverside state of CA- each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute;: seal -acknowledge and deliver, for and on its behalf as surety and as ifs act and deed, -,any and all undertakings, bonds1., recognizances and other surety obllgatlons, in pursuance of these_presents and shall: tie as binding upon the.Companies as if they tiave been duly signed by the president and attested by the,"secretary of the Companies.in their ownproper persons;: _ _..:.. IN WITNESS WHEREOF, this Power of Attorney has been suoscribed by an authorized officeror official:of the Companies and the corporate seals of the Com anise have.lieenaffixed" thereto this : 2sth =.. 'day -of October 2013 _. a::: �._•,: .- :.::. ,�': , <:;:.,• ::. _. ..:.,:..:,:. � ,.. American Fire and.Cesualfy Compariy� :.:', s. ' •. The Ohio"Casualt Insurance'Com an y Libert Mutual.Insurance Com an = ayi ;i-?, • _ = West American Insurance Companyrn, t\'r / a. ®J. `• ` � �'� .may•_ /.�. -� QY -' -- " By. ' Gregory VV,-Davnport, Assistant Secetary" :C -. -C "STATE OF WASHINGTON ss = _ er _ _ - ��:�: -COUNTY OF KING .._ :. - . ,. _.,._ . .. -e, "On.this' 28th - day of October - - 2013 before me ersonall appeared Gre o W. Daven ort, who acknowled ed himself to be the Assistant Secrets of American - , - - personally PP g. ry" P 9 ry -v H ucn& Fire and Casualty.Company, Liberty Mutual. Insurance -Company, -The Ohio Casualty Company, and WestAmerican Insurance Company,:and that he, as"such,:being authorized.so to-do,: tn; p=�, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, -I have hereunto subscribed my name and affixed my notarial seal-at.Seafte, Washington on the dayand year first above written .: _ : Q.! N �' • f .' By.. I` �� VA 0 O.i_ y, Not , ;Public L KD'Rile d C4 Qu o01 - O %: =This Power of Attorney is made and executed urs n and - - c. L y e p ua t to a by authority of the following By-laws and Authoriiations ofAmerican Fire and -Casualty Company; The Ohio Casualty Insurance :y o �I Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which. resolutions are now in full foree`and effect reading:as follows:._ " - - = t e ARTICLE IV- OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose m writing by the Chairman or the President, and subject p ' W d -to such limitation -as -the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to. act in behalf of the Corporation to,make; execute, seal; >;_o L - - - -." - .. .. - _ - _ .. �..� p. _ _ -acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety obligations., Such attorneys=in-facf, sutijecfto.the li mutations set forth in their.respective ''- - .a powers:of:attorney, shall have full,power to bind the Corporation by their signature and execution of any such instruments and to _attach.thereto the'seal of the Corporation. •When'so - executed, such instruments shalt be as binding as if signed by the Presidentand attested to by -the Secretary. Any power or authority granted to any representative :or attorney -in -fact under .3,42, O to .. the provisions of this article may be revoked at any time by the'Board, the Chairman; the President or by the officer"or officers granting such power or authority. ARTICLE XIII - Execution of.Contracts -SECTION 5 Surety Bonds and Undertakings Any.officer of the Company authorized for that purpose in writing by chairman or-"the"president,- `� CO ._.L' ,and subject to such limitations as the chairman or the president prescribe, shall appoint such attorneys -in -fact; as may be._necessery to act ih behalf of the Company to make,"execute - M seal; acknowledge and deliver as surety, an add all undeitakings,":bonds, recognizances and other surety obligations.-: Such attorneys -in -fact subject to the limitations set forih:in their; : Qo' Z"_ 0 respective powers of attorney, shall have full power -to bind the Company by their signature�and execution of any such instalments an 'to attacfi.thereto the seal of the Company.: When -so ,O_o c 'executed such instruments shall be as binding as if signed'bythe, president and attested by the secretary.. - v ,Certificate of Designation =The Presidentof the Company, acting -pursuant the Bylaws'ofthe Company, authonzesGregoryW. D'avenport Assistant Secretary to appoint such attorneys in -fact as: may be necessary to act on behalf of the Company to make, -execute; seal acknowledge and deliver as surety any and all' undertakings bonds, recognizances and other surety obligatiors. - Authorization - By unanimous consent of the Companys Board ofDirectors,.the Company consents thatfacsimile or mechanical) reproduced si nature of anyassistant siecretaryofiJhe Company;.whereverappearing upon a certified.copy of any power of attorney issued by the Company in connection with surety bonds, shall.be valid and binding _upori.the Company with ~_ the same force and effect as though, manuallyaffxed - _, - - - -_ I;. David M: Garey, the undersigned, Assistant Secretary; of -American Fire and' Casualty Company,:The Ohio Casualty,Insurance _Company;"Ciberry.Mutualansureijce "and -West American'InsuranceCompanydoheretiycertifythattheonginalpowerofattorneyofvvhichtheforegoing.isafull,frueandcorrectcopyofthePowe_r.ofAttorneyexecutedby. a Companies =_ = is in full force and effect and has not been revoked:: /y IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ` day of `l.L 20 %� ma's' " � � i� � � ~ l` " . � _ i•"�,`�^ ,\ { 1 ��� David M. Carey Assisfant Secretary` - - 193 of.500.... -..: LMS_12873 092012 i City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 3, 2014 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, CA 91765 RE: 1st Street Storm to Sewer Diversion— CC-1461 Enclosed please find your original bid bond for CC-1461. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536.5227 ) HUMPHREY CONSTRUCTORS 21314 HIDEOUT DR DIAMOND BAR, CA 91765 CI 1p _ � C,�-f Q� n Act ,'� r, it / �-t '01- �A to � 2014 i1i,Z 24 A 9: 07 f a !^I ' T ? SECTION C PROPOSAL for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all 'ether contract documents. If this proposal is accepted for award, BIDDER agrees to enter intd. a contract with AGENCY' at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanyin &.- 0/ ,g this proposal of bid, find etin the amount a( of 0 "' which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: F41 D"' R"--- 'd' ate eceive 1 1 5", , Signaturi„*—'-n 3 C-2 . r t CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions Ite m No. Estimate d QuantityUnit Bid Item Description Price Extended Amount 1 1 Mobilization Demobilization L.S. �-i,�n o l qa a v 2 1 Installation of sheeting, shoring, and bracing L.S. 3t0 66 3660 3 1 Demolition of existing facilities L.S. >� I, ).bb 4 1 Earthwork excavation, Dewatering, backfill, L.S. g 2 Sanitary Sewer Manholes EA �3i pUO y6� �&d 6 200 Concrete Flatwork C.F. 1� 3666 C-3 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 7 1 Miscellaneous metalwork L.S. 500 .500 g 20 3-inch and 4-inch PVC Pipe and appurtenances L.F. 25'0 5, Gib 9 1 4-inch ball valve and electric actuator assembly L.S. 10 1 Furnish and install 2-inch Parshall Flume EA 20ov 200o 11 1 Labor, material, and equipment for electrical work L.S. 3, 12 1 Installation of Instrumentation Equipment L.S. sl, Ov0 C-4 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 13 1 L. S. Protection of existing utilities coo 14 1 1 1 Payment and performance bonds L.S. y; nod 14 ova Total Amount Bid in Figures: $ 1 q q /LID Total Amount Bid in Words: Oot q- �.h vwzPJ S C-5 T LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. 0 id Item(s) Name and Address of S ib`contractor"' ` -..; ,.