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HomeMy WebLinkAboutGarcia Juarez Construction, Inc. - 2011-01-18RECEIVED 3Y: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (N after signing/dating (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Shmi City Treasurer ? /J JUL 2 8 2011 FROM: ( 7 (_ . 7 ,� Cc�. DATE: o� SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Co cal Ap royal Date) � City Clerk Vault No , #27 g1followup/bondletter.doc RECEIVED/BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name') after signing/dating (Date) 0 -A., CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: -Shari=Freiden rich, City Treasurer FROM: 7y DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (Council Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. 2Y �Z7 4 #27 g1followup/bondlefter.doc 10i2d City f Huntington Beach 01D INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Joseph Dale, Contract Administrator DATE: June 27, 2011 SUBJECT: Retention Release Payment Company Name: Garcia Juarez Contruction,inc. Address: P.O. Box 309 City, State and Zip Code: Brea, CA 92822 Phone Number: (951) 657-3535 Business License Number: A260114 Local Address: N/A Notice of Completion Date: May 24, 2011 Contract Purpose: Retention Release for Construction Contract 1368, Gravity Sewer Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject §It this time. 7' s -4/ Date V Travis K. H , Public Works Director I certify that there are no outstanding invoices on filR�Uvj�� Cy!fy i //��ff//,,// Date Alisa Cutchen, City Treasurer I certify that no stop notices are on file on the subject contract, has been filed with this office. at oan,Flynn,91 and that a guaranty bond Clerk Retention —Release —Internal Memo 6/28/2011 3:00:00 PM RECEIVED BY: (Name) (Date) Ljo TO: FROM: DATE: SUBJECT: City Treasurer Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved 4� (CouhAlAp,droval Date) /,;�0 �334?/ Agenda Item No. City Clerk Vault No. CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g1followup/bondlefter.doc Bond No.12073391 Executed in Duplicate Premium Included in Performance Bond MAINTENANCE BOLD KNOW ALL MEN BY THEME PRESENTS: That: Garcia Juarez Construction, Inc. _______tcontmda'anwwl 4517 Wade Avenue Perris,- CA 92571 fwuramrs atree wwwm city and staW end Ap code] -- - as Principal (hereinafter called Contractor), and_ The Guarantee Company of North America USA [surety's none} 1800 Sutter Street, Suite 880, Concord, CA 94520 tsurety's sveet address, dty and staW and zip cacti) a corporation organized and existing under the laws of the State of Michigan with its principal otke in the City of Southfield as Surety (hereinafter called Surety), are held 5rmty bound unte CITY OF HUNTINGTON BEACH as Oblige (hereinafter called Owner), in the amount of Three Hundred Ninety Two Thousand Two Hundred Fifty and n2/100 1Jotlars ($ 392,250.00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. firmly bythese presents, WHEREAS, Contractor ha 5 by w► itten agreement dated entered into a contract with Owner for the CC-1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo - Contract Signature —in acoordance with drawings and specifications prepared by --- - -- - which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contrast provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship,. and WHEREAS, the Contract also provides that the Contractor shah secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of. Caghxnia; and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be May 23 20 11 _ NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shaft, for a period of one year from and aft the date of completion and acceptance of the Contract by Owner, repair and/or replace any and an def+ecfs arising in the Work, whether resulting from defective materials or defective W0rkm8nsttlp, then this obligation Shall be. null and void; otherwise it wilt remain in full force and effect. The Surety hereby waives notice of any atkwation or extension of time made by the Owner_ Whenever Contractor shah be, and declared by Owner to be ®t default under the Contract, the Surety shal. within thirty (30) fAming Owner's written notice of default, either. (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the. default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract, which shall include without limi aHon, any breach or default of the Contract, then. after wridan notice from the Owner W the Surety, as provided for below, the Surety shall either_ (a) remedy the default or breach by the Principal; or (b) shag promptly and faithfully take charge of the Work and complete the Work to accordance with the requirement, of the Contract with a contractor other than the Principal, at its own expense, and make available as work progresses sufficient funds to pay the cast of compN.rm less the unpaid balance of the Contract including other costs and damages for which the surely may be liable hereunder,, provided, however, that the procedure by which the Surety undertakes to disahaW its obligations under this Bond shall be subject to the advance wiritten approval of lire Owner_ Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice, in writing, of the Surety's election to (a) remedy the defaul(s) of the Principal promptly, or (b) arrange for performance of the Contract promptly by a contractor other than the Principal, time Ming of essence to this Bond. In said Notice of Election, the Surety shall stafe the date of commencement of its cure or remedy of the Principal's defoutt(s) or its performance of the Contract. The Suretyrs obligations for cure or remedy, include but are not iimhed to: correction of defective work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed perkwmance or non- performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the core or remedy of the Principal's default(s) of its perfoormance of the Contract If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Pd iclpars defatmlt(s) of its peftrmance of the Work within thirty (30) days attar receipt of a written notice from Owner, Surety shalt be deemed to be in default on this bond, and the Ownershaff be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other hart ftme Owner named herein or the successors of Owner. Signed and sealed this 23rd Principal Raised Corporate Seal (MUST BE AFFIXED] Principal Raised Corporate Seal IMuST BE AFFIXED] day of May 20 11 Garcia.Juarez onstructi n Inc. (Contractor Name) By: 0 The Guarantee Company of North America USA (Surety (dame) By: (Seat) William yrki orney-in-Fact NOTES- 1 _ Adcnov Wwnen% nwst be completed and niunwd = part ofthe bona. =CYXOAMt TF2. Ran e.