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California Building Evaluation & Construction Inc. - 2017-08-07
Document-7274994-Page-1 Page 1 of 1 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn: Joseph Fuentes P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1111 II 11111111111111 III III II NO FEE *$ R 0 0 1 0 8 4 2 0 8 3 $ * 2019000167837 2:04 pm 05/17/19 90 SC5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 California Building Evaluation & Construction, who was the company thereon for doing the followinq work to -wit: Peck Reservoir Pump Station Electrical Upgrades, Project # CC 1420 That said work was completed 05/13/2019 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 05/13/2019, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Old Republic Surety 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 27383 and should be recorded free of charge. Dir(ctor of P or City Engineer 'Date 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 of Orange County. This document is solely the official business of / S the City of Huntington Beach, as contemplated under Government code section 27383 and Director of Public r s or City Engineer ate City of Huntington Beach, California should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) about:blank 5/1.7/2019 RECEIVED BY: (Name) (7z (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 Clerk /j 671V17 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. g1forms/bond transmittal to treasurer 770,d (Company Name) 6J CA) Zib Approved d7 111-7 (Couhcil Approval Date) I Agenda Item No. et � City Clerk Vault No. _(-_)00, SD SIRE System ID No. -7 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CALIFORNIA BUILDING EVALUATION & CONSTRUCTION, INC. FOR THE PECK RESERVOIR PUMP STATION ELECTRICAL UPGRADES PROJECT, CC-1420 THIS AGREEMENT ("Agreement") is 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 California Building Evaluation & Construction, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WI-IEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Peck Reservoir Upgrades Project in the City of I-Iuntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of" any description in connection with the work, 16-5195/California Building CC-1420 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), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/California Building CC-1420 D. The 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 as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; 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 Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. 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. 16-5195/California Building CC-1420 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 Million, Six Hundred Ninety -Three Thousand, Five Hundred Thirty -Five Dollars and Zero Cents ($1,693,535.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within two hundred and twenty (220) 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. 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, 4 16-5195/California Building CC-1420 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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. 5 16-5195/California Building CC-1420 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace 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 6 16-5195/Califomia Building CC-1420 licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand, Five Hundred Dollars ($1,500.00) per each calendar 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. 7 16-5195/California Building CC-1420 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/Calif'omia Building CC-1420 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or 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 PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand 9 16-5195/California Building CC-1420 within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the 10 16-5195/California Building CC-1420 CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED OUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYM 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 16-5195/California Building CC-1420 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 an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed 12 16-5195/California Building CC-1420 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. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/California Building CC-1420 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 el seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any 14 16-5195/California Building CC-1420 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's 15 16-5195/Califoniia Building CC-1420 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. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/California Building CC-1420 25. 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 (the "Additionally Insured Parties") 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 and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. 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 Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/California Building CC-1420 26. 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: I . 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. 27. 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 18 16-5195/California Building CC-1420 which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 28. 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 29 and any damages shall be assessed as set forth in Section 29. 29. 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 19 16-5195/California Building CC-1420 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. 30. 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. 31. 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. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. 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 20 16-5195/California Building CC-1420 expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 34. 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: Joseph Fuentes, Public Works 2000 Main Street Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: California Building Evaluation & Construction, Inc. ATTN: Eddie Qader 2155 W. Crescent Ave., Suite 236 Anaheim, CA 92801 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. 21 16-5195/California Building CC-1420 36. 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. 37. 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. 38. 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. 39. 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 22 16-5195/California Building CC-1420 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. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. 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. 42. 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. 43. SURVIVAL, Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/Califomia Building CC-1420 45. 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. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/California Building CC-1420 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /�76 LCST 07 , 2017. CONTRACTOR: By: i �a ELISA GIJTIERREZF;PRESIDENT/TREASURE (print name)_ ITS: Chairman / President eside Vice -President (circle one) AND By: EDDIE ADER, VP/S CRETARY �—� _,print name ITS: S creetary / Chief Financial Officer Asst. Secretary / Treasurer (circle one) CITY OF HUNTINGTON BEACH, munxival c oratio f th St of California Mayor City Clerk IT INITIATED AND APPROVED: �Director P °blic Works REVIE A'A APPROVED: City Manager APPROVED A City Attorney 25 16-5195/California Building CC-1420 L--XI-11617 �q SECTION, C PROPOSAL for the construction of PECK RESERVOIR PUMP STATION ELECTRICAL UPGRADES CC No. 1420 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 220 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 10016 bid bond 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_% ", 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 Bi er's S' ature 1 5/25/2017 2 5/30/2017 3 6/5/2017 4 6/8/2017 SECTION C PROJECT BID SCHEDULE A PECK. RESERVOIR. PUMP STATION ELECTRICAL UPGRADES, CC 1.420 BID ITEMS 1 Mobilization 1 LS $ 88, soo $ 88, soo 2 Demobilization and Cleanup 1 LS $ 1-7, 700 $ 17 , 7 0 o 3 Field Office per Section E, Part 1, Section 8 1 LS $ 9, 73s $ 9, 73s 4 Demolition of Existing Facilities 1 LS $ 371, 700 $ 371,700 5 Provide Initial Survey Staking of Proposed Building Finished Floor Elevations 1 LS 8, 85o $ $ 8, 8so 6 Peck Reservoir Pump Station Mechanical & Electrical Upgrades • Appendix Q provides a list of pre -approved subcontractors that are permitted to install or reinstall specific mechanical equipment, namely electric motors, combination gear drives, existing pump bowl & casing assembly, andc[� engine shaft. 1 LS vivo � ,280 i7 U $ 23 80 7 Peck Reservoir Pump Station Conduit Installation Schematic 1 LS $ 194,700 $ "-94, 700 8 Well, Piping and Electrical Rooms Conduit Installation Schematic 1 LS $ 131, 806 $ 131, 806 g Well No, 7 Pump Building 1 LS $149, 270 $ 149,270 10 Electrical Building (Includes Piping Room) 1 LS $ 217 , 710 $ 11 Control and Security Building 1 LS $ 78, 116 $ 78, 116 12 Primary Power Electrical Service 1 LS $ 29, 500 $ 29, 500 13 Standby Generator 1 LS $ 58, 000 $ 58, 000 14 Electrical Busway and Underground Conduits 1 LS $ 125, 670 $ 125, 670 15 Relocation of Waste Oil Tanks and Grounding Box 1 LS $ 53, 808 $ 53, 808 16 Storm Water Pollution Prevention Plan Development 1 LS $ 885 $ 885 17 Storm Water Pollution Prevention Plan Implementation 1 LS $ 4, 425 $ 4, 425 18 Earthwork 1 LS $ 75,000 $ 75, 000 19 Equipment Testing 1 LS $ 5,900 $ 5, 900 20 Provide Temporary Accessible Chain Link Full Enclosure Over All Pipes, Valves and Chemical Injection Points Downstream from the Well No. 7 Head 1 LS $ 5, 900 $ 5, 900 21 Provide Two (2) Separate Four -Hour Training Session on ALL Newly Installed Electrical Equipment and O&M Manuals 1 LS $ z, 360 $ 2, 360 C-2.1. SECTION C PROJECT RID SCHEDULE A PF,CK RESERVOIR PUMP STATION E.L.ECTRICAL., UPGRADES, CC 1420 TOTAL BID AMOUNT (BASIS OF AWARD) — SCHEDULE A T�ALOed Si rs Note: Refer to Section 9, Measure an Payment for description of each Item on Bid Schedule. GC�s-661 Al extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. ;��� adlre�sf't� c1�s �R�PVC la�tli� f of jFS� ,�ur�trtt�rtcense Regtstratitt:n #mount Gantra�t4 AN VOLT EDGE SERVICES A, B 509 W. Locust Street 540858 210, 100004460 7� �J Ontario, CA 91762 CC2 $548, o0 29 7 .4 q 10 t ( CONSULT CONSTRUCTION CORP / 4623 MAYTIME LANE i A, B 1000045945 $9s, o00 5.1% ( g CULVER CITY, CA 90230 1021010 Star Iron Works 896439 11606 Hart St., C51 1000032727 $112,000 60 North Hollywood. CA 91605 ARB Inc A, B 26000 Commerce Center Dr., 194079 C4,36 1000004506 / Lake Forest, CA C51,1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 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 submit supplemental relevant project history in addition to the projects listed herein. 1. EDDIE QADER Name of proposed Project Manager Telephone No. of proposed Project Manager: 714) 609-7625 Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Z VEL SMITH Name of proposed Superintendent Telephone No. of proposed Superintendent: 951) 903-3172 Ontario International Airport $638,000 Public Project Name & Contract Amount Type of Work March Airforce Base $430,000 Public Project Name & Contract Amount Type of Work Los Angeles International Airport $1,274,000 Public Project Name & Contract Amount Type of Work C-11 Date Completed Date Completed Date Completed March 2017 Date Completed August 2016 Date Completed June 2016 Date Completed NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , at Anaheim , California ate City State Eddie Qader , be ffrst.d ern, e ose and says that he or she is VP/Secretary of iliforniauil`cmgva�luafion & the party making the foregoing bid that the bid is not made in the interest o , 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. California Building Evaluation & Construction Inc. Name of Bider r Signature of Bidder Eddie Qader 2115 W. Crescent Ave, Ste. #236 Anaheim, CA 92801 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the PECK RESERVOIR PUMP STATION EL.,ECTRICAL UPGRADES, (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: CZ> California Building Evaluation & Construction Inc. C-5 Contract f By Eddie Qader Title VP/Secretary 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 I No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: i California Building Evaluation & Construction Inc. Contractor C By Eddie Qader C-7 Title VP/Secretary BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC Bidder Name 2115 W. CRESCENT AVE, STE. #236 Business Address ANAH E I M CA 92801 City, State zip ( 714) 609-7625 calbulding@gmail.com Telephone Number Email Address 785685 A, B State Contractor's License No. and Class 10/11 /2000 Original Date Issued 10/31 /2018 Expiration Date The work site was inspected by C—C Y l ! C of our office on Kl / , 201 `.- The following are persons, firms, and corporations having a principal interest in this proposal: CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC. Elisa Gutierrez, President/Treasurer Eddie (fader, VP/Secretary 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. CALIFORNIA BUILDING EV, Company N Signature of Bidder EDDIE QADER Printed or Typed Signature C-8 ATION & CONSTRUCTION INC NOTARY CERTIFICATE Subscribed and sworn to before me this _ day of , 201_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ("1',, CSC- County of QQAA ) l� n 1 On hunt. iR-N, 2-an before me, p.tyo!