•-.., State License Class ,,Amount Dollar %'"of a Contract" [t -�� p�'q u,C, P a or /c, z�s�3 rLJ z51 � t1 Del�6 r•ao 061�j' By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing i true and correct and that this declaration is executed on at Date City State fif being first my sworn, de oses and says that he or she is F� 1of y Y VP,-4 f " the party making the foregoing bid that the bid is not made ifi'the(Knterq4ti 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. co Name Bidde I,-,- ) %.,-/i / Signature of Bidder Address of Bidder C-7 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 1ST Street Storm to Sewer Diversion, CC 1487, (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. Date: 7 — �X / , / C-8 Contract r 7 Title T DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 1�o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 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: 3— C-10 .V1R1 A�Wl i Title )/'-fv 6-g4--�r4c-'-fv;-r BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: t 6.1. "arc/c o r ;r Nag Po ti Ul , Business 40 / I A4r c4f 9/ �S City, State Zip Telephone Number I/P",/ 5 S�-- State Contractor's License No. and Class l 6?- ?-o -;;?-oo 5 Original Date Issued 10- 3l Expiration Date The work site was inspected by `7 0,e -5�- Gh'Lof our office on '� , 201Y The following are persons, firms, and corporations having a principal interest in this proposal: / C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. H Compan a e Signature of Bidder Printed or Typed Signatur Subscribed and sworn to before me this day of , 201_ NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer manholes, buried electrical conduit, concrete flat work, and instrumentation and .control systems for sanitary sewer systems. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Ole45C iPP a�t,�PW /l -,S Name and Address of Public Agency 2. Name and Telephone No. of Project Manager: Contract Amount Type of Work Provide additional project description to show similar work: Name and Address of Public Agency C-12 Date Completed �' �f<�:.,, � ��'�� rm: State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 21th day of MARCH , 20 14 , by RICHARD HUMPHREY , proved to me on the basis of satisfactory evidence to be the personk6who appeared before me. J IRIS KIM 04 COMM. #2016740 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY N W Comm. Expires MAR. 31, 2017 . (Seal) Signature tAiN 't;l SYi...wr...q.rn ,�.�w•anSi.f.-•/Sd... r�.rC ...�� d5ra..+�i.. ...tw Q• ��•+ 1'ithga,;� iA•. �i;H'•'t Sirr 1 isr ?3 ..•s �� rr • � _ vz.�;,��.; �•�� ��� ,;:� �:�.. �' �•�� ,Ira S KIM , M16740 ILIC - CALIFORNIA N KES COUNTY N )W" MAR. 31, 2017 a Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-13 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. C4arC/1 Name of proposed Project Manager q Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work 2. 7n e Name of proposed Superintendent Date Completed Date Completed Date Completed Telephone No. of proposed Superintendent: Clog / !9 3 .j — 1,� /;'5— $',pe 4 � - 9C X 's Y q Kc Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work -PYv "& - --, f, Date Completed Date Completed Project Name & Contract Amount Type of Work Date Completed C-14 Humphrey Constructors Completed Projects Title: Sodium Hypochlorite Tank Replacement Description: Replace 31,000 gallon fiberglass tank Contract Amount: 151,000.00 Owner: West Basin Municipal Water District 17140 S. Avalon Blvd Suite 210 Carson, CA 90746 Contact: Susanna Li 310-660-6238 Year Completed: 2014 Title: Forest Shade Lift Station Modifications Description: Replace lift station pumps Contract Amount: 80,000.00 Owner: Crestline Sanitation District PO Box 3395 Crestline, CA 92325-3395 Contact: Mark Pattison 909-338-1751 Year Completed: 2013 Title: Puente Hills Landfill Gas Collection System - 2012 Description: Methane gas collection trenches and headers Contract Amount: 1,800,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2013 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Bus Shelters, Benches, and Trash Receptacles Project No. 216-6845 Description: Install bus shelters, benches, and trash receptacles Contract Amount: 412,000.00 Owner: City of Pomona PO Box 660 Pomona, CA 91769 Contact: Richard Dimalanta 909-322-5912 Year Completed: 2012 Title: Puente Hills Landfill Gas Collection System Dewatering Description: Methane gas collection headers and leachate well pumps Contract Amount: 500,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2012 Title: Scholl Canyon Landfill Gas Collection System - 2012 Description: Methane gas collection trenches and headers Contract Amount: 1,100,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Jubilant Ako 626-962-8605 ext. 6214 Year Completed: 2012 Title: Puente Hills Landfill Gas Collection System - 2011 Description: Methane gas collection trenches and headers Contract Amount: 1,500,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2012 Title: Calabasas Landfill Gas Collection System - 2010 Description: Methane gas collection trenches and headers Contract Amount: 310,000.00 Owner: Los Angeles County Sanitation District PO Box 4998 Whittier, CA 90607 Contact: Kurt Greeb 310-710-1663 Year Completed: 2011 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Destruct Five Lift Stations Description: Demolition of sewage lift stations Contract Amount: 70,000.00 Owner: City of Ontario 1425 S. Bon View Ave Ontario, CA 91761 Contact: Andy Marquez 909-395-2683 Year Completed: 2011 Title: Barstow Landfill Gas Collection System Description: Install 47 wells, 5000 LF of 8" header, condensate sumps Contract Amount: 550,000.00 Owner: County of San Bernardino 825 East Third Street San Bernardino, CA 92415 Contact: Mike Murphy 909-653-5166 Year Completed: 2010 Title: SD 12 and SD 13 Storm Drain Pollution Trap Nets Description. Install trash netting system at two storm drain pump stations Contract Amount: 650,000.00 Owner: City of Long Beach 333 West Ocean Blvd Long Beach, CA 90802 Contact: Robert Solis 562-762-9943 Year Completed: 2010 Title: Century Dam Retrofit Description: Replace valves, install ladder and install aluminum walkways Contract Amount: 168,000.00 Owner: State of California, Dept of Parks and Recreation 1925 Las Virgenes Road Calabasas, CA 91302 Contact: Oscar Rodriquez 310-699-1719 Year Completed: 2010 Title: Lane Road Landfill Gas Collection System Description: Install 22 wells, piping, and blowers and for methane gas collection Contract Amount: 650,000.00 Owner: County of Orange 320 N. Flower Street Santa Ana, CA 92703 Contact: Tanya Gordin 949-728-3057 Year Completed: 2010 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Heaps Peak Gas Collection System Description: Install piping, and condensate tank for methane gas collection Contract Amount: 300,000.00 Owner: County of San Bernardino 825 East Third Street San Bernardino, CA 92415 Contact: Mike Murphy 909-653-5166 Year Completed: 2009 Title: San Joaquin Landfill Gas Collection System Description: Install wells, piping, and blowers for methane gas collection Contract Amount: 450,000.00 Owner: County of Orange 320 N. Flower Street Santa Ana, CA 92703 Contact: Tanya Gordin 949-728-3057 Year Completed: 2009 Title: Compton Creek Pump Station Upgrades Description: Replace engine controls Contract Amount: 444,444.00 Owner: County of Los Angeles Department of Public Works PO Box 1460 Alhambra, CA 91802-1460 Contact: Brian Mossberg 626-607-7586 Year Completed: 2009 Title: Lift Station No 6 Replacement Description: Rebuild fire damaged sewage lift station, install generator Contract Amount: 438,000.00 Owner: Running Springs Water District PO Box 2206 Running Springs, CA 92382 Contact: Brian Thomas 909-890-1255 Year Completed: 2009 Title: Green River Meter Upsizing Description: Install flow meter and 30" diameter pipe spools Contract Amount: 80,000.00 Owner: Orange County Sanitation District PO Box 8127 Fountain Valley, CA 92728-81127 Contact: John Falkenstein 714-713-6159 Year Completed: 2008 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Warner Basin Irrigation Pump House Description: Rebuild pump house and water truck fill station Contract Amount: 129,650.00 Owner: Orange County Water