+d CarpOMM Seats are randatrny.3.. Pleaseattach POwOr of Atmmey. Qty 2 10-2s61/50s83 State of California County of Riverside On % .Z! ! dayl before me, Leon Lopez, Notary Public Date' Here Insert Name and Tftle of the Officer personally appeared Jim Jackson Narne(s) of signer(s) LEON NORIEGA LOPEZ COMM. #1907501 °C NOTARY PUBLIC - CALIFORNIA co? RIVERSIDE COUNTY {� My Comm. Expires Oct. 9, 2014 A Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/sheM"y executed the same in his/ha4h& authorized capacity(tee), and that by hi §9## & signatures} on the instrument the person(&}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han fficial seat. Signature gnature of Notary Pubtic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson 0 Individual 0 Corporate Officer — Title(s): President & Secretary C Partner — CI Limited D General D Attorney in Fact Tap of thumb here El Trustee Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: • Individual 0 Corporate Officer — Title(s): _ C Partner — 0 Limited C General _! Attorney in Fact C Trustee i_ Guardian or Conservator 0 Other: Signer is Representing: ' RIl ; r'1 T, T H i J ra E3 rx rifftTc GF�.>tiSNErt, ___ ,��✓ �yf_ icy e�{.a✓fj��y:ihiyf'✓C.h�f?✓�✓f4�A✓'+:`r�'1�:'sif�'�41v ��:.�r�4�rfa✓.�f]ufy��12h'�yf.fsf`�<�rst'z✓f' iei:�✓f',vvf'ru.',vri CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 05/23/11 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that r he/sNef4htey executed the same in his/hw4he# authorized UHAAS-BATES capacity(ies), and that by hisA+erltfieif signature(c} on the ®® NOTARY CM. # 1966CALIFORNIA u instrument the person(*, or the entity upon behalf of ORANGE COUNTY 0 which the person(s}acted, executed the instrument. COMM. EXPIRES APRIL 22 2012 r 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 � .% Place Notary Seal Above Signatur"otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond No. 12073391 Document Date: 05/23/11 Number of Pages: Two (2) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual El Corporate Officer — Title(s): Partner — ❑ Limited D General _ p Attorney in Fact • Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Signer's Name: C Individual 0 Corporate Officer — Title(s): Partner — O Limited ❑ General Attorney in Fact Trustee Guardian or Conservator O Other: Signer Is Representing: flIi:HTTHUMOPP T OF SIGNER, i i i 02007 National Notary Association • 9350 De Soto Ave_ P.O. Box 2402 • Chatsworth, CA 91313-2402 • www NationaiNotaryorg Item 1f5907 Reorder. Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company. thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written persona( notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed_ IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused GJpE,NTEfoo4 _ im vY /^— ` v this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA. . ye J STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. Cw- County of Oakland My Commission Expires February 2012 C/' / Acting in Oakland County y //� � I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITINESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 23rd day of May , 2011 .. wNTEF e J o A �yay` Randall Musselman, Secretary �R%AMER�P Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC — 13 C E The undersigned contractor on the above -referenced project C`Projec e j hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perfomaing work under the contract for the Project have been paid pursuant to the Aummum wage and bona fide fringe benefit 'n quvements specified for each pardcular classification of work, as set forth in the wagexate dermunations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this .2S day of 20 // / , at California. Garcia JuarPz-C�onstructlotn Inc. (Type Bar / -- - --r, c� CAL s a Name: [type Noel,,," pff-S Title: [Type MuNTNI, �b� CriT-ATIDRN£Y 1 W54z.1 cs.ab •Cap 1,state and certify that: (Name of Declarant) 1. Garcia Juarez Construction Inc. is the general contractor to the City of Huntington Beach ("City) on Contract No. Ce - / 3 6 8 (the "Contract") for the construction of the public work of improvement entitled: Yr,if6-"k,d'I _ r (the "Project"). 2. All work to be performed purmm t to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to &e Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): C)A,) 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed- claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of Califamia (list all disputed claims; if ndue, write "NONE"}: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at F-P— ' (` ` S on this APPROVED AS TO FORM By; r �t7/a ilJ 3.1.a•8t? Name: [Type Name] Title: [Type Title] ZW141 Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main StreeW-O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project (`Project") hereby certifies that it has complied with Title VIT of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any- employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). T declare under penalty of perjury under the laws of the State of California that the foregoing is true and. correct. Executed. this 2-'5 day of i, �l , 20 / � at fP fr c' -S , California. Garcia Ju pr C nstruction inc. (Type Co r am e} By: Name: e 14 e Title: Type -- ,z-• ., „� _ 1 24911► -to 3•2�6°Cxp Bond No.12073391 Executed in Duplicate Premium Included in Performance Bond MAINTENANCE BOND KNOW ALL MEN BY TH03E PRESts`WS= That: Garcia Juarez Construction, Inc. ______Jeontraetor'a name] 4517 Wade Avenue, Perris CA 92571 [CaatlaCWz at eat addrew CKY and state and zip erode] as Principal (hereinafter caged Contractor), and: The Guarantee Company of North America USA _sum y's name] 1800 Sutter Street, Suite 880, Concord, CA 94520 tsuivWs street addrms, cJtY and state and zip code_] a corporation organized and existing under the lavers of the State of Michigan with Its principal othee in the City of Southfield as Surety (hereinafter called Surety), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Three Hundred Ninety Two Thousand Two Hundred Fifty and not100 Dollars ($ 392,250.00 , for the payment whereof Contractor and Surety bind themselves, their hears, executors. admin"rsiraDdrs, successors, and assigns, jointly and se oeraHy, firmly by these presents, WHEREAS, Contractor hm by written agreement dated entered into a contract with Owner for the CC-1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo - Contract Signature in accordance with drawings and specifications prepared by - which contract is by reference made a part hereof (hereinafter referred to as the Contract); and WHEREAS, the Contract provides that the principal will