\ �u�'�`�R WstwJ G1vo� _ `,J�� Month, Day, and Year Insert Name and Title of Notary personally appeared Eddie Qader Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the 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. KEMN JUSTIN ANDREWS Notary Public - California z a "•=u Orange County z Commission 0 2172744 M Comm. Ex Tres Nov 192020 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of "enclosed building structures installation of niotor control center, switchboard, emer;gc;nc;v general€ r, and 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 CITY OF ENCINITAS, ENCINITAS, CA Name and Address of Public Agency Name and Telephone No. of'Project Manager: $1,305,000 Contract Amount MR. MALONE 760) 212-8700 PUBLIC WORK Type of Work 10/2016 Date Completed Provide additional project description to show similar work: Back up generator for Encinitas City Hall, including remodeling of 3 city hall public restrooms and main sewer line. CITY OF BUENA PARK, BUENA PARK, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: $1,125,000 PUBLIC WORK MR. YANAGIHARA, 714) 287-5970 20/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: City Hall Construction of Theatre Art Building, including site improvement, electrical upgrade, public restrooms 3 CITY OF REDLANDS, REDLANDS, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: MR. BROOKS 909) 798-7584 X9 $710,0000 PUBLIC WORKS 5/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Back up generator, site improvement, electrical upgrades for city pumping station C-t o Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of "enclosed buildin structures installation ofmotor control center, switchboard, emergency generator, and underground utilities.". 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. JOHN WAYNE AIRPORT, COSTA MESA, CA N 3 Name and Address of Public Agency Name and Telephone No. of Project Manager MR. SOHBY, $1,257,000 PUBLIC WORK 5/2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Emergency generators, site improvement, electrical upgrades SANITATION DISTRICT, COUNTY OF LOS ANGELES, LOS ANGELES, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Huffman 310) 648-6187 $606,800 PUBLIC WORKS 12/2012 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Back up generatoars, electrical upgrades, site improvement RIO HONDO COLLEGE, WHITTIER, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: MR. GABRIEL, 518) 256-9191 $2,347,587 PUBLIC WORKS 1/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Back up generator, electrical upgrades, site improvement C-to 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 submit supplemental relevant project history in addition to the projects listed herein. 1. EDDIE QADER Name of proposed Project Manager Telephone No. of proposed Project Manager: 714) 609-7625 John Wayne Airport, $1,257,000 PUBLIC WORKS Project Name & Contract Amount Type of Work City of Encinitas, $1,305,000 PUBLIC WORKS Project Name & Contract Amount Type of Work City of Buena Park, $1,125,000 PUBLIC WORKS Project Name & Contract Amount Type of Work 2 VEL SMITH 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 5/2013 951) 903-3172 Datc Completed 10/2016 Date Completed 10/2014 Date Completed Date Completed Date Completed Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link — Call (844) 522-6734 https: //efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. A__3� Date: PWC Registration #: 1000005490 CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC Contractor By EDDIE QADER C-12 Title VP/SECRETARY SN In " rK .E N11 0 IK 10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For PECK RESERVOIR PUMP STATION ELECT :ICAl-, LP(,R,.,X ES PROJECT :"C No. 1420 in the CITY OF HUNTINGTON BEACH 117IM71mi Notice To All Bidders: Within construction plan sheet 12 of 63, DELETED note that "A separate Fire Department Permit is required for the installation of the Hydrofluorosilicic Acid tank and piping due to being classed as a toxic liquid." Within construction plan sheet 12 of 63, ADDED note that "A separate Fire Department Permit is NOT required for outdoor chemical storage when the total combined storage of Hydrofluorosilicic Acid in the existing 100 gallon storage tank and any injection tubes does not exceed 100 gallons." This is to acknowledge receipt and review of Addendum Numb r One, date ay 25, 2017. CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC Company Na ,'e /By 'E 7E QADER Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Duncan Lee at (714) 536-5431 within 24 hours of posting. CC1420, Addendum No. 1 Pagel City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For PECK RESERVOIR PUMP STATION ELECTRICAL UPGRADES PROJECT CC No. 1420 in the CITY OF HUNTINGTON BEACH May 30, 2017 Notice To All Bidders: ONLY the General Contractor submitting a bid to the City of Huntington Beach will be REQUIRED to attend at least one of the two available Mandatory Pre -Bid Meetings. Subcontractors are RECOMMENDED to attend, but NOT REQUIRED to attend. This is to acknowledge receipt and review of Addendum Number Two, fed r0,2017. , CALIFORNIA BUILDING EVALUATION& CONST. INC Company Name Date f All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Duncan Lee at (714) 536-5431 within 24 hours of posting. CC1420, Addendum No. 1 Page 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For PECK RESEN"OIR PUMP STATION ELECTRICAL. UPGRADES PROJECT C,C. No. 1420 in the CITY OF HUNTINGTON BEACH Notice To All Bidders: Construction Note 10 shown in construction plan sheet 8 of 63 shall be REPLACED as follow: REMOVE FLUORIDE STORAGE ROOM AND TANK. PROTECT IN PLACE EXISTING CONCRETE PAD AND ELECTRICAL POWER SUPPLY FOR NEW FLUORIDE ROOM AND TANK WITH CONTAINMENT. Construction Note 29 shown in construction plan sheet 9 of 63 shall be REPLACED as follow: INSTALL KEY -LOCKED 6'-0" WIDE X 4'-6" DEEP FIBERGLASS CHEMICAL STORAGE BUILDING WITH FOAM INSULATING CORE & UV PROTECTIVE COAT, WITH A SIGN STATING "HYDROFLUOSILICIC ACID" INSTALLED AT THE FRONT ACCESS DOOR. BUILDING SHALL BE PRE -WIRED & HAVE TWO DUPLEX 115V OUTLETS CONNECTED TO EXISTING ELECTRICAL POWER SUPPLY, CORROSION RESISTANT FAN & VENTILATION LOUVER. INSTALL A 100 GALLON POLYETHYLENE DOUBLE WALL CHEMICAL TANK, ALONG WITH A SEPARATE SPILL CONTAINMENT BERM. INSTALL LEAKING DETECTOR / LEVEL SENSOR, TWO PUMPS AND PIPING FOR FLUORIDE TANK. Construction Note 43 shown in construction plan sheet 9 of 63 shall be ADDED as follow: IN ADDITION, INSTALL 2" SCH. 40 PVC CONDUIT FROM NEW FLUORIDE TANK ROOM TOWARD THE FLUORIDE INJECTOR AT THE NEW PIPING ROOM, AND INSTALL 2" SCH. 40 PVC CONDUIT FROM EXISTING CHLORINE STORAGE STRUCTURE TOWARD THE CHLORINE INJECTION SYSTEM AT THE NEW PIPING ROOM. ALL CONDUITS ANCHORED TO EXISTING WALL ABOVE GROUND SHALL BE PLACED SLIGHTLY ABOVE THE GROUND SURFACE. Construction Note 44 shown in construction plan sheet 9 of 63 shall be ADDED as follow: AND SHALL BE CONNECTED TO NEW SCH. 40 PVC CONDUITS AS DESCRIBED UNDER CONSTRUCTION NOTES 43 AND 45. Construction Note 45 shown in construction plan sheet 9 of 63 shall be ADDED as follow: IN ADDITION, INSTALL 30+ L.F. OF 2" SCH. 40 PVC CONDUIT (BURIED) TO THE FLUORIDE INJECTOR IN THE NEW PIPING ROOM, AND INSTALL 30+ L.F. OF 2" SCH. 40 PVC CONDUIT (BURIED) TO THE CHLORINE INJECTION SYSTEM IN THE NEW PIPING ROOM. Construction Note 4 shown in construction plan sheet 12 of 63 shall be REPLACED as follow: INSTALL NFPA HYDROFLUOSILICIC ACID SIGN ON NEW FLUORIDE TANK ROOM AND BOTH ENTRY GATES (SEE BELOW) CC1420, Addendum No. 3 Page 1 Under Section F, Technical Provisions of the Specifications, Section 0110009 (1.4)(13)(3), Page 011000 — 2, the following shall