District PO Box 8300 Fountain Valley, CA 92728-8300 Contact: Chris Olsen 714-378-3232 Year Completed: 2008 Title: U1 System Description: Install pressure reducing station and a new water tank Contract Amount: 173,000.00 Owner: Western Municipal Water District PO Box 5286 Riverside, CA 92517-5286 Contact: Randy Toepher 951-789-5067 Year Completed: 2008 Title: Transit Amenities Program Description: Install bus shelters and benches Contract Amount: 820,000.00 Owner: City of Palmdale 38250 Sierra Highway Palmdale, CA 93550 Contact: Mike Livingston 661-267-5312 Year Completed: 2008 Title: Plant 1 Scrubbers 5-8 Cross Drain Addition Description: Installation of drains at process equipment Contract Amount: 20,000.00 Owner: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Contact: Victorio Pilko 714-593-7189 Year Completed: 2007 Title: Wilderness Park Storm Repairs Description: Construction of retaining wall Contract Amount: 36,780.00 Owner: City of Arcadia PO Box 60021 Arcadia, CA 91066-6021 Contact: Mark Rynkiewicz 626-359-7028 Year Completed: 2007 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us Title: Xalapa Park Renovation Project Description: Installation of bridge over creek Contract Amount: 105,550.00 Owner: City of Covina 1250 N. Hollenbeck Dr Covina, CA 91722 Contact: Robert Staples 818-388-0564 Year Completed: 2007 Title: Wood Barricade Retrofit Description: Replacement of wooded barricades Contract Amount: 77,000.00 Owner: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Contact: Ernie Ruiz 909-773-2637 Year Completed: 2007 Title: 17th Street Booster Station Site Improvements Description: Construction of precast wall and landscaping Contract Amount: 110,000.00 Owner: City of Upland 460 N. Euclid Upland, CA 91786 Contact: Eddie Rhee 909-291-2973 Year Completed: 2007 Title: Boone Ave Low Flow Diversion Description: Install pumping system and storm drain piping Contract Amount: 175,000.00 Owner: County of Los Angeles Department of Public Works PO Box 1460 Alhambra, CA 91802-1460 Contact: Brian Mossberg 626-607-7586 Year Completed: 2007 Title: Sewage Lift Station No. 11 Description: Sewage lift station pumps and controls, manhole rehabilitation Contract Amount: 230,000.00 Owner: City of Big Bear Lake PO Box 1000 Big Bear Lake, CA 92315-8900 Contact: Harry Babbitt 909-522-2760 Year Completed: 2007 Humphrey Constructors 21314 Hideout Dr. Diamond Bar, Ca 91765 Phone 909-635-5945 Fax 909-594-0414 email rich@hcon.us BID BOND KNOW ALL BY THESE PRESENTS, That we, Humphrey Constructors, Inc. of 21314 Hideout Drive, Diamond Bar, CA 91765 (hereinafter called the Principal), as Principal, and The Ohio Casualty Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of the Total Amount Bid Dollars( 10% for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for construction of 1st Street Storm to Sewer Diversion, CC 1461 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 20th day of March 2014 Humphrey Constructors, Inc. (Seal) n Principal Title The Ohio Casualty Insurance Company By ZAffr4cry R. Gfyd6, Attorney -in -Fact Ili IN80, LjJ �,ORPOR4 `9'L Q2 Fad O z 91 9 O LMS-10053 10199 . -... ... -- -1 - , HIS.POWER OF.ATTORNEYAS..NOT VALID UNLESS IT"IS PRINTED ON RED BACKGROUND. - - This Power of Attorney limits the acts of those named harem, and -they have no authority to bind the Company except in the manner and to the extent herein staled - _ _ - , ..; _ - „-,,, _ - -' . , • - " - - „ _'-.: Amencan Fire and:Casualt Company Liberty Mutual Insurance Company.:.:: - _. `..` _ Certificate No 634762e =' The Ohio Casualt� Insurance Coin an West American Insurance Com an Y - P_- Y... P . __ AWE �- : -. . PO " R OF ATTORNEY .: KNOWN ALL PERSONS BY THESE.PRESENTS: That Amencan Fire & Casuafty:Companyand The Ohio Casualty Insurance Company are corporations duly, organized"under-the laws of the.State of_New Hampshire; that t iberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized underthe laws of the State of Indiana (harem collectiGely called the °Conipames"); pursuant to and by authorty herein set forth; does hereby name, c... ute _ - - and;appoint, 'Jeffrey R "GrYde - - _ _ all of the city of Lacuna Niguel .'state of. CA each individually,rf tliere be more than one named; ds'true and lawful"attomey-in=fact to make, execute;_seal acknowledge , . and deliver, fo(and on its behalf as surety and as its act and deed,,-any"and all undertakings; bonds; 4recognizance., and other .0 _ obliga. ions„in pursuance of.these presents and shall be as.binding upon the Compares as; if they nave'been dulysrgned,by the president and attested by the"secretary of the, Companies in their, own proper, persons - IN WITNESS WHEREOF this�Power of Attorney has been subscnbed by an authorized,officer orofficial of the Companies,end the corporate seals ofthe-Companies have been affixed" thereto this 12tn day -of' November 2o1s _ _ : - - - " ::' - _ _ - ,, e _ ' ; •< Amencan Fire.and Casualty'Company _ ._ 2-�" \�^ x `'?'va', ,;,- - ,..:<;.:; The Ohio Casualfy.InsurariceCompany < VN <i \ 61 ?: '' ... Liberty Mutual Insurance Company m i 1i)tr" 111 }ii. _IC C t' g ?, r; g WestAmerican Insurance Company > r - N +-° � . . Gregory W. Davenport, Assistant Secretary C „ ..0 .STATE OF WASHINGTON : `ss._ _ . = :; ` to _:M :C_OUNTY OF KING.-- -;_ "� - 12th `__ of November k'13' fore`me ersonall a eared Gre o W Daven ott, who acknowled ed himself, to be the Assistant 8ecreta of Amencan- -m" m. Onthis _ be P Y PP g" ry P 9 ry _ _ _v I- L.. Y c1. Fire"and Casualty Company, Liberty Mutual Insurance Company -:The; Ohio-_CasualtyCompany, and West American Insurance Company and I at'he;:as,silch, being authorized "so to:do `>cn `~, =. execute the.foregoing instrument for the'purposes therein contained by signing on behalf ofthe corporations by himseff as a duly authorized offices . :.,..=` = = =a)`o O _M - - _ - - _ : -: \: _ .r �. " ... IN WITNESS.WHEREOF, I_have tie reuntosubscnbed myname'and affixed my notarial"seal at Seattle, -Washington, on the day and year first a6ove.written:=-.".::: :".:"`p: Q l)�0' - ` Q M _0 is F, �i/ . -_: ' ' p:-e _. _;— By N to :_ :: -- La. =: = KD Riley ; Not Public arC O a, - - ,. - - ra _..ta This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and'Authodzations ofAmencan Fire and Casualty Company, The Ohio_Casualty Insurance :"vt- i-a L Company, Liberty_Mutual Insurance Company .and, WestAmencan Insurance Company which resolutions are now in full force and effect reading as follows: ­o aN .. _ -: .M :am- ARTICLE IV OFFICERS -=Section 'I Power oAttorney. Any officer or other.official of.the Corporation authorized for thatpurpose m writing by the Chairman or the President and subject' p'= ar to such limitation as the Ct%alrman_or the President mayprescnbe shaltappoint suchattomeys in=fact; as may be necessary_to act in behalf of.the-Coryoration,to make execute seal _,a p acknowledge and deliver as surety any and all undertakings; bonds recognizances and other suretyobligations:.Such attomeys m fact, subject to the limitations setforth in their respective �_ ?, E powers of attomey shall have -full power to -bind the Corporation bytheir signature and execution of. any such instruments:and to attach thereto the seal:of the Corporation When so: "'� _a L `% executed, such instruments shall be as binding as if signed by the President and attested to the Secretary Any,power�or.authonty granted t, any.represen'tative or aftomey-in-fact under- >; �C'R: _ - the -provisions of this article may be revoked at any time by the Board the Chairman, the -President or by the officer or officers granting such power or authority.' _ -d 4 = =>% _ _ N 'i_ c ARTICLE All - Execution o{Contracts - SECTION 5 Surety Bonds and"Undertakings: Any officer of the Corripany.authorized for that purpose in writing by the chairman or the"president;-- o0 >..d 'and subject to such_limitations asihe chairman or the. resident