guarantee, for a period of one year, the work performed as part of the Contract from and against all defects in materials and workmanship; and WHEREAS, the Contract also provides that the Contractor shall secure Contractor's obligations during the one- year period with a bond executed by a surety duly admitted in the state of CairforNa: and WHEREAS, the Contract has been completed, and the Owner, Contractor and Surety agree that the commencement date for this Guarantee and Bond shall be May 23 2U 1 � NOW, THEREFORE, THE CONDrnON OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair andfor replace any and afi defects arising in the Work, whether resutting from defective materiais or dek=tive workmanship, then this obligation shall be nuU and void; otherwise it will remain in full force and effect The Surety hereby waives notice of any adoration or extension of time made by the Owner. Whenever Contractor shall be, end declared by Owner to be lit default under the Conllrac l% the Surety shell. within thirty (30) fuilowing Owner's written notice of default, either: (a) remedy the default or (b) shall promptly compere the Contract in accordance with its terms and conditions, Surety shall save the Owner harmless tram any dims, judgments, lien or losses arising from the SwWs ferilure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the Owner to be in default under the Contract which shall include without limitation, any breach or default of the Contract, then, after wrftn notice from the Owner to the Surety. as provided for below, the Surety shall either. (a) remedy the default or breach by the Princoal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the regrsremerrts of the Conti with a contractor other than the Prindipal, at its own expense, and matte available 10-25671.CADM as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contracx including other costs and damages for which the surety may be liable hemender, provided, however, that the procedure by which the Surety undertakes to dkdWrge its obligations under this Bond shall be subject to the advance vA itten approval of the Owner - Within thirty (30) days after Surety's receipt of a written notice from Owner of the faiture of performance of the Contract by the Principal, it shall be the duty of the Surety to give too the Owner a notice. in writing. of the Surety's election to (a) rernedy the defaults) of the Principal promptly, or (b) arrange for performance of the GontXaci promptly by a contracwr other than the Principal, time being of essence to this Bond. In Said Notice of Elections, the Surety shall state the date of commencement of ft cure or remedy of the Principal's defaults) or its performance of the Contract, The Surety's obligations for cure or remedy, include but are not IW*ed to: won of defective work and completion of the Contract, additional legal, design professional and May oosts arising from Surety s actions or failure to act and liquidated damages (or if no liquidated damages are spec led in the contract, actual damages caused by delayed performancse or non- performance by the Prirkdpal)_ The Surety shalt give prompt written notice to the Owner upon completion of the cure or remedy of the Principals defaults) of its performance of the Contract If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Princfipafs defauk(s) of its performance of the Work within thirty (30) days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond, and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation Other than the Owner named herein or the successors of Owner_ Signed and sealer! this 23rd day of May 20.11 Principal Raised Corporate Seat (MUST BE AFFIXED] Principal Raised Corporata Seal JMUST BE AFFIXED] raOTM I- Adumiedgmerds mc►st be campleW ord rehnned as pan of ft bond. ySeals we mandauxy 3- i1��f P*A V. 10-2567MS83 Garcia J BY: (rifle) i, Inc. Ntarrre) The Guarantee Company of North America USA - (Surety Name) By; {i) William yrki orney-in-Fact 2 J 1 `I tiUlh` CALOFORNIA ALL-PURPOSE ACKNOWLEDGMENT (..j�!'�.!�.:'�.!:\']...5.;�.�D��.ij>'�,..j�:.jg,:TC�tc?.,��.i.,::�S,y�S�S�ij�;'7SA�$�+,i,i�L�!���.,.�C?ca3S::j>��q..cJYi�:;�>,:�>�.�.+:.�.:.j;/,,.?¢,��♦ sj>..jv.j State of California County of Riverside On before me, Leon Lopez, Notary Public Date' Here insert Name and Title of the Officer personally appeared Jim Jackson Name(s) of Stgner(s) LEON NORIEGA LOPEZ COMM. #1907501 ex NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 I� Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(~) whose name(&) is/afe subscribed to the within instrument and acknowledged to me that he/ executed the same in hi&%oFAh x authorized capacity(), and that by his/!;� signature(4 on the instrument the person(e} or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanZ-gnature fficial seal Signature of Notary Public OPTIONAL ®g TONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Catpacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson * Individual * Corporate Officer —Title President & Secretary G Partner — 0 Limited 0 General _ * Attorney in Fact ! Trustee Top of thumb here Guardian or Conservator u Other: Signer Is Representing: Garcia Juarez construction, Inc. Number of Pages: Signer's Name: El Individual Q Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General `0 Attorney, in Fact C Trustee i= Guardian or Conservator 0 Other: Signer Is Representing: OF+SIGNER �''✓:��'f "�<�= <._ :�'<'y'<�yf'c,. a�<'✓<'✓4`ei<'✓i•eii•�:'v •G�••+/,4'Y<-?i��._.a�. _.�<� r�.,.�.:�G�e�f�:i<'✓<'v<v<'y •.�f'.v `v:`i<��� •ry<'.i 'ar;`•✓t'.•� •v Iv.'�v • State of California County of Orange On 05/23/11 before me, R. Haas -Bates, Notary Public Date - Here Insert Name and Title of the Officer personally appeared William Syrkin who proved to me on the basis of satisfactory evidence to be the person( whose names) is/eye subscribed to the within instrument and acknowledged to me that hefisrl Bey executed the same in his/4e4##s4 authorized U EVdER • R. HAAS-BATES capacity(ies), and that by his/heAloie4 signatures} on the COMM. # 1796169 instrument the person(, or the entity upon behalf of ®® t NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY n which the person(s}acted, executed the instrument. COMM.'EXPIRES APRIL 22 2012 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 seat. Signature Al Place Notary Seat Above Signatur . Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond No. 12073391, Document Date: 05/23/11 Number of Pages: Two (2) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer — Title(s): Partner — 0 Limited ❑ General p Attorney in Fact W. FIR Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Signer's NamE Individual G' Corporate Officer — Title(s): _ 't't Partner — O Limited r General Attorney in Fact C Trustee L. Guardian or Conservator 0 Other: Signer Is Representing: At GH TTH U h I B P %NT,,,, 01 SIGNErR, C 2007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 • wvw.NationaiNotaryorg Item #5907 Reorder. Call Toll -Free 1-800-876.6827 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard .Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful atomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31" day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused UJ�rore�cO q �m v� this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA p v ye AM STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takei IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012�% , *.' Acting in Oakland County AJ a , 1, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 23rd day of May , 2011 pPpHrEF C U�y may: Randall Musselman, Secretary °'Pnr ArR`�P CertMeaddh of CompLinc a wn Prevailing Wage Laws To: City of Hunfington, Beach Department of Public Works 2000 Main StreetlP.®. Box 190 HuntingWn Bead, CA 92648 Re: Certification of Comphm= with Prevailing Wage Laws Contract: C-C - 13 C F- Project: C-1-to 'J, S e T The undersigned contractor on the above-aeferweed project Moject l hereby certifies that all laborers, mecbanic s, apprentices, trainees, watchmen. and guards employed by bsm or by any subcontractor performing work under the contract for the Project have been paid pursuant to the mhummn wage and bom fide fringe benefit Tequvemews specified for each pa mcular classification of work, as set fords in &a wage -raft of the State of California, Department of Industrial Relations, and/or the United States went of Labor. I declare under penalty of perjury under the taws of the State of O iifomia that the fioregoing is true and correct. Executed this —? 'S, day of /� , 20 / / , at _ P� + ` S , California. - Garcia .hare c-nstruefion Inc. MW Cow "Wi B3r � TL Title: [Type TO itr I 247547-1 -MIT US-ab .CIO 0 M(CTOWS � CATE I, wL cJ`a- c. Qc state and cerdfy that: {Name of Declarant} . Garcia Juarez Construction lure, is the general contractor to the City of Huntington Beach on Contract No. Ce - / 3 6 8 (the "Contract") for the construction of the public work of improvement emitted: (the `Projecf'). 2. All work to be performed pursuant to the Conaaa has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the, claims Hsted.beiow and the disputed claims fisted is paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied MA unpaid debts and claims, if none, write "NOW): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, dials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed. claims or claims that are the subject of a Notice to W-9bliold filed pint to the Civil Code of ffi.e State of California (list all disputed claims; if ndrre, write `WONE'i: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at r S Ion APPROVED AS TO FORM Name: [Type Name] Title: [Type Title] $M4.1 Cerrtific adon of Compliance with Title VU of the CIVil its Act and Equal Employment Oplwrhtnity Act of 1972. To: City of Huntington Beach Department of Public Works 2000 Main StreeVP.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title Vii of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract. Project; The ursdavigned contractor on the abovegeferenced project ("Project") hereby certifies that it has oomphed with Tile VR of ties {civil Rights Act, the FApW Opgoruwty Act of 1972 and Executive Order 11246, and has not discxi�d against any- employee or applicant for employmmt because of rare, creed, color, sex, national origin, age or disability. The undcrd� actor also certifies that it has not maw any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of ass for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Z 5 day of _ t- , 20 / I. at �'� r- t' -s , California. Garcia Ju ez C �as�}sc�c3r an inc. (T)pe r ame} By: A Name: e Title: e n tom. 1 Company Profile Page 1 of 1 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information GUARANTEE COMPANY OF NORTH AMERICA USA (THE) 25800 NORTHWESTERN HWY., STE. 720 SOUTHFIELD, MI48075 Old Company Names Effective Date MID -STATE SURETY CORPORATION 12/20/2006 back to top Agent For Service JERE KEPRIOS C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES CA 90017 back to top Reference Information NAIC #: 36650 California Company ID #: 4609-4 Date Authorized in California: 10/14/1999 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty1 State of Domicile: 1 MICHIGAN back to top NAIC Group List NAIC Group #: 0000 back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 1 /21 /2011 CONSENT OF SURETY TO REDUCTION IN OWNER ❑ OR PARTIAL RELEASE OF RETAINAGE ARCHITECT ❑ ❑ Conforms with the American Institute of CONTRACTOR Architects, AIA Document G707A Bond No.: 12073391 SURETY Executed in Duplicate OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO: (Nam, and address) C C-1368 CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648-2702 CONTRACT FOR: Sewer Installation PROJECT: CONTRACT DATED: (Name and address) CC-1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo - Contract Signatures Huntington Beach, California In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) The Guarantee Company of North America USA 1800 Sutter Street, Ste 880, Concord, CA 94520 ,SURETY, on bond of (Insert name and address of Contractor) Garcia Juarez Construction, Inc. P.O. Box 309, Brea, CA 92822 ,CONTRACTOR, hereby approves the reduction in or partial release of retainage to the Contractor as follows: Release of Retention The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648-2702 as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: May 23, 2011 (Insert in writing the month followed by the numeric date and year.) Attest: (Seal): S-2133/GEEF 12/00 The Guarantee Company of North America USA (Surety) (Signature of aut ri_ed repres tative) William Syrkin, Attorney -in -Fact (Printed name and title) , OWNER, FRP THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused 6JPRpNTEp C0 .