be ADDED: The existing Fluoride Room and tank shall also be demolished. Under Section F, Technical Provisions of the Specifications, Section 011000, (1.4)(B), Page 011000 — 4, new Item 20 shall be ADDED as follow: 20. Fluoride Room and Tank: Contractor shall provide installation of new Fluoride Room, tank, conduits, and other improvements as shown on plans. Under Section F, Technical Provisions of the Specifications, Section 0110009 (1.5)(A)(3), Page 011000 — 5, Item 13 shall be REPLACED as follow: 13. Demolition of Electrical Building — sequential, and installation of Fluoride Room, tank, conduits, and other improvements as shown on plans. Under Section E, Special Provisions of the Specifications, Part 1 of General Provisions, Section 9-3.2, Page E-20, the following shall be ADDED to Bid Item No. 4, Section B: The existing Fluoride Room and tank shall also be demolished. Under Section E, Special Provisions of the Specifications, Part 1 of General Provisions, Section 9-3.2, Page E-22, the following shall be ADDED to Bid Item No. 10, Section B: Installation of Fluoride Room, tank, conduits, and other improvements as shown on plans shall also be included. This is to acknowledge receipt and review of Addendum Number Three, dated June 5, 2017. Revised plans will not be issued for these changes. The project Bid Date has not changed as a result of these changes. CALIFORNIA BUILDING EVALUATION & CONSTRUCTION INC. Company Name 1 B`Y EDDIE QADER � /'z' /' 9, Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Duncan Lee at (714) 536-5431 within 24 hours of posting. CC1420, Addendum No. 3 Page 2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER FOUR For PECK RESERVOIR PUMP STATION ELECTRICAL CIPGRADLS PROJECT CC; No. 1420 in the CITY OF HUNTINGTON BEACH Notice To All Bidders: Changes made to Construction Note 29 shown in construction plan sheet 9 of 63 from Addendum No. 3 shall be REPLACED as follow: INSTALL KEY -LOCKED 6'-0" WIDE X 4'-6" DEEP FIBERGLASS CHEMICAL STORAGE BUILDING WITH FOAM INSULATING CORE & UV PROTECTIVE COAT, WITH A SIGN STATING "HYDROFLUOSILICIC ACID" INSTALLED AT THE FRONT ACCESS DOOR. BUILDING SHALL BE PRE -WIRED & HAVE TWO DUPLEX 115V OUTLETS CONNECTED TO EXISTING ELECTRICAL POWER SUPPLY, CORROSION RESISTANT FAN & VENTILATION LOUVER. INSTALL A 100 GALLON POLYETHYLENE DOUBLE WALL CHEMICAL TANK, ALONG WITH A SEPARATE SPILL CONTAINMENT BERM. INSTALL LEAKING D€T€CTOR / I=€V€6 SENSOR, TWO PUMPS AND PIPING FOR FLUORIDE TANK. This is to acknowledge receipt and review of Addendum Number Three, dated June 8, 2017. Revised plans will not be issued for these changes. The project Bid Date -has not changed as a result of these changes. , ) CALIFORNIA BUILDING EVALUATION / & CONSTRUCTION INC. Company Name By �� /� �/ Z, / _� Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Duncan Lee at (714) 536-5431 within 24 hours of posting. CC1420, Addendum No. 4 Pagel Bid Bond CONTRACTOR: (Name, legal status and address) California Building Evaluation and Construction, Inc. 2115 W. Crescent Avenue, Suite 236 Anaheim, CA 92801 OWNER - (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Bond Number: CSBA-5237 SURETY: (Name, legal status and pnnapal place of business Old Republic Surety Company 14728 Pipeline Ave., Suite E Chino, CA 91709 BOND AMOUNT: Ten Percent (10%) of Amount Bid PROJECT: Peck Reservoir Pump Station Electrical Upgrades, CC No. 1420 This document has important legal consequences. Consultation with An attorney is encouraged with respect its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable. Project Number, if any: 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 effect. 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 subcontractors 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 here from 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 (Vitness) 9th day of Iune, 2017 (Prznapal) Eddie Qader, (Seal) Old Republic Surety Co=aa Sure Seal ([Vitness) \1 1 ate) Arturo Ayala, Attorney " - ct By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.o) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that t the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of Orange J On 6/9/17 before me, Arturo Ayala , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Eddie Qader ARTURO AYALA - "y:._ Fio COMM. #2052517 Notary Y Public My -California 0 ORANGE COUNTY a Comm. Expires Jan 10 201E 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 an ici . Signature ' Place Notary Seal Above `gna re of Notary Public o Ayala 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 the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 6/9/17 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Eddie Qader ❑ Individual lib Corporate Officer Title(s): Vice President ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: One Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 06/09/2017 before me, Susan Pugh , Notary Public personally appeared Arturo Ayala 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. SUSAN PUGH le COMM. #2105405 M r Notary Public -California °'` ° ORANGE COUNTY � �,' My Comm, Ocpim Aar 29 2019 I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ MEMBER of LLC ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: DESCRIPTION OF ATTACHED DOCUMENT Bid Bond Title or Type of Document One Number of Pages 06/09/2017 Date of Document SIGNER IS REPRESENTING: Signer(s) other than named above NAME OF PERSON(S) OR ENTITY(IES) C'3U� z?W o��S. :1o' a Q�zc� ZOvul CC —cn= O i-- w QU¢ 3 Uwr cu RECEIVED BY: (Name) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating (Date) H CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for ),--, (Company Name) 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 u)M I��78t�S Gc) CA) /�� 78�) S Approved 9 % /,/ (Council Appp//roval ate) Agenda Item No. 6 City Clerk Vault No. �200- SD SIRE System ID No. ,—W& �-7 This bond was issued in THE FINAL PREMIUM IS Bond No. WCN1247805 two (2) identical counterparts PREDICATED ON THE Premium: $20,435 00 FINAL CONTRACT AMOUNT PERFORMANCE BOND�- KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as "Ciiy") has, by written agreement dated September 1st , 2017, entered into a contract with California Building Evaluation and Construction, Inc. 2115 W Crescent Avenue Suite 236 Anaheim CA 92801 (name and address of Contractor) (hereinafter referred to as "Principal''), for performance of the work described as follows: Peck Reservoir Pump Station Electrical Upgrades Project CC-1420 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt. full and faith,`ui performance of said Contract, by a duty admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety'); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A10, Best, 1'✓loody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Old Republic Surety C mpany 14728 Pipeline Ave. Suite E, Chino CA 91709 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of One Million Six Hundred Ninetv-Three Thousand Five Hundred Thirtv-Five and 001100 Dollars ($ 1,693,535.00 ',, 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 all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") fromany