ma resenbe,•shall a oint such attome in -fact; as ma .be necesse to act in behalf of the Coin an to make, execute,. `, L I . Y P_ PP ys Y ry` P Y o0 p =' seal, acknowledge and deliver as surety anyand`all undertakings; bonds, recognizances and: other sun ty obligations. Such attorneys in -facts ....tto the:linritati . set forth in their =;oo Z`cr respective powers of attomey, shall have full power to bind the Company by their signature and execution of any.such-instniments and'to attach thereto the seal of the Company''When so::O o -executed sushi instruments shall be'as bmdrng`as if signed by the president and attested by the secretary _ _ _ n F_ Certificate of,Designation -.The Presidenfof the Company acting=:pursuant to the.Bylaws of the,Company:authorizes Gregory W Davenport; Assistant Secretary:to appoint such : attorneys -in -fact as maybe necessary-to'act:on behalf of,the Company to make; execute, seal acknowledge,and deliver as surety'any and alCundertakings; bonds, recognizances and - other surety obligations - - - - Authorization =.By unanimous consenfof_the,Companjis Board of Directors, the.Company consents that,facsimile ormechamcally.reproduced'signature of any assistant secretaryaof the . ' Company wherever appeanng upcin a certified copy of any.power ofiattomey-issued.by the Comoany:in connection with surety bonds, shall be;valid end binding upon the Company nth the same force and effect as though.manuahy:affixed _ " _ : - ~::. _ _ __ .. - - - . I, ,David M: Carey, the.undersigned; Assistant Secretary;:of AmericanFire:and:Casua ;Company;:The:OhioCasualty lnsu'rance Company, Litierty.Mutual:Insurance Company, and -Nest :=' American Insurance Company do hereby certify that the original power ofattomey of whrch'the foregoing is a full true and correct copy of the PowerofAttomey executed by Bard Companies-_- is in full fore and'effectand hasnottieen_revoked. __ ... - - - --. .. _. ., . IN TESTIMONY -WHEREOF, I,have here'unto,set:my band:and affixed the seals 6f said:Compa- this= z0th: ` :day of ` . March, LL . - :::,:20 is ='. ,.: -." : - - ,; •, Q @ Y$GA i - �. . z t.. - ' r t errata ' vi M. re Assi ant:S Da d Ca st ,.. Ni f :x Y �! .`.` _'`- 4' .. stir'- - -.4' - -- , , . - . -, . - '- .. _ - _ - . LMS_12873_o9262 _0 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On March 20, 2014 before me, P Zeis, Notary Public, personally appeared Jeffrey R. Gryde Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. a P% P. ZEIS _ COMM. #1974059 Z y V Notary Public - California CD Orange County .�' My Comm. Expires Apr. 29, 2016 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION( OF THE ATTACHED DOCUMENT (Title or descripdoon of uuaJwd d+tumeut j fl'itle or description of attached docu anent ccntinuetl) NumExr of Pagcs Document Datr (Additional rnfe)rtnatiom) CAPACITY CLAIMED BY THE SIGNER CI Individual (s) C Colgate OtTtcer {Title) L7 Partner(s) 9 Attorney -in -Fact ❑ Trustee(s) Q Wier INSTRUCTIONS FOR CONTLFTING THIS FORM( ,44v oekncittlkrignrPrrr completed in California muse comiain verbiage eractly a; 43ppe4rs a& a in the iforary serrion or :t ta;pal'f fe acicnawledgment foJ'nt muse 1V propene: completer{ Died arlached ro drat docunrcar. nw, oni-weprio), is if, q dorcumerrl is io be recorded ortrside GJ'C.dtforrria. In siwh instan ev°. 4nt' a;ternarire acinawledgsneni twhirage as muv be printed on weir a dcxttmeivr so long as tiro r•,ertlidge d{k's not reyrrire the noiarn• to do samerhing than Is Xeg;r1 j&j- u nurar in California 6.e- cerdi$-ing the awhori-MI cauaclty of the 5-tgner3- Please check the docurne a propel• naxaried wording and attach ihcstome if required. • State and County infannatiotn must be like: Slaty and County where the documew sisner(sl Nrw)nally aweared befot-- the notary public fcrr ackm w lertgment. • Date of natatiration most be the date that the signers) personally appeared which Must also he the .; tme dale the acknawlydgrnent is completed. • The notary public must print hi; or hor name as it appearswithin his Or her cornmiga L)n folk-44 by a comma and then your bile{rkrrary public)- • Print the tialne(s) of dieuramt signwls) Who persakatly� appear at the rinse of n0 r ratiOn. - • Indicatu IhL correct sing liar or plural fortis by cnnisinp off ittwrrcct fanns it+u'shclNtny,- is lane I or circling (lie ebeicttr funits, Failure to coat-ctly indicaw this information nxsy lead to rejection of ducurtvrnt recording_ • The notary seal impression mint be ckar and photugraphically reproducible bnpression tttust nix cover text err lines, if seal impression smudges, re•sraf if a sulrciatl area pronto, oUteax+ise cr mpletr a differerkr ac&nowledgme ni fonu. • Signature of the notary public most mrrtt:h the signature On file with the otTkce of the county elerlt. •'r ,Additional information is not rquited but could help to ensure this acknowledgment is not mismed or attached to a different document. Indicate lilk nt type ofattached document, nutnhero(pages and date. 0 Indicate the capacily claimed by the siglter. If the claimed capacity is a ctrrpsvrate officer, indicate the tele(i.e. CEO, CFO, Secretary). + S urely attach This document to the signed diftument City .of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 3, 2014 MMC, Inc. 5901 Fresca Dr. La Palma, CA 90623 RE: 15t Street Storm to Sewer Diversion — CC-1461 Enclosed please find your original bid bond for CC-1461. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) J 2014 l,rtn Sealed Gid S+ �re S+vrn-7 Set.L2e Y' J;Vegco r- , C C 146/ ,I-, rAt 'goo Mcun S� I�e w Y-d r* 0 -Y/ gvvl-H7 '�"- SECTION C PROPOSAL for the construction of 1" STREET STORM TO SEWER DIVERSION CC 1461 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bi dcfeks ' O in Ot in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: .9dderida N-o.' -WtV t, Received, ,,,�b� e- C-2 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions Ite Estimate m No. d QuantityUnit Bid Item Description Price Extended Amount 1 1 Mobilization Demobilization L.S. 1 , a fm 15, 0 00 2 1 Installation of sheeting, shoring, and bracing L.S. I'S,OOq IS,OOL 3 1 Demolition of existing facilities L.S. 00 5 0 0 4 1 Earthwork excavation, Dewatering, backfill, L.S. �5, ooD ,2-4 000 5 2 Sanitary Sewer Manholes EA 0(000 Di DOO 6 200 Concrete Flatwork C.F. 1T OO 10 C-3 01i CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 7 1 Miscellaneous metalwork L.S. 6.000 r7� f g 20 3-inch and 4-inch PVC Pipe and appurtenances L.F. 5, 000 5' 000 9 1 4-inch ball valve and electric actuator assembly L.S. ' p v 6 500 10 1 Furnish and install 2-inch Parshall Flume EA 0 0 11 1 Labor, material, and equipment for electrical work L.S. -2-61ODO 2S/y00 12 1 Installation of Instrumentation Equipment L.S. C-4 t CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 13 1 L.S. Protection of existing utilities 14,002 Z4r 000 14 1 1 1 Payment and performance bonds L.S. Z 1000 2-11 00 Total Amount Bid in Figures: $ 18 2 © ( ( Total Amount Bid in Words: 077 e At4U . AOo( -fZ._OU s C-5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. and'4dAes; ofSubcontraet ft �nLccense' lName Dolar =flmount .Contract„ t 19 1 L H&Lccd od 0J9&, t'`C (0 ss--, f l- 0t71X _C_' dFid 101:73 C—t 5-3,000 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the tate of Californi that the foregoing is true and correct and that this declaration is executed on 3 I , at (� WlA , CA ate City State �Gtgc S �leh�a, , being first duly sworn, deposes and says that he or she is Yes dPint of mme )"C the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Jac�at S • i4 4a - ;Mm c 1 nc- Nam of Bidder Signatur o ider Se?w Frecca'br - 4a PoIn4, Address of Bidder CA 17 06,23 C-7 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 1 ST Street Storm to Sewer Diversion, CC 1487, (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. Date: A 24114 C-8 MMC 1rG