�G this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA o yc �ow Y STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. *� Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 n�= Acting in Oakland County 19 I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WIT ESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 23rd day of May , 2011 UJPQp.NTEg CO'i 0- may` Randall Musselman, Secretary �'ph/ AMER�GP State of California County of Orange On 05/23/11 before me, R. Haas -Bates, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) TZ U r fUREO'. Y R•iHAAS-BgTES U '® COW # 1796169 ? NOTARY PUBLIC • CALIFORNIA 0 "Foa" ORANGE COUNTY q COMM' EXPIRES APRIL 22 SOIZ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sr) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she" executed the same in his/hsfi 0A* authorized capacity(), and that by his/he#41494 signature(€} on the instrument the person(}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature g t.26en""zk�7 Signature oT Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Consent of Surety - Bond No. 12073391 Document Date: 05/23/11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Individual Er Corporate Officer --- Title(s): El Partner — r Limited 0 General p Attorney in Fact Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Number of Pages: One (1 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ Partner — O Limited 10 General D Attorney in Fact i Trustee Guardian or Conservator J Other: Signer Is Representing: Top of thumb here ©2007National Notary Association -9350DeSoto Ave.,PO_ Box 2402•Chatsworth, CA 91313-2402•www.NationaiNctaryorg Item#5907 Reorder: Call Toll -Free 1.800-876-6827 City of Huntingtor 000 Main Street PO Box 190 ', Travis K. Hopkins, PE Director May 19, 2011 Garcia Juarez Construction, Inc. Mr. James Jackson, President PO Box 309 Brea, CA 92822-0309 Beach 92648 Department of Public Works (714)536-5431 Subject: CC- 1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo — Informal Acceptance Dear Mr. Jackson: Please be advised that on Wednesday, May 18, 2011 the City informally accepted the improvements constructed per CC-1374. This informal acceptance ,is limited to only: A release of liability from usage of the improvements by the public. This release does not include those responsibilities for accidents occurring as a result of defective workmanship. 2. Termination of contract construction time. Retention funds withheld during this project will be released 35 days after the recordation of the Notice of Completion by the County of Orange. In order to release the retention funds the following items must be submitted for approval, to the City: 1. Furnish a Certificate of Compliance for Prevailing Wages (enclosed). 2. Furnish the Contractor's Certificate (enclosed). 3. Furnish Title VI Certificate of Compliance (enclosed). 4. Unconditional releases from the preliminary notices 5. Furnish 1 year Maintenance Bond. 6. Furnish "As -Built" plans. 7. Authorization from your surety to release retention funds. 8. Completion of any punch list Items (enclosed). Should you have any questions, please call me at (714) 536-5915. Sincerely oseph Dale ontract Administrator Enclosures JD:cs PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIII111111111111III111111III111111I111111111111111111I1 NO FEE 2011000256344 12:54pm 05/24/11 93 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Gracia Juarez Construction, Inc. who was the company thereon for doing the following work to -wit: GRAVITY SEWER INSTALLATION & OCEAN HILL PUMP STATION DEMOLITION, CC-1368 That said work was completed May 19, 2011 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on May 19, 2011, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Interstate Fire and Casualty was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this May 23, 2011. f f� hector of P lic Works or City Engineer /JCity of Huntington Beach, California K/- STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder o range County. i Dated at Huntington Beach, California, this May 23, 2011. erector of Public Works or City Engineer This document is solely the official business of City of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) - ...-.-r«.,.-;.....,�..�9`,n,_....+.:.._a_,:..3a-,.».,:�+,a.-„r...�,...w-.,,•.,,,.w.:�•r-.-,-.r_:,tr�-+.,�...,-:y�.o_f.: '^.'v`;.K'J`:�. .�„„_-r.^"""'•`....-...Jr.-._...c..... -..._ .. �,.v...--,-..-�-w.,..—�..,.--;.v RECEIVED BY: CITY CLERK RECEIPT COPY c Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) L m CITY OF HUNTINGTON BEACH [7-77 INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer r �1 FROM: / 7% DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. 1-11 CC No. (OQ MSC No. L/i rTI -1 Lam' / I_ (Company Name)) Approved / ----AQ// Agenda Item No. (Council Approval Date) � oo"j—D City Clerk Vault No. #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Garcia Juarez Construction FOR Gravity Sewer Installation & Lift Station Demolition, Oceanhill Dr., CC-1368 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 1.0. INDEPENDENT CONTRACTOR 7 II. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 1.8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Garcia Juarez Construction FOR Gravity Sewer Installation & Lift Station Demolition, Oceanhill Dr., CC-1368 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Garcia Juarez Construction , a California Corporation , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Gravity Sewer Installation & Lift Station Demolition, Oceanhill Dr., CC-1368 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK,• ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst I of 22 5110 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 2 of 22 5110 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 3 of 22 5/10 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum Three Hundred Ninety -Two Thousand not to exceed Two Hundred Fifty Dollars ($ 392, 250.00 )� 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 Eighty ( 80 ) consecutive working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 4 of 22 5/ 10 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the glagree/surfnet/cityconst 5 of 22 5/10 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 5/10 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst % of 22 5110 the sum of Five Hundred Dollars ($ 500.00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 8 of 22 5/10 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/su fnet/cityconst 9 of 22 5/10 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/swfnet/cityconst 10 of 22 5110 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 11 of 22 5110 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12 of 22 5/10 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. &gree/surfnet/cityconst 13 of 22 5/ 10 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 14 of 22 5110 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 15 of 22 5110 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 16 of 22 5110 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 17 of 22 5/10 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Joseph Dale 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Garcia Juarez Construction Attn: Mr. Jim Jackson P.O. Box 309 Brea, CA 92822-0309 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 18 of 22 5110 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 19 of 22 5110 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 20 of 22 5110 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 21 of 22 5110 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers onZ, 20�. CONTRACTOR Garcia Juarez Construction Inc. CITY OF HUNTINGTON BEACH, a municipal Pn= California Cr ity Clerk z#11 INITIATED AND APPROVED: ?