and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity. which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 15--45841117174 Bond No. WCN1247805 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: September 1, 2017 ATTEST California Building Evaluation d Co ruction, Inc. 2115W_Cre n_te _Ave uuite_2...6, Anaheim, CA 92801 (Corporate Seal) - -/(Pnn al Na e) Name: 8 / Title: Vice President ATTEST Old Republic Surety Company 14728 Pipeline Ave.. Suite E, Chino, CA 91709 (Corporate Seal) Name: Arturo Ayala, Attor -m-Fact (Signature of Atto e -in-Fact for Surety) (Attach Attorney -in -Fact Cerificate) 866 611-9509 tArea Code & Telephone Number for Surety) APPROVED AS TO FQR 1° By "Michael E. Gates, City Attorney l,. Note: This bond must be executed in duplicate and dated, all sionatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact .must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ora On September 1, 2017 before me, Shaunna Rozelle Ostrom, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala 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. +� SHAUNNA ROZELLE OSTROM N WITNESS my hand and official seal. ;`j;� COMM.#2159617 a Notary Public -California N ORANGE COUNTY LL a na,.e�• MyComm.Expires Jul 11,2020 Signature , �./ I, - (Seal) Shaunna Rozelle Ostrom ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran On September 1, 2017 before me, Arturo Ayala, Notary Public (insert name and title of the officer) personally appeared Eddie Qader 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 NO (Seal) ARTURO AYALA I( EIZI COMM. #2052517tary Public-CaliforniaORANGE COUNTY LL mm. rxpiresJan 10, 2018 K OLD REPUBLIC SURETY COMPANY Bond No. WCN1247605 ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: DANIEL K. HUCKABAY. ARTURO AYALA, SHAUNNA ROZELLE OSTROM, MICHAEL CASTANEDA, OF ORANGE, CA its true and lawful Atmmey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nsture thereof, (other than bail bonds, bank de silory bonds, mortgage deficiency bonds, mortgage guaranty hrmds, guarantees of installment per and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management (ands, hazardous waste remediation bonds or black lung K,nds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($10,000,000)---------------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, my appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, 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, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 7TH day of JULY, 2017. OLD REPUBLIC SURETY COMPANY SEAL STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS - " • It - - at4 Z 6 President a On this 7fH day o f JULY, 2017 , personally came before me, Alan Pavlic and Jane em�� , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Public My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not Invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-7242 :F ��� ;.., Signed and sealed at the City of Brookfield, WI this tat day of September .2017 g SEAI. rs ^.. Awbtenl This bond was issued in THE FINAL PREMIUM 15 Bond No. WCN1247805 two (2) identical counterparts PREDICATED ON THE FINAL CONTRACT AMOUNT KNOW ALL PERSONS By THESE PRESENTS: crc-i' (/o 4-L- WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to California Building Evaluation and Construction, Inc. 2115 W. Crescent Avenue, Suite 236, Anaheim, CA 92801 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows; Peck Reservoir Pump Station Electrical Upgrades, Project CC-1420 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limifation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE, we, the undersigned Principal, and Old Reoublic Suretv Comoanv 14728 Pipeline Ave. Suite E Chino CA 91709 (name and address of Surety) as Surety, are held and firmly bound unto City in the penal sum of One Million Six Hundred Ninety -Three Thousand Five Hundred Thirty -Five and 00/100 dollars ($ 1 6693 535.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract. or any amounts due under the Unemployment insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Coce, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court, Pa.e 1 Of 2 15-4584/117357 PAY-N4FNT BOND 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, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code § 2845 and 2849, !N WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety; on the date set fortis below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: September 1, 2017 A TEST California Buildin ,Eva(uation d Construction, Inc. 2115 W. Cres rit Avenue. uite 236 Anaheim, CA 92801 (Corporate Seal) ?PrinGipal Name) Narne:"EddlK Qader Title_ Vice President ATTEST Old Republic Surety Company 14728 Pipeline Ave. Suite E Chino CA 91709 (Corporate Seal) (S/ urely/NJ ) By:�='//'' Names Arturo Ayala, p Attorne Fact (Signature of Attor rill -Fact ter Surety) (,Attach ktomey-in-Fact Certificate) L866) 611-9509 (Area Code & Telephone Number for Surety) APPROVED AS TO"F RM Mrhae! E. Gates, City Attorney 4 Note: This bond must be executed in due&cate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. Pape 2 of 2 15-458411 i 7357 PAYNENT BOND ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 1, 2017 before me, Shaunna Rozelle Ostrom, Notary Public (insert name and title of the officer) personally appeared Arturo Ayala 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. SHAUNNA ROZELLE OST�ROM WITNESS my hand and official seal. COMM.#2159617 o: Notary public -California ORANGE COUNTY LL �� • My Comm, Expireslul 11, 2020 Signature / Si n Seal i . L� , 9 (Seal) Shaunna Rozelleib�trom ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran On September 1, 2017 before me, Arturo Ayala, Notary Public (insert name and title of the officer) personally appeared Eddie Qader 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 Arturo Avala (Seal) ��� ARTUf;O AYALA l COMAA #2052517 r �L .� No Public -California a OQANGtCOUNTY LL 1 My 0011111n. Fxpiresian 10, 2018 l REPUBLIC SURETY COMPANY Bond No. WCN1247805 t4 * OLD POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint DANIEL K. HUCKABAY, ARTURO AYALA, SHAUNNA ROZELLE OSTROM. MICHAEL CASTANEDA, OF ORANGE, CA its true and lawful Allomey(s)-in-Fact, with full power and authority, not exceeding S50,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank dopository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED TEN MILLION DOLLARS ($I0,000,000)----------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, 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, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the seine force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 7fH day of JULY 2017. OLD REPUBLIC SURETY COMPANY — -- — SEAL li ATvSbnl �e S� S `n� STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS.., �„a" President On this 7fH day of JULY, 2017 personally came before me, Alan Pavlic and Jane E Chermey , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and my; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. XaMa i ?oSAt`.