Contractor Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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? �s ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 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: 3j Zyl jLj C-10 MMC I Contractor By IDreSidenb- Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: MM c ►nC- Bidder Name 54D I Fresr, , 11r• Business Address �a Pai,�a Cry 4DK�23 City, State Zip (-I►Jr ) sai- 0*0,2-Z Telephone Number `156 IS r- A, A. C•/1 State Contractor's License No. and Class �!W Original D to Issued Expiration Date The work site was inspected by -T" of our office on ->i � 1 _, 2011�t The following are persons, firms, and corporations having a principal interest in this proposal: JoLoatS ekti - res� e -r»rnC Inc C-u 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. MW Inc - Company Name Signature of :!"at' S' VeAla Printed r Typed Signature Subscribed and sworn to before me this XJ day of M q rGk , 20114. NOTARY PUBLIC Bidder's Project History please see atfacher�LCa thn/d !1 cje4ww lagr opt NOTARY SEAL �/ For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer manholes, buried electrical conduit, concrete flat work, and instrumentation and control systems for sanitary sewer systems. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. S&OPA ' ►1615 Si r li q aue . Name and Address of Public A ncv E Name and Telephone No. of Project Manager: Ca /0S U U'r) k rD - g 51 ' 3 54.4 34 54$ t Amount Provide additional project descri3 T 4 Gp6r-s 4 reloca4-�. 4( of 16' Ne p%pe- D4//y Type of Work yDate Completed tion to show similar work: 1„ 2. C it -11 s• SI-,&S P?,ge4ej CAQ00137 Nan4e Ad Address k Public Agency rvd k-(- (Po-;rne) %f'I w Inc' csah) C-12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �1 On 2 I before me, S r0 rNpIFry Date Herer Insert Na a and Title oft V Officer personally appeared J ema t S . Mehl; I i Name(s) of Sicner(sl ALKA 8HAOff ConantssW N 2050113 Not Ky Pub k - California 16 Ormpe County r MV Comm. ExWes Dec 13 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 4(V& SO Place Notary Seal and/or Stamp Above p� Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ Trustee ❑ General Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2008 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Name and Telephone No. of Project Manager: Arask -864 — q 3. OUIi rJr,4PiAsOurJ UWIdiP.S. OF,1.20/ 3 Contract of Work Date Completed Provide additional project description /y'to show similar work: 3. Nk95- lo0 N. Name and Address of Public Agency Name and Telephone No. of Project Manager: Sri a r. 6Ltct,y - 90 9-392- S/40 l.05-_ /b 1 12eplace- old MIryaG i ih-Oeill AewQ�'Yw0w loCaMxJ Con ract Amount Type of Work Date Completed - O7/,7p/ 1 Provide additional project description to show similar work: - / T C-13 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1 JaQ Name t -- MekIA proposed Project Manager Telephone No. of proposed Project Manager: `' 14) 621-e20.2 2 ; `1114613f -L 1-s4- Ce /I r; n e Line ! r Irn rovernerl�' I i 60 ./ " p,�r�&s� Project Name & Contract Amount Type of Work Da e ompleted Fu ',SI t"11 SC c ( -1 f!1 SCR d4k/qA is L. quAtedd mtv p1�1 Project Name & Contract Amount Type of Work Date Completed--d5la011 RAD P0401, G2eho4i/ -Uxdergwu4U4;h4ej - % 3il39, 8,23 Project Name & Contract Amount Type of Work Date Completed - 04 1-2013 c 2. erne as moue` Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-14 Date Completed Date Completed Date Completed PROJECTS COMPLETED MMC, Inc. Owner Architect/ Project Engineer Project Name Project Contract Date of Description of work Engineer Location Amount Completion City of Los Angeles City Ford E.C. (General Contractor) Echo Park Echo Park, Los $3,139,823.00 06/2013 Underground Utilities 1149 S. Broadway St. Arash Daghighian Rehabilitation Project Angeles (MMC Inc. Los Angeles, CA 90015 310-864-9112 Subcontractor City of Redlands City Cal Davis Country Club Redlands, CA $879,110.00 05/2013 Const. of Booster pump Engineering Division 909-798-7585 ext. 2 Reservoir Booster station and site 35 Cajon St. Station & Site improvements Redlands, CA 92373 Improvements Inland Empire Utilities Agency Agency John Scherck RP4 Odor Control Rancho $94,751.00 04/2012 Install blower and FRP 6075 Kimball Ave. 909-993-1547 Back-up Blower Cucamonga pipe. Chino, CA 91708 •scherck ieua.or County Sanitation Districts of LA Mark Pettit Installation of Pumps Cerritos, CA & $109,501.00 09/2012 Install pumps County 310-638-1161 ext 6804 at Bloomfield and Long Beach, P.O. Box 4998 Long Beach Water CA Whittier, CA 906074998 Reclamation Plant 562-699-7411 Interceptor Pumping Plants SAWPA SAWPA RBF consultants Brine Line County of $1,075,101 05/15/2012 Installation of 8 11615 Sterling Ave. Douglas Cook Enhancement Riverside underground bolts and Riverside, CA 92503 858-518-3072 Project -Reach IV-D valves 951-3544220 Metropolitan Water District District Toby Roots Julian Hinds Pump Julian Hinds $428,551.00 04/2012 Repair expansion joints 700 N. Alameda St. 951-926-7228 Plant Delivery Pipe Mountain 6' diameter pipe Los Angeles, CA 90012 jroot@mwdh2o.com Expansion Joint 213-217-6000 Repair Phase 1 Foothill Municipal Water District District Krieger & Stewart Berkshire Pump Pasadena, CA $143,000.00 03/2012 Installation of pump 4536 Hampton Rd. Josh MacPeek Station Booster No. La Canada Flintridge, CA 91012 951-684-6900 413, 3E & 4W 818-7904036 Replacement City of Redondo Beach City Mike Shay Alta Vista Park Redondo $1,451,751.00 12/2011 Installation of pump 415 Diamond St. 310-318-0661 Diversion & Reuse Beach, CA filter system and Redondo Beach, CA 90277 ext.2455 Project holding tank, (310)318-0662 mike.shay@redondo.org underground pump building City of Thousand Oaks City of Diana Lockyer Const. of Interceptor Thousand $505,000 10/2011 Construction of new 2100 Thousand Oaks blvd. Thousand 805-449-2445 Improvements, Phase Oaks, CA pump station building; Thousand Oaks, CA 91362 Oaks 805-449-2475-Fax 3, Rehabilitation of renovate existing wet 805-449-2400 Industrial Lift Station well; epoxy coat piping PROJECTS COMPLETED MMC, Inc. Foot Hill Municipal Water District District Krieger & Stewart Main Pump Station Pasadena, CA $49,000.00 09/2011 Repair damaged pump 4536 Hampton Rd. Josh MacPeek Booster No. 1 West works and flanges; La Canada Flintridge, CA 91012 951-684-6900 Replacement epoxy coated piping 818-7904036 Metropolitan Water District of MWD Brian May Air Release & Various Cities $1,095,101.00 Replacing old Air Vac So.Cal. 909-392-5140 Vacuum Valve in LA County 07/14/11 and Installing New at 700 N. Alameda St. bmay@mwdh2o.com Relocation for various locations Los Angeles, CA 90012 Treated Pipelines 213-217-6000 Const. Package No. 10 LA Dept. of Water & Power Dept. of Jessica Lewis Furnish & Install Los Angeles $2,481,501.00 05/2011 Install SCR Catalysts in I I I N. Hope St. Water & 213-367-2754 SCR Catalysts at five gas fueled power Los Angeles, CA 90012 Power Jessica.lewis@ladwp.com Harbor and Valley plants 213-367-2754 Generating Stations County of LA/Flood Control District County of Emil Kurlyand Rio -Hondo Channel Montebello, $674,000.00 03/2011 Replace Pump and 900 S. Fremont Ave. LA 626-458-3166 Ivy St. Pump Station CA Motor Control, Alhambra, CA 91803 Upgrade & Pop Link construct steel pump 626-458-5100 Pump Station station building City of Los Angeles City of Los Leslie Wall LAG/DCT Water Glendale Water 441,000 2/3/2011 Replacement of old Dept. of Public Works Angeles 310-648-6168 Reclamation Plant Plant and DC exhaust fans 200 N. Spring ST. Rm355 310-648-6155 Tillman Water Los Angeles, CA 90012 Leslie.Wall@lacity.org Plant 213-978-0261 Metropolitan Water District of So.Cal Roy Howard Roy Howard Iron Mountain Iron Mountain, 177,000.00 04/2010 Dismantling of 700 N. Alameda St. 3Ta St. Field 951-926-7035 Delivery Pipe CA expansion joint, sand Los Angeles, CA 90012 Engineer Expansion Joint blasting, protective 213-217-6000 