�! + Director o Pu is Works print name ITS: (circle one Secretary Chief Financial Officer/Asst. Secretary - Treasurer g/agree/surfnet/cityconst 22 of 22 5110 REV �DAN OVED: cv City Administrator APPROVED AS TO FORM: -- 7 , City Attorney CALIFORNIA-ACKNOWLEDGMENT . <..:� �a_�.ry?L ..�4,.a %a�..�SA ..T�..� ���ti T.✓:a�.�.'.�.,: ������s�:��. State of California County of Riverside On T4.+ka.. before me, Leon Lopez, Notary Public PIRe Here Insert Name and Title of the Officer personally appeared Jim Jackson Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is/a% subscribed to the within instrument and acknowledged to me that he/may executed the same in his/ho4h& authorized capacity(), and that by his/laer#kaeif signature(&} on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. LEON NORIEGA LOPEZI certify under PENALTY OF PERJURY under the laws COMM. #1907501 of the State of California that the foregoing paragraph is NOTARY PUBLIC • CALIFORNIA true and correct. RIVERSIDE COUNTY My Cofrun. Expires Oct. 9, 2014 WITNESS my hand d official seal. Signature Place Notary Seal Above gnat a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual 8 Corporate Officer — Title(s): President & Secretary 0 Partner — ❑ Limited C General Attorney in Fact :j Trustee LE Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. RIGHT THUMBPRINT' OF'SIGNER--- of thumb here Number of Pages: Signers Name: Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney in Fact i � Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotarvorg Item *5907 Reorder.Cali Toll -Free t-800.876-6827 i14 SECTION C PROPOSAL for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 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 80 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 6Wkr's bpi in the amount of $ /4 n which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bic C-2 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 1 1 LS Mobilization 2 1 LS Traffic Control Plan $ (om_ $l00.- 3 1 LS Furnish Project Traffic Control 3, $ $.3 04® 4 1 LS Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows during the project construction. $ ODO $ l �J D 00. 5 1 LS Protect Existing Block Wall In Place, or Remove and Replace Existing Block Wall in kind. O $ OPS - $ ®O 6 3 EA Furnish and install sewer manhole. 7 335 LF Furnish and install 8" VCP sewer main. $ %f • $��' 8 1 EA Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. $ Odp. $ 000. C-3 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 9 2 Construct "Type B" Concrete Encasement Per Std Plan EA 514. $ ZQp/s $ 10 1 Construct Single 6" Sewer Main Siphon Assembly, including structural support plans as outlined within $ $ EA the project Special Provisions T 11 1 Construct Twin 6" Sewer Main Siphon Assembly, including structural support plans as outlined within $ $ EA the project Special Provisions�� 12 1 Construct Twin 6" PVC, Sch 80, Air Return Lines And Connect To Manholes -Per Detail Sheet 6. $�p Ls /Soap 13 1 Core Drill Existing OCSD Manhole Per Std Plan S- 057, Re -Form Manhole Shelf Per Detail Sheet 6. Install Gas Flap Per OCSD Std. Plan S-056, and Repair $ $ LS Existing Manhole Liner In Accordance With OCDS—�• 1' Standard Plans And Specifications. 14 4 Join To Existing Manhole. EA $ ®06 — 15 3 Re -Connect Existing Sewer Laterals Per Std. Plan 507. EA $ dD $ �C3 .S 16 1 Remove Existing Sewer Stub, South Side, And Plug. Refer To Detail Sheet 6. $ $ EA dD®. C-4 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 17 1 Remove And Abandon Existing Sewer Main Or Manhole. $�. $z000• LS 18 1 Remove and Abandon Exist Sewer Lift Station and All Appurtenances, Including 4" Forced Main, Electrical Meter, Breaker Panels Edison Service, Verizon $ �'fd�%A �-O �j' LS Service, And Reconstruct Affected Areas Per Std Plan 104. Abandon After New Sewer Is Installed, Tested And Accepted By The City. 19 2 Furnish and install 8" cut -in gate valve assembly. EA $ $ Z OD, 20 1 Furnish and install 8" water main inverted siphon EA assembly, omitting pumpout and 2 gate valves. $ $ o�Q. 21 1 Furnish and install 2" tap with temporary blow -off assembly for chlorination. After chlorination is completed remove core and replace with brass plug, $ $ LS then wrap with C217 wax and tape. —� 22 2 Raise water valve box to grade. EA 23 5 Raise Existing Utility Box To New Finish Grade, If Damaged Coordinate With Utility Agency For $ $ EA Applicable Standards To Replace Utility Box And ®�j• / ®Q Raise To New Finish Grade. 24 260 Remove And Construct New 6" Curb And Gutter Per LF Std Plan 202. $ $r C-5 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 25 30 LF Remove and Construct New Curb And Gutter, Type A2-8, Per Caltrans Std Plan Rsp A87A. $ 26 50 LF Remove And Construct New Curb And Gutter, Type 132-6, Per Caltrans Std Plan RSP A87A and as Modified On Detail Sheet 6. $ $ 27 1925 SF Remove and Construct New Sidewalk Per Std Plan 207. $ . $���• 28 550 SF Remove and Reconstruct Residential Driveway Approach Per HB Std. Plan 209. $ � $ yD�• 29 1 EA Remove and Construct Curb Access Ramp Per Caltrans Std. Plan A88A Or A8813. $ 4p�y $ 30 4750 SF Surface Grind Existing A.C. To A Maximum Depth Of 0.17' $/ !SO $�� C-6 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 31 60 Unclassified Excavation TN 32 235 Construct 0.17' Minimum Thickness A.C. Latex Overlay To Match New Finish Grades Across The Entire Roadway Surface. _ �q TN 33 245 Furnish and Install PVC SDR 35 Sewer Pipe LF / Total Bid Amount (Sum of Bid Items) $ z z- s ©. (Basis of Bid Award) Total Bid Amount in Words: 41)oee,4e 1-1141yW;gsal A--,iAlt-V a oa Notes: All extensions of unit prices will be subject to verification by Agency. In case of verification 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-7 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 which ever is greater, and the portion of the work to be done by such subcontractor. 