• .Y �•.'ustx6: `V Notary Pubic My commission expires: 9/28/2018 _ CERTIFICATE (Expiration of notary commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 74-7242 �u.r, s Signed and sealed at the City of Brookfield, WI this lid day of September 2017 e'a SEAL AwsW,l CALIF23 OP ID: M2 .44ccwi D �� CERTIFICATE OF LIABILITY INSURANCE E (MM1DDIYYYY) 70T910812017 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 Hunter Insurance Services, Inc Agency Lic# OD94594 1950 Cordell Ct. Ste 101 El Cajon CA92020 Miriam �. Rothey CONT-NAME Miriam Miriam E. Rothey PHONE FAX AIC No Ez1 :888-815-7639 A1C, No): 619-465-1926 E-MAIL ADDRESS: miriam@hunteronline.com INSURER(S) AFFORDING COVERAGE NAIC A INSURER A: Associated Industries Ins. Co. 123140 INSURED California Building Evaluation INSURERB: United Financial Casualty Co. 111770 & Construction Inc 2115 W. Crescent Ave. Ste #236 Anaheim, CA 92801 INSURERC: National Union Fire Insurance 119445 NSURERD: State Compensation Ins. Fund 35076 E . -INSURER INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR X X AES102644204 05/0912017 05/09/2018 DPREMISES AMAGETO EaRENTED occurrence $ 100,000 MED EXP (Any one person) $ 2,500 PERSONAL & ADV INJURY $ 1,000,000 .AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 GEN'L POLICY � JJEC7 El LOC PRODUCTS - COMPIOPAGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ac, dent $ 1,000,000 BODILY INJIJRY (Per person) $ B ArdY All o X 060301600 03/30/2017 03/30/2018 ALL OWNED X SCII EDULBL AUTOS AUTOS NON-OWiVED X HIRED AUTOS X AU BODILY INJURY (Per accident) $ PROPERTY D.Sfv1AGE (Pzr accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C X EXCESS LIAB CLAIMS -MADE ESU016373518 04/13/2017 04/13/2018 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERfEXECUTIVE Y 1 N OFFICER/MEMBER EXCLUDED? U (Mandatory in NH) N 1 A 15119122017 05/01/2017 05/01/2018 X PER OTH- STATUTE EP. E L EACH ACCIDENT $ 1,000,000 E L DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION of OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requ ) **See Supplemental Page** APPROVED A By, CHAEL E. GATES ITY ATTORNEY WOFTY HUNTINGTON BEACH CERTIFICATE HOLDER &NCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach 200 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach, CA 9264$ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy: AES102644204 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization Is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; cr 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. A person's or organizat'on's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve. maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications: or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring afte r: a. All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properlies, Inc., 2004 Page 1 of 1 POLICY NUMBER: AES102644204 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations ALL PERSONS OR ORGANIZATIONS WHERE WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRES ADDITIONAL INSURED COMPLETED OPERATIONS. THIS FORM DOES NOT APPLY TO YOUR WORK ON "RESIDENTIAL PROPERTY" City of Huntinton Beach, its officers, elected and appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended tc include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described In the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 POLICY NUMBER: AES102644204 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $ ,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage Afor damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of you r projects away from premises owned by or rented to you. B. The following is added to SECTION III — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NX GL 093 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES10264420 COMMERCIAL GENERAL LIABILITY NXGL0090809 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD -PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all othe r valid and collectable insurance available to sum Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy shall in no instance be considered as primary, co-insurance, or contributing insurance Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES102644204 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 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: Blanket as required by written contract Information required to complete this Schedule if net shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: 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 05 09 © Insurance Services Office; Inc., 2008 Pagel of 1 13 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deli- vering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium, or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. VVe"wi[F.mail or 'cieiivef "'oiar""riofice"to `t e""f('fst Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date S. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time dur- ing the policy period and up to three years after- wa rd. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time, C IL 00 17 11 98 b. Give you reports on the conditions we find, and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful', or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any impcction3, survcys, rcports or rcoom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordin- ances or regulations, of boilers, pressure ves- sels or elevators. Premiums The first Named Insured shown in the Declara- tions 1. Is responsible for the payment of all premiums, and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk September 15, 2017 California Building Evaluation & Construction, Inc. Attn: Eddie Qader 2155 W. Cresent Ave., Ste. 236 Anaheim, CA 92801 Re: Peck Reservoir Pump Station Electrical Upgrades Project — CC-1420 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. 4q4o� 944vatw Robin Estanislau, CIVIC City Clerk RE:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID PW 17-029 Page 1 of 2 Meeting Date: 8/7/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/7/2017 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 construction contract with California Building Evaluation & Construction Inc. in the amount of $1,693,535 for the Peck Reservoir Pump Station Electrical Upgrades Project, CC-1420 Statement of Issue: On June 20, 2017, bids were publicly opened for the Peck Reservoir Pump Station Electrical Upgrades Project, CC1420. City Council action is requested to award the construction contract to California Building Evaluation & Construction, the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $2,110,000 are available in the Water Master Plan Account No. 50791043.82100. Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by the California Building Evaluation & Construction Inc., in the amount of $1,693,535; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with alternative action. Analysis: Peck Reservoir Pump Station is located on Springdale Street, north of Bolsa Avenue. The proposed electrical upgrade improvement at the booster pump station is consistent with current design practice to create redundancy for water reliability to the City. This project was identified in the adopted 2016 Water Master Plan. The existing pump station operates solely by natural gas. The primary objective is to modify the existing pump station to accommodate new electrical motors for redundancy and increased water reliability. This will allow City's maintenance staff the ability and option to operate the station by either electrical power or natural gas. Other improvements consist of a new transformer pad/assembly from Southern California Edison, new electrical supply structure, Well No. 7 enclosure structure, pipe enclosure structure, motor control/security building, and a generator to provide back-up power for lighting. Only one bid for the project was received and was opened publicly on June 20, 2017. Item 8. - 1 HB -90- Dept. ID PW 17-029 Page 2 of 2 Meeting Date: 8/7/2017 BIDDER'S NAME BID AMOUNT CORRECTED BID VERIFIED TOTAL (Amount Read at Bid CONTRACT AMOUNT Opening and Basis of Award) California Building $1,693,535.00 No Correction $1,693,535.00 Evaluation & Construction Inc. The lowest responsive and responsible bidder was determined to be California Building Evaluation & Construction Inc. The engineer's estimate for this contract was $1,500,000, which is within eleven (11) percent of California Building Evaluation & Construction Inc.'s bid proposal for amount of $1,693,535. The total project cost is estimated to be $2,110,000, which includes the construction contract, contingency, supplemental expenses, construction management, and inspection. However, it does not include approximately $1,000,000 for the cost of pre -purchased pieces of equipment that have long lead times, such as pump gears, variable frequency drives, motors, etc. Total cost with pre -purchased equipment is estimated to be $3,110,000. Public Works Commission Action: The Public Works Commission reviewed and approved the project on November 19, 2014, with a vote of 6-0-1 (Strook-absent). Environmental Status: The project at Peck Reservoir is categorically exempt pursuant to Section 15301(e) of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Project Location Map for Peck Reservoir Pump Station Electrical Upgrades Project xB _91- Item 8. - 2 Location Map CC1420 — Peck Reservoir Pump Station Electrical Upgrade Project City of Huntington Beach Item 8. - 3 HB -92- CITY OF HUNTINGTON BEACH PROJECT NAME: Peck Reservoir Pump Station Electrical Upgrades CC#: CC 1420 BID OPENING DATE: 6/20/2017 TIME& LOCATION: 10 am Council Chamber ENGINEER'S ESTIMATE: $1,500,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL RANK APPARENT BID AMOUNT United Engineering Environmental Construction SCW Contracting Corp Harry H. Join Construction Inc. Future DB International Inc California Building Evaluation & Construction Cora Constructors Inc. Minco Construction Amtek Construction R C Foster Corporation Tharsos Inc. R & H Industries DBA Best Electric Pyramid Building & Engineering Murphy Industrial PTS 11122014 Version 15 CC1420 W o` i = c�cL..M N U L/J LAC s..c.iz � OW ('e - 1��6 NO1JNt1NnH `OU10 Alto 00 :01 wn oZ Nnr an G3A13338 2&1;7 z V 4 Ci f*i ZO-4 dwir. o-<c� R1 On YK zs,=� cAw -4 �C M zoo �3a. < f 0 � 0 o t11 C) r... rn �K o p !"i O --c 1 NOTICE INVITING SEALED BIDS for the construction of PECK RESERVOIR PUMP STATION ELECTRICAL UPGRADES CC No. 1420 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 Proiects 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 June 20, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Bidder shall attend at least one of the two available Mandatory Pre -Bid Meetings, which will be held on Thursday, June 1 and Thursday June 8, 2017, at 9:00 AM, at The City of Huntington Beach job site, located at: Peck Reservoir Pump Station Site 14621Springdale Street Huntington Beach, CA 92647 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 5100.00 nonrefundable fee if picked up, or payment of a $120.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract documents can be downloaded free on AGENCY website. htto://www.huntingtonbeachca.goy/government, deaa,tm. s/aublic works/Bids/ 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 mini- mum 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 Rela- tions 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 pro- visions 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 afford- ed 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 considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier's check, or bidders bond made payable to the AGEN- CY 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 Contractors 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 exten- sion of unit prices will be subject to verification by the AGENCY. In case of a variation be- tween the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of adding multiple new enclosed building structures, one structure with removable roof and walls, new motor access Platform, new standby generator, new vertical pump motors (owner furnish), new combination gears (owner furnish), new motor control center (owner furnish), new main switchboard and transformer in the new electrical room (owner furnished), new switchboard, concrete pad and perimeter fencing to house Southern California Edison (•SCE•) transformer and electrical equipment, coordination with SCE, new electrical busway, new air exhaust fans and assembly, new indoor AC unit system, new indoor and outdoor lighting, relocation of existing controls and electrical equip- ment, and trenching for new electrical conduits and piping, a separate fire depart- ment permit for fluoride storage and new CMU wall enclosure, containment, leaking detector / sensor requirements for fluoride tank. More detailed scope of works is in- cluded in Technical Provisions SECTION 011000, Summary. The contract shall allow the Contractor 220 working days to complete the contract. The engi- neers estimate of probable construction cost for the work included in the basis of award is $1.5 million. The AGENCY reserves the right to require the Contractor, subcontractors, and consultants to use an online cloud -based construction management system for this project. Such online construction management system service is selected and paid for separately by the AGEN- CY with no cost to the Contractor, subcontractors, and consultants. The AGENCY reserves the right to reiect 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 6thday of September 201b. by Resolution No. 2016-58. Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave May 25, June 1, 201710952021 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach., County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 25, June 1, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on June 1, 2017 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 Proof of Publication NOTICE INVITING SEALED BID S for the construction of PECK RESERVOIR PUMP STATION 1ELECTRICAL UPGRADES in the CITY OF HUNTINGTON BEACH. PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH , as 4GENCY, invites sealed bids for the above stated Projects and will receive such bids in the 3ffice of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 10:00 AM on June 20, 2017. Bids will be publicly opened in the Council Chambers unless otherwise Posted. Bidder shall attend at least one of the two available Mandatory Pre -Bid Meetings, which will be held on Thursday, June 1 and Thursday June 8, 2017, at 9:00 AM, at The City of Huntington Beach job site, located at: Peck Reservoir Pump Station Site 14621 Springdale Street Huntington Beach, CA 92647 of the Plans, Specifications, and contract documents are available from the _- _ .. r... TALI . � anon AA,.i,. cfroot. Huntinaton Beach. CA 92648, upon P[ 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 mini- mum 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 Relo- fin of the state of California, which are on file at the Office of the Director of Public Works, 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 pro- visions 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 afford- ed full opportunity to submit bids in responseto this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier'scheck, or bidder'sbond made payable to the AGEN- CY 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 possessbusiness licenses from the AGENCY. All exten- sion of unit prices will be subject to verification by the AGENCY. In case of a variation be- tween the unit price and the extension, the unit Pricewill govern. Project Description: The project consists Primarily of adding multiple new enclosed building structures, one structure with removable roof and walls; new motor access platform, new standby generator, new vertical pump motors (owner furnish), new combination gears (owner furnish), new motor control center (owner furnish), new main switchboard and transformer in the new electrical room (owner furnished), new switchboard, concrete pad and Perimeter fencing to house Southern California Edison ("SCE") transformer and electrical equipment, coordination with SCE, new electrical busway, .new air exhaust fans and assembly, new indoor AC unit system, new indoor and outdoor lighting, relocation of existing controls and electrical equip- ment, and trenching for new electrical conduits and piping, a separate fire depart- ment permit for fluoride storage and new CMU wall enclosure, containment, leaking detector / sensor requirements for fluoride tank. More detailed scope of works is in- cluded in Technical Provisions SECTION 011000, Summary. The contract shall allow the Contractor 220 working days to complete othe contract. The engi- neer's estimate of probable construction cost for the work included in the basis of award is $1.5 million. The AGENCY reserves the right to require the Contractor, subcontractors, and consultants to use an online cloud -based construction management system for this project. Such online construction management system service is selected and paid for separately by the AGEN- CY with no cost to the Contractor, subcontractors, and consultants. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the.CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 20J by Resolution No. 2016-58 . Attest: /s/ Robin Estanislou CITY CLERK OF THE CITY OF HUNTI NGTON BEACH Published: The Huntington Beach Wave May 25, June 1, 201710952021 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; i am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City ofHuntington Beach, County t of Orange, State of Califomia; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 25, June 1, 2017 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on June 1, 2017 Signature Huntington Beach Wave 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 Proof of Publication NOTICE INVITING SEALED BID S for the construction of PECK RESERVOIR PUMP STATION ELECTRICAL UPGRADES CC No. 1420 . 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 June20, 2017. Bids will be publicly opened in the Council Chambers unless otherwise posted. Bidder shall attend at least one of the two available Mandatory Pre -Bid Meetings, which will'be held on Thursday, June 1 and Thursday June 8, 2017, at 9:00 AM, at The City of Huntington Beach job site, located at: Peck Reservoir Pump Station Site 14621Springdale Street Huntington Beach, CA 92647 1 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 $100.00 nonrefundable fee if picked up, or payment of a $120.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifi- cations, and contract d9cuments cart be downloaded free on AGENCY website. http //www hunimgtonbeachca gov/governmenydepartmenis/pub ibc works/Bids/ 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 mini- mum 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 Rela- tions of the State of California, which are on file of 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 pro- visions 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 afford- ed 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 considera- tion leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be oc- companied by a certified check, cashier'scheck, or bidder's bond made payable to the AGEN- CY 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 Possessbusiness licenses from the AGENCY. All exten- sion of unit Prices will be subject to verification by the AGENCY. In case of a variation be- tween the unit price and the extension, the unit price will govern. Proiect Description: The project consists Primarily of adding multiple new enclosed building structures, one structure with removable roof and walls, new motor access platform, new standby generator, new vertical pump motors (owner furnish), new combination gears (owner furnish), new motor control center (owner furnish), new main switchboard and transformer in the new electrical room (owner furnished), new switchboard, concrete pad and perimeter fencing to house Southern California Edison ("SCE") transformer and electrical equipment, coordination with SCE, new electrical busway, new air exhdpst fans and assembly, new indoor AC unit system, new indoor and outdoor lighting, relocation of existing controls and electrical equip- ment, and trenching for new electrical conduits and piping, a separate fire depart. ment permit for fluoride storage and new CMU wall enclosure, containment, leaking detector /sensor requirements for fluoride tank. More detailed scope of works is in- cluded in Technical Provisions SECTIM 011000, Summary. The contract shall allow the Contractor 220 working days to complete the contract. The engi- neer's estimate of probable construction cost for the work included in the basis of award is $1.5 million. The AGENCY reserves the right to require the Contractor, subcontractors, and consultants to use an online cloud -based construction management system for this project. Such online construction management system service is selected and paid for separately by the AGEN- CY with no cost to the Contractor, subcontractors, and consultants. 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. the6thdayofSeptemlber2_016,bylResolutionlNo.2016-5gNTINGTON BEACH, CALIFORNIA, Attest: /s/ Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published: The Huntington Beach Wave May 25, June 1, 201710952021