951-926- Repair coating and replacing 7035 of packing and assembling County Sanitation District of LA Sanitation Polly C. Wong Construction of Joint Dominguez & 362,000.00 03/2010 Structural Repair of 1955 Workman Mill Rd. 562-699-7411 ext.1609 Out Fall Lamberton in Out Fall Whittier, CA 90670 562-908-0531-fax City of Carson, 562-699-7411 CA Los Angeles Unified School District WLC Frank Sarraf Valley Region Sylmar, CA 60,000.00 03/210 Underground Utilities 818-767-1123 Architects 310-420-0425 Elementary School (MMC sub for this 310-395-6777-Fax No. 8 project) Long Beach Unified School District McCarthy Susan Ahn (Facilities Manager) Reid High School Various 2,751,151.00 09/2009 Re -locating Schools 2425 Webster Ave. 562-997-7558-PH Re -locatable Project Schools in Long Beach, CA 90810 562-595-8644-Fax Long Beach, 562-663-3031 sahn n,lbschools.net CA 562-634-5013-Fax Vince Marchedies 562-997-7550-Ph 11 PROJECTS COMPLETED MMC. Inc. Helix Water District Luis Valdez, P.E. Civil Engineer 36 inch Lake Valve La Mesa, CA 610,101.00 7811 University Ave. District 619-667-6249-Ph Replacement La Mesa, CA 91941 619-667-6235-Fax 619-466-0585-ph 08/2009 Lake Valve 619-466-1823-fax Replacement County Sanitation District of LA County Ted Brodeur Arcadia -Sierra Madre Arcadia, CA 1,491,500.00 02/2009 Construction of Trunk County Sanitation 626-962-8605 ext.6714 Sewer Trunk Sewer line 1955 Workman Mill Rd. 626-814-9221-Fax Whittier, CA 90607 tbrodeur64lacsd.org 562-699-7411 West Basin Municipal Water District Water Veronica Govea (Water Microfiltration United Water, 542,890.00 04/2009 Tank Replacement 17140 S. Avalon blvd. suite 210 Resources Resources Enginner) Equalization Tank El Segundo, Carson, CA 90746 Engineer 310-660-6269 CA 310-217-2411 310-217-2414-Fax 310-217-2414-Fax veronicag(a,westbasin.org City of Pomona Metcalf & Raul Garibay (Utility Engineer) Construction of City of $2,036,331.00 01/2009 Plant Expansion 505 S. Garey Ave. Eddy Ph:909-620-2239 Anion Exchange Pomona, CA Pomona, CA 91769 Ph:714-567- Fax:909-620-2222 Plant Expansion 909-620-2261 2447 raul_garibay@ci.pomona.ca.us Fax:714- 567-2594 Goldrich & Kest Ken Loesch Phase I & II La Palma, CA $326,025 05/2008 Concrete slab work 5150 Overland Ave. 310-280-5087 Fresca Parking Culver City, CA 90230 Structure 310-280-5087 City of South Gate Willdan Gladis Deras Well 25 Booster South Gate $315,784.00 03/2008 Pump Replacement 8650 California Ave. 323-357-9661 pump Replacements South Gate, CA 90280-3075 323-563-9572 City of Oxnard Frank Sarraf South Yard Power City of Oxnard 1,598,101.00 12/2007 Installing pipeline 1060 Pacific Ave. bldg. 2 805-483-7073 Building (MMC sub for this Oxnard, CA 93030 project) 805-385-7803 III PROJECTS COMPLETED MMC, Inc. City of Escondido Neil Greenwood Improvements to City of $329,580.00 09/07 Installing Blower and 201 N. Broadway Ph:(760) 839-4078 HARF & lift Station Escondido pipe Escondido, CA 92025 Fax:760-740-0948 No. 3 760-839-4617 City of Buena Park Nabil Henein Bridge Barrier City of Buena $400,000.00 08/07 Construction of Bridge 6650 Beach Blvd. 714-562-3692 Replacement Park wall and installation of Buena Park, CA 90622 rails 714-562-3500 East LA Community College Beth (LA College) Underground Utilities East LA $1,425,000.00 01/07 Underground utilities: 770 Wilshire blvd. 3`d floor Aarsh Daghighian College water, irrigation, gas, Los Angeles, CA 90017-3856 (Ford E.C.)-General Contractor sewer pipeline 323-265-8650 Ph:310-264-2145 (MMC worked as Fax:310-264-2146 Subcontractor) Bureau of Reclamation Matt Sheskier Flatiron Power and Denver, $230,000.00 08/2004 Manufacture and Denver, Colorado Ph:(970)962-4510 Pumping Plant Colorado installation of Hatch P.O. Box 36900 Fax:970-962-4520 Replacement Hatch Covers Billings, MT 59107-6900 Covers -Big 970-962-4510 Thompson, Colorado Bureau of Reclamation - Tracy Bureau of Larry Watterudd Rebuild velocity Byron, CA $97,101.00 5/9/03 REBUILD VELOCITY 6525 Lindemann Road Reclamation Ph:559-487-5089 control pumps 94514 CONTROL PUMPS P.O. Box 25508 Fax:559-587-5397 located at Bureau of LOCATED @ Byron, CA 94514 Reclamation BUREAU OF 559-487-5089 RECLAMATION, TRACY FISH Orange County Sheriff Art Rebuild Orange, $87,101.00 05/03 Remove, Rebuild and 431 City Drive South McClure Cooling Tower at CA Re -Install Cooling Orange, CA 92868 (714) 935- Theo Lacy Jail Tower 714-935-8479 8479 Department of Corrections Lisa Marquez Repair (7) Davis Iron Wood $51,050.00 03/03 Repair (7) Davis EMU 19005 Wiley's Well Rd. (916) 322-3101 EMU Pumps State Prison Pumps Blythe, CA 82225 Weldon 760-921-3000 Sewell (760)921-3000 Fax:760-921-4320 Kaiser Permanente Kaiser Mike Leogrande Re -Build Chiller Fontana, CA $45,918.00 01/03 Rebuild Chiller Pumps 14520 Hawthorne Permanente 909-427-4119 Pumps Fontana, CA 92335 909-427-5164 IV PROJECTS COMPLETED MMC. Inc. LA County Public Works LA County Jack Payette Ulmus Drive Sewage Calabasas, CA 791,535.00 01/03 Construction of Sewage Construction Division 8`h fl. Public 818-592-0756 Pump Station Pump Station 900 S. Fremont Ave. Works Renovation Alhambra, CA 92728 626-458-3104 City of Pomona City of Hong Wang Replacement of Pomona, CA 2,141,000.00 09/2002 Construction of sewage 505 S. Garey Ave. Pomona sewage pump station lift station and pipe line Pomona, CA 91769 # 3 UC Riverside Pro West Jeff Rising Underground Student Riverside, CA 448,000.00 09/2002 Installation of Elevators Expansion City of Big Bear Lake SO & Phil Taylor Sewage Lift Station # Big Bear, CA 124,101.00 08/2002 Modification of Sewage P.O. Box 1000 Associates 2 Lift Station and pipe Big Bear, CA 92315 760-242- line 2365 City of Upland Pat Nance Library Elevator Upland, CA 49,000.00 07/2002 Upgrade passenger 460 N. Euclid Ave. 909-931-4268 Upgrade elevator Upland, CA 91786 O.C. Sanitation District Sid Kirk Ventilation Irvine, CA 214,121.00 05/2002 Ventilation 10844 Ellis Ave. 714-593-7342 Improvements at Improvements Fountain Valley, CA 92728 Main St. pump Station City of Industry CNC Richard Walker Irrigation Pumps and Industry, CA 317,000.00 04/2002 Replacement of 255 N. Hacienda blvd. # 222 Engineering Controls Irrigation pumps and Industry, CA 91744 626-821- controls 3456 UC Riverside Spieth Hall George George McMullin Speith Hall Elevator U C Riverside 139,000.00 02/2002 Elevator Removal 680 W. Linden St. McMullin Removal Campus Riverside, CA 92507 Town of Apple Valley SO & Roger Lopez Pump & Piping Town of Apple 50,000.00 07/2001 Installation of new 20440 Highway 18 Associates 760-240-7542 Replacement Valley, CA pumps and Piping Apple Valley, CA 92307 760-242- 760-240-7500 2365 City of Inglewood ASL Ray Morning side Inglewood, CA 2,257,000.00 07/2001 Reservoir Retrofit One Manchester blvd. Consultant 310-412-5333 Reservoir and Pump Inglewood, CA 90301 Engineers Station Structural 310-412-5333 626-683- Rehabilitation 0066 u PROJECTS COMPLETED MMC. Inc. Eastern Municipal Water District Arlen Nielson Pump station and Sun City $1,750,000.00 9/00 Installation and 2270 Trumble Rd. 909-928-3777 ext.4491 pipe lining construction of pump P.O. Box 8300 station. Installation of Perris, CA 92572 14,000 L.F. of 18" pipe 909-928-3777 VI PROJECTS IN PROGRESS MMC INC. Owner Architect/ Project Engineer Project Name Project Contract Amt. Start Date of Description Engineer Location Date Completion MWD District Furnishing Base $246,051.00 04/13 12/2014 Fabrication of bridge 700 N. Alameda St. Isolators for Upper base isolators Los Angeles, CA 90012 Feeder Santa Ana River Crossing Department of Water District David Sale Replace Septic Four (4) $890,000.00 5/2012 In Progress Replacement of septic Resources - 661-945-9560 ext.32 Tanks, Sewage plants in CA 70% tank pumps, piping & 1416 Ninth St. Piping and Pumps complete controls P.O. Box 942836 Sacramento, CA 94236 12/2013 916-653-5791 County Sanitation District Kevin Dodd, P.E. Palos Verdes Rolling Hills $1,884,511.50 04/13 02/2014 Power plant Districts of LA County 562-908-4288 ext.2146 Landfill Plant Estate, CA demolition, const. of 1955 Workman Mill Demolition storm drain Rd. Whittier CA 90607 City of Cypress City Nick Mangkalakiri Various Sewer Cypress, CA $1,273,200 05/13 Sewer Improvements 5275 Orange Ave. 714-229-6729 Improvements Cypress, CA 90630 Santa Ana Watershed City Carlos Quintero Brine Line Reach City of $251,548.50 03/2014 04/2014 Construction of 4 Project Authority 951-354-4234 4B Upper Corona, City siphons and relocation 11615 Sterling Ave. Improvements- of Riverside of 60 ft. 16" PVC pipe Riverside, CA 92503 Phase 3 951-3544220 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # 201403191 KNOW ALL MEN BY THESE PRESENTS, that we MEHTA MECHANICAL COMPANY, INC. DBA MMC INC. 5901 FRESCA DRIVE La Palma, CA 90623 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and CAPITOL INDEMNITY CORPORATION 115 Glastonbury Blvd., Ste. 5 Glastonbury, CT 06033 (Here insertfull name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid------------------------------------------ Dollars ($ 10.00% ) 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 1ST ST. STORM TO SEWER DIVERSION (Here insert full name, address and description of project) 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 thisobligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of March, 2014 MEHTA MECHANICAL COMPANY INC. DBA MMC INC. Principa (Seal) (Witness) (Title) CAPITO IN MNITY CORPORATION (Sure eal) (Witness) (Title) Yung T. Mulli , Attorney -in -Fact AIA DOCUMENT A310 BID B ND AIA ® FEBRUARY 1970 ED THE AMERIC INSTITUTE OF ARCHITECTS, 7n5 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 ACKNOWLEDGMENT State of California County of Orange ) On March 19, 2014 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick who proved to me on the basis of satisfactory evidence to be the person(36) whose name(s) is/OR& subscribed to the within instrument and acknowledged to me that he%jat#bft executed the same in hisbbeothiek authorized capacity0a*, and that by his/fa=61tMix signature(s) on the instrument the person(t), or the entity upon behalf of which the person(y,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE y ha d and official seal. Signature '�< CHRISTIPiE T. HOAN - s: comm. # 2008757 X W �c3 r NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY p jXF MY COMM, EXP, FEB 25, 2017 (Seal) CAPITOL INDEMNITY CORPORATION 60099592 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make. constitute and appoint JAMES W MOILANEN; YUNG T MULLICK; JENNIFER C ANAYA its true:and lawful'Attomey(s)=in- fact, to make, execute, seal and deliver for and on.its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed tinder this authority shall exceed in amount the sum of -------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED$20,000,000.00--------------- —----- ---------- This'Power of Attorney: is granted and is signed and sealed by facsimile- Linder and.by the authority of the following Resolution adopted by the,Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint.by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings, obligatory, in, the nature thereof- one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each, appointee to have the powers'and;duties tisuat to such offices to the business of this company; the signature of such officers and seal of the Company maybe affixed to anysuch:power of.'attorney or to any certificate relating there to;by facsimile, and any such power of attorney or certificate bearing` sach.(facsiinile signatures or facsimile seal shall be valid and binding upon the Company;and any such power so executed and certified by facsimile signature's and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate "seat .to'be hereto. affixed duly attested, this 2nd day,of May, 2011.. , Attest: b CAPITOL INDEMNITY CORPORATION.: e NIT �� A . ((//,, \N11111111illlllltllllu//u . - IN �AV�ni\ U:O OOPPOFATF 99 oyy Richard W. Allen III VVV J �/`�l President' - . _ SEAS.. David F. Pauly Surety &:Fidelity Operations - CEO & President: STATE OF'WISCONSI:N y/"0�i�iiiuleiHiliinnmi\�\\\0 o* �\g` S.S.: \\ COUNTY OF DANE } On the 2nd day of May, 2011 before me personally came David F. Pauly, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President of CAPITOL INDEMNITY CORPORATION, the corporation described herein and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so- affixed:15y,order of thc.Board of Directors of said corporation and that he signed his name thereto by like order: r II DANIEL\ W. �KRUEGER Daniel W. Krueger STATE OF WISCONSIN ��tk Notary Public,,.Dane Co., WI m + COUNTY..OF,DANE.'. CERTIFICATE My Commission Is Permanent I, the._.undersigned, 'duly -elected to the office stated below::: now fhe;_ incumbent .in CAPITOL INDEMNITY CORPORATION; . a' Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this 1 day of MARCH 014 g: _ . , 1J JTSCr iAIJ Alan S. Ogilvie Secretary THIS.DOCUMENT IS NOT VALID UNLESS PRINTED ON GRAY SHADED BACKGROUND WITH A RED SERIAL NUMBER'IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNINQTHE' AUTHENTICITY OF THIS DOCUMENT: CALL„800-475,=4450. :::.. .::..... _.. .. .. CIC PO ( ) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0 rQ rq� On before, (t40112-ry Af 6)%G Date re Inse ame and Titi4fof the Officer personally appeared J AQOi,t s' Me%loz I Name(s) of Sioner(s) ALKA SHROff Commission # 2050713 la Notary Public - California Orange County MY Comm. E ires Oec 13, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Al Signature: A�%a JVtl�l/ N Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT -THUMBPRINT, OF ;SIGNER p of thumb Mere Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2008 National Notary, Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1-800-876-6827 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 3, 2014 Paulus Engineering, Inc. 2871 E. Coronado St. Anaheim, CA 92806 RE: 1st Street Storm to Sewer Diversion— CC-1461 Enclosed please find your original bid bond for CC-1461. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan o Waitakere, New Zealand ( Telephone: 714-536-5227 ) PAULU,a ENGINEERING, INC. 24T11 a ado Street An-sheim.CA 92MG-2504 Phone 714-632-3975 Pax 714-632-1809 i.n cn CV N r- 5} C�-� L,�- [+Un4ine-m '�� 2014 i IAR 21+ Ail 9: 5�� ��y►.�e c� b 1 h-a SUM A-b 5� n h po (\b �- c pe-n "i► �k Ma l SECTION C PROPOSAL for the construction of 1ST STREET STORM TO SEWER DIVERSION CC 1461 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 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Ac ompanying this proposal of bid, find 110� Va in the amount oQj*2Zo 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", "Cdrtified Check"; or "Bidder's Bond for 10% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions Ite Estimate m No. d QuantityUnit Bid Item Description Price Extended Amount 1 1 Mobilization Demobilization L.S. '000 2 1 Installation of sheeting, shoring, and bracing L.S. Sop S 3 1 Demolition of existing facilities L.S. 5,ODO 4 1 Earthwork excavation, Dewatering, backfill, L.S. aZcoo 0Z goo 5 2 Sanitary Sewer Manholes EA (q, 500 9 b 6 200 Concrete Flatwork C.F. 3 C-3 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 7 1 L.S. Miscellaneous metalwork 336D aD g 20 L.F. 3-inch and 4-inch PVC Pipe and appurtenances ISD O 9 1 L.S. 4-inch ball valve and electric actuator assembly I �8 10 1 EA Furnish and install 2-inch Parshall Flume " 11 1 L.S. Labor, material, and equipment for electrical work �6� Dad 3�� afro 12 1 L.S. Installation of Instrumentation Equipment C-4 CC 1461 Bid Schedule Refer to Section 01025 for Item Descriptions 13 1 Protection of existing utilities IF 14 1 Payment and performance bonds L.S. S, oav eoo Total Amount Bid in Figures: $ ZSZi O Total Amount Bid in Words: .�,,,v ;4T—v +,s4,,,�t 4-wo kvo,i C-s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract S �,3 a�� Z)f � +�a�C , lid /G i �ys�6� I Z goo I I c��Z `�rerCito c nss--k erg w°`y 7/71,z3 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. C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on j- Z/- , at y , 64— Date City State bein� first d?"Itu sworn, deposes and says that he or.sl is of �/!WLi �i/£E�'i�b' WC ,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, corispired, connived, or agreed with any bidder or anyone else to put in a sham .bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. S LliA- Name of Bidder 0 rure of Bidder a87j 1' (OX .,14.00 q 2 �'a Address of Bidder C-7 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 03/21/2014 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN4f SS my hand and official seal. CYNTHIA J. VALENCIA Commission 1952790 j 4 Z Z :�._ Notary Puhlic - California Z fOrange County D My Comm. Expires Oct 15, 2015 Signature of D otary Public , / (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT h L pq.-f--�- _ Title or4description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title_Pres/Sec Partner Attorney -In -Fact Trustee Other M 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 1ST Street Storm to Sewer Diversion, CC 1487, (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. Date: C-8 142LU S C Contractor y Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes /No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 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: ?" Z /-/ Lf C-10 Contractor :A A`^J /0crA-i r Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A�CI% I Bidder Name -7Z 6. `bffCAJAe-> o Business Address City, 4) 75. Telephone Number State Contractor's License No. and Class 6' S6 Original Date Issued Expiration Date State Zip The work site was inspected by;A<LZ of our office on - , 2011 The following are persons, firms, and corporations having a principal interest in this proposal: C_11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name of Bidder Printed or Typed Signature Subscribed a sworn to before me. this day of , 201_ . NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer manholes, buried electrical conduit, concrete flat work, and instrumentation and control systems for sanitary sewer systems. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency C-12 3. Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-13 State of California County of Orange 1. Subscribed and sworn to (or affirmed) before me on this 21 st day of March, 2014 by Jason P proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ft V Signatu / (Notary Seal) IIIIIIIIIIIIIIIIIIIIIIII CYNTHIA , VALENCIA Commission # 1952790 Z '�-� Notary Puhlic -California z !ar., r Orange County D My Comm. Expires Oct 15, 2015 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) Number of pages: Document Date: (Additional Information) Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount 2. Type of Work Date Completed Name of proposed Superintendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C-14 SECTION D SAMPLE CONTRACT n-1 Original Bid Class (Type) Date Claims, Mediation, Arbitration, Name, Contact, Address, Contract Amount of Work Completed lawsuits amount and results Phone of Owner Niguel Rd. Alicia Pkwy Valve for Moulton Niguel WD, Steve Merk, (949) 795 $ 351,644.00 Valve Repl 08/10 N/A 6799, smerk@mnwd.com Brookhurst St, Garden Grove Sanitary Dist, 13802 Newhope St., Garden Grove, CA, Sam Kim (714) $ 1,587,611.00 Sewer repl/rpr 02/11 N/A 741-5531 Central Balboa W & S lmpr., City of Newport Beach, 3300 Newport Blvd., Newport Beach, CA, Alfred Castanon, 949-644- Water & 3314, Sewer acastanon@city. newport- $ 1,615,154.00 Improvement 12/10 N/A beach.ca.us OPA -Adams Way, Irvine Ranch Water Dist., 15600 Sand Canyon Ave., Irvine, CA 92618, Anita Arant, 949 $ 45,867.00 Water Syst 11/10 N/A 453-5300 El Retiro & Nogal Recy Water, Santa Margarita $ 84,600.00 Water Recy 04/11 N/A Water Dist., Newport Coast, Irvine Ranch Water Dist., 15600 Sand Canyon Ave., Irvine, CA 92618, Anita Arant, 949 $ 132,539.00 Water System 08/10 NA 453-5300 Horsethief Canyon Gravity & Force Main, City of San Dimas 245 E Bonita, San $ 79,780.00 Gravity/Force Main 04/11 Dimas, CA, Karen Deleon N/A 909-394-6230 Crown Valley Trans Main for Moulton Niguel WD, Steve Merk, (949) 795- $ 544,850.00 Trans Main 05/12 N/A 6799, smerk@mnwd.com Storm Drain/Street Impr. D- 163, City of Orange, 300 E. Chapman Ave., Orange, CA, Alan Truong, 714-744- 5544, $ 1,092,270.00 SD/St Impr 12/11 N/A atruong@cityoforange.org Ontario Ave. Zone 4 Waterline, City of Corona, 400 S. Vicentia, Corona, CA, Robert Morin, 951-736- 2446, $ 855,650.00 Water Syst 12/12 N/A robertm@ci.corona.ca.us Euclid St, Garden Grove Sanitary Dist, 13802 Newhope St., Garden Grove, CA, Sam Kim (714) $ 740,954.00 Sewer Syst 11/12 N/A 741-5531 Woods Ave. Storm Drain, City of Fullerton, 303 W Commonwealth Ave, Fullerton, CA, Eric $ 740,407.00 Storm Drain 09/12 N/A Villagracia, 714-338-6853 North American Specialty Insurance Company Bond #7-B Premium Nil KNOW ALL MEN BY THESE PRESENTS, That We, Paulus Engineering, Inc. 71 E. Coronado Street of Anaheim, CA 92806 . as Principal, and North American Specialty Insurance Company, of Manchester, New Hampshire, as Surety, a New Hampshire corporation duly licensed to do business in the State of California are held and firmly bound unto City of Huntington Beach as Obligee, in the penal sum of ten percent_ of amount bid Dollars ($_ 10 0 ), for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for lst Street Storm to Sewer Diversion NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract. with another parry to perform the work if the latter amount.be in excess of the former, in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. SIGNED , .SEALED AND DATED this 21 s t day of March 2 p 14_ Paul)as Engineer insura;KV,Pe,mpany ..... -Charles . Flake , • A $ND 140 S REV (05195) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/21/14 Date before me, Lexie Sherwood Notary Public Here Insert Name and Title of the officer personally appeared Charles L. Flake Names) of Signer(s) LEXIE SHERWOOD COMM. # 2031782 9 NOTARY PUBLIC • CALIFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han&ad icial s al.Signature Place Notary Seal Above Signaturu is 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):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9`h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `�'�t0�pIAU7Y fN�//i/ ,mWunarrui I i r 6 �oPPDR ••,G � .:ao TIONA(� ky(� By p�rGORaoTsG°�b $ �• SEAL •y Steven P. Anderson, Semor Vice President of Washington International Insurance Company $- SEAL Py $ ' e & Senior Vice President of North American Specialty Insurance Company nuuntnat` y *� D�avld M. Layman, Vice President of Washington International Insurance Company ftm & Vice President urNorth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this20th day of Jane 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20tli day of June 2012 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney -as -officers -of -and— ----- acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFIt:U+i SEAL" K/ DONNA D.'SKLENS . Notary Public, State ofillinols _ Donna D. Sklens, Notary Public My Coauaisslon Expires 106015, I, Jeffrey Goldberg ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 21st day of March 2014 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington Inrereational Insurance Company & North American Specialty insurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 03/21/2014 before me, Cynthia J. Valencia Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CYNTHIA J. VALENCIA Commission # 1952790 Signature Public <:-,dam Notary Public - California v im rY (Notary Seal) Z = - Z .. Orange County My Comm. Expires Oct 15, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer X /Title Pres/Sec Partner Attorney -In -Fact Trustee Other C