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-8 NONCOLLUSION AF'F'IDAVIT TO BE EXECUTED BY BIDDER AND SiTBMITTED WITH BID State of California ss. County of Orange `/`„�•� %�e�csu•� , being first duly sworn, deposes and says that he or she is Pres,ae�l- of Garcia Juarez Construction Indle party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PG 113> Vx L Address of Bidder Subscribed and sworn to before me this 6v~ day of De«-a--r , 20 L . NOTARY PUBLIC C-9 -------------- :::.. LEON NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 NOTARY SEAL 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 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive, from Oceanhill Drive to Beach Boulevard at Adams Avenue, CC No. 1368, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned -further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Dec �0 C-10 Title DISQUALIFICATION QUESTI®NNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 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-11 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: -00-e C_ C-12 Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: (3 l2� Pre-5 Title Date: lie c C 2 016 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-13 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Garcia Juarez, Bidder Name P.O. BOAC 309 Brea, CA S2822-0309 Business Address City, State Zip ) 9-5 7- 3s3 5` Telephone Number S `7, F LtC) l z4 State Contractor's License No. and Class 4DC&)he .200tr Original Date Issued 0C �cs �&-e— 20 t-�— Expiration Date The work site was inspected by .i w• J'—� Fay'` of our office on DeC 5 , 20/t? The following are persons, firms, and corporations having a principal interest in this proposal: Garcia Juarez consrruobon h1c. C-14 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 p. mow► �/ �e��� Printed or Typed Signature Subscribed and sworn to before me this 6 day of 0014 LEON NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC . CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 D" _i 2 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-15 Date Completed Date Completed Date Completed iv 9/28/10 GARCM g A.RBZ CONSTRUCTION: INC. Contract References City of Rancho Cucamonga, $5,186,474 "Hellman Avenue Storm Drain" Contact: Mr. Romeo David (909) 477-2740 #4070 Start: August'10 - Complete: In Progress Project Summary: 5186' of 114" to 90" RCP, Catch Basins, Paving City of Fullerton, $633,344 "Lois Lane Water/ Sewer" Contact: Mr. Noah Hernandez (714) 606-4336 Start: July'10 - Complete: In Progress Project Summary: 2800' of water/sewer, AC Paving City of Fullerton, $1,378,044 "Drake/Brea Creek Sewer Improvements" Contact: Mr. Pete Acosta (714) 732-9060 Start: April ' 10 - Complete: September ' 10 (on time) Project Summary: 5500' of 8" VCP, AC Paving City of San Clemente, $477,832 "Del Cabo Waterline Improvements" Contact: Mr. Greg Deist (714) 337-3139 Start: March'10 - Complete: June'10 (on time) Contact: Mr. Scott Storm (714) 337-5792 Project Summary: 3500' of 10" & 8" PVC, Services City of Huntington Beach, $782,625 "Blufftop Beach Improvements" Contact: Mr. Eric Charlonne (714) 536-5430 Contact: Mr. Duane Wentworth (714) 536-5517 Start: December '09 -Complete: July'10 (on time) Project Summary: 9000' of 3" PVC, Retaining Walls, AC Bike Path Helix Water District, $894,765 "Pipeline Project 1818" Contact: Mr. Jim Tomasulo (619) 596-1317 Contact: Mr. Greg Gibbs (619) 873-5670 Start: December '09 - Complete: June'10 (on time) Project Summary: 7200' of 8" PVC, Hi -line, AC Paving City of Lynwood, $305,610 "Waldorf Watermain" Contact: Mr. Mario Soto (310) 628-2695 Start: February ' 10 - Complete: March ' 10 (on time) Project Summary: 1080' of 8" DIP, Street Overlay City of Huntington Beach, $658,066 "Bayview Drive Watermain Replacement" Contact: Mr. Ruben Rosales (714) 318-4811 Start: October '09 - Complete: March'10 (on time) Project Summary: 1367of 8" PVC, Services, Dewatering City of Fountain Vally, $1,028,309 "16 - Transmission Main" Contact: Mr. Mike Green (714) 593- 4607 Start: August '09 - Complete: February'10 (on time) Contact: Bob Kellison (714) 593-4601 Project Summary: 3117' of 16" CML & C Steel Pipe, AC Paving City of Fullerton, $502, 560 "Carhart Storm Drain" Contact: Mr. Eric Villagracia (714) 738-6853 Start: August '09 -Complete: October '09 (on time) Project Summary: 1924' of 24" & 18" RCP, Catch Basins, AC Paving Monte Vista Water District, $351,289 "Rose Avenue Pipeline" Contact: Mr. Gil Martinez (909) 210-5330 Start: July'09 - Complete: November'09 (on time) Project Summary: 1435' of 6" DI Pipe, AC Paving, Pressure Relief Station 9/28/10 City of Highland, $740,545 "Warm Creek Storm Drain" Contact: Mr. George Herold (909) 234-1001 Start: June '09 - Complete: September'09 (on time) Project Summary: 301 P of 48" to 18" RCP, Manholes, Catch Basins, AC Paving City of Fullerton, $1,257,443 "Gregory/Chapman Area Sewer" Contact: Mr. Pete Acosta (714) 732-9060 Start: April '09 - Complete: September '09 (on time) Project Summary: 4176' of 8" VCP, 630' of Pipe Bursting, 2796' TNS of AC Paving Los Angeles County Dept. of Public Works, $137,000 "Los Cerritos Drainage System" Contact: Mr. Victor Bermudez (626) 688-8275 Start: May '09 - Complete: June '09 (on time) Project Summary: Restoration and Repair of Existing Concrete Channel RY Engineering, $207,466 "Will Rogers State Park" Contact: Mr. Ramie Yeremian(818) 480-8966 Start: February '09 -Complete: May '09 (on time) Project Summary: Exterior Fire System, 500' of 6" PVC RY Engineering, $298,000 "Arbor Terrace Apartments" Contact: Mr. Raffle Yeremian (818) 480-8966 Start: Dec. '09 - Complete: February'09 (on time) Project Summary: 818' of 12" PVC, Services, Reinforced Storm Drain Structure, Sewer Main Golden Rain Foundation, $257,495 Contact: Mr. Kevin Black (562) 431-6586 Project Summary: AC Paving, Flat Work "Trust Street Paving Program" Start: October '08 - Complete: January '09 (on time) City of Fullerton, $1,586,838 "Carhart Area Sewer" Contact: Mr. Noah Hernandez (714) 606-4336 Start: February '09 - Complete: June '09 (on time) Project Summary: 7767' of 8" VCP, 2600 TNS of AC Paving, 341' of Pipe Bursting Los Angeles County Dept. of Public Works, $339,180 "Mountain Avenue" Contact: Mr. Leo Lopez (626) 607-7579 Start: March '09 — Complete: April '09 (on time) Project Summary: 1650 TNS of AC Paving, Flatwork City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: November '08 - Complete: March '09 (on time) Project Summary: 972' of 12" VCP, OCSD Manhole, Paving Los Angeles County Dept. of Public Works, $1,773,356 "Puddingstone Dam Waterline" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: October '08 - Complete: April '09 (on time) Project Summary: 6000' of 10" and 6" Fusion Bonded Steel Pipe City of Anaheim, $572,821 "Citron Avenue Sewer" Contact: Mr. Sean Razmy (714) 765-5059 Start: December '08 —Complete: February '08 (on time) Contact: Mr. Dave Elseroad (714) 765-5293 Project Summary: 2100' of 12" and 10" VCP, 90, OOOSF of AC Paving Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Sept. '08 - Complete: October '08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Transition Structures 9/28/10 Los Angeles County Dept. of Public Works, $821,465 "Elford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: August '08 - Complete: September '08 (on time) Project Summary2450' of 36" and 30" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $563,616 "Colima Road Drain" Contact: Mr. John Lovrensky (626) 607-7582 Start: July '08 — Complete: September '08 (on time) Project Summary: 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving Orange County Water District $68,000 "Burris Pipeline" Contact: Mr. Chris Olsen (714) 514-9028 Start: July '08 - Complete: August '08 (on time) Project Summary: 200' of 36" CML &C Steel Pipe City of Tustin $384,104 "Sycamore Avenue Storm Drain" Contact: Mr. Tom Murphy (714) 573-3167 Start: June '08 - Complete: August '08 (on time) Contact: Mr. Terry Lutz (714) 573-3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement Inland Empire Utilities Agency, $1,036,060 "Etiwanda Recycled Waterline" Contact: Mr. Mike Long (909) 773-2610 Start: April '08 - Complete: July '08 (on time) Project Summary: 1768' of 2" CML&C Steel Pipe, Paving, Testing City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466-6701 Start: January '08 - Complete: May '08 (on time) Contact: Mr. John Lamar (714) 765-4591 Project Summary: 3509' of 30" CML&C Steel Pipe, Paving, Slurry Seal City of Ontario, $1,533,759 "Recycled Water Pipeline Project" Contact: Mr. Femando Cobos (909) 395-2695 Start: February '08 -Complete: August '08 (on time) Project Summary: 8003' of 12" and 8" Steel and PVC Pipe, AC Paving City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544-5254 Start: May '08 - Complete: July '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope City of Anaheim, $1,020,260 "Lincoln Avenue Sewer" Contact: Mr. Jay Kalan (714) 369-2081 Start: June '07 - Complete: September '07 (on time) Contact: Mr. Sean Razmy (714) 765-5059 Project Summary: 3255' of 15" and 10" VCP, Manholes, Paving Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aug '07 - Complete: Sept '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving City of Rosemead, $749,507 "Street, Storm Drain, and Street Lighting" Contact: Mr. Tom Harbour (417) 770-2898 Start: March '07 - Complete: June '07 (on time) Project Summary: 801' of 24" RCP, 876' of Street Lighting Conduit, Street Replacement City of Rancho Palos Verdes, $399,234 "Forrestal Swale Drainage Improvements" Contact: Ms. Bindu Vaish (310) 544-5254 Start: December '06 -Complete: February '07 (on time) Contact: Mr. Jim Pugh (805) 602-0891 Project Summary: 350' of 24" HDPE Pipe, Pipe Anchors, Slope Rehablilitation 9/28/10 County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448-8552 Start: October '06 - December '07 (on time) Project Summary: 12,594' of 8" PVC and DIP, T-lock Manholes, Wet Well Lift Station ($835K) City of Huntington Beach, $4,638,222 "OC-9 Water Transmission Main" Contact: Mr. Mike Hitt (714) 292-2140 Start: December '05 - Complete: March '07 (on time) Project Summary: 12,152' of 24" DIP, Siphons, Blow -offs, Air -Vacs Los Angeles County Dept. of Public Works, $455,581 "Ditman Avenue Storm Drain" Contact: Mr. Johnny Oghoorian (626) 607-7587 Start: Jan '07 - Complete: Feb '07 (on time) Project Summary: 926' of 48" and 24" RCP, Catch Basins, Manholes, Paving City of Fullerton, $1,987,032 "Lemon — Rosslynn Sewer" Contacts: Mr. Eliseo Bravo (714) 932-7506 Start: July '06 - Complete: Oct'06 (on time) Contacts: Mr. Murdock Miralaie (714) 595-6720 Project Summary: 5537' of 21" and 8" VCP, Manholes, Jack 42" Casing, Paving Western Municipal Water District, $475,594 "Wood Road Irrigation Pipeline" Contact: Mr. Greg Alexander (951) 712-6566 Start: Dec '05 - Complete: Jan '06 (on time) Project Summary: 2888' of 12" PVC, Blow -offs, Air -Vacs, Paving Golden Rain Foundation, $139,265 "Perimeter Wall Project, Section G&H" Contact: Mr. Carlos Martinez (562) 431-6586 (4371) Start: Dec '05 - Complete: Jan'06 (on time) Project Summary: 3127' of Perimeter Block Wall Los Angeles County Dept. of Public Works, $2,147,168 "Kenneth Hahn Storm Drain" Contact: Mr. Mark Bruschaber (818) 370-3881 Start: Nov '05 - Complete: July '06 (on time) Project Summary: 461' of Tunnel for 60" RGRCP, Jack 432' of 42" RGRCP, Soil Remediation City of Huntington Beach, $230,865 "Residential Storm Drain" Contact: Mr. Jeff Gibbons (714) 401-5008 Start: Sept '06 - Complete: Oct '06 (on time) Project Summary: Flat Work, Paving, Cross Gutters, Ped Ramps City of San Clemente, $1,066,744 "Calle Las Bolas Storm Drain" Contact: Mr. Gary Voborsky (949) 279-9730 Start: May '05 - Complete: Aug '05 (on time) Project Summary: 2148' of RCP, 1369' of 8" PVC (Water), Catch Basins, Manholes, Paving Los Angeles County Dept. of Public Works, $493,082 "l 12" Street Replacement" Contact: Mr. Joe Baker (562) 405-5715 Start: Aug '05 - Complete: Sept '05 (on time) Project Summary: Street Replacement, Flat Work, AC Paving City of Palos Verdes Estates, $77,500 "Beach Club Access Retaining Wall" Contact: Mr. Jim Pugh (805) 602-0891 Start: Sept '05 - Complete: Oct '05 (on time) Project Summary: Reinforced Concrete Piles for Retaining Wall County of Orange, $189,479 Contact: Mr. Rick Allen (714) 448-8552 Project Summary: Reinforced PCC Channel Lining "Federal Storm Channel" Start: Nov '05 - Complete: Nov '05 (on time) Los Angeles County Dept. of Public Works, $179,915 "Private Drain 996 (Victoria St.)" Contact: Mr. Rene Bracamontes (310) 487-9254 Start: Jun '05 - Complete: Jul '05 (on time) Project Summary: 6'W X 24"H DBL RCB Channel, Transition Structure City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane, CC1368 November 30, 2010 Notice to All Bidders: Please note the following revision to the project Bid Proposal, Section C of the Project Contract Documents, Bid item No.7 shall be changed from: 7 335 LF Furnish and install 8" VCP sewer main. Bid Item No. 7 shall be changed to: 7 Per Addendum One, furnish and install 8" VCP 580 sewer main, and 8" PVC SDR 35 sewer main. LF Bid proposal sheet C-3, has been modified to address the changes to bid item 7, and is attached with addendum number one. Bidders are instructed to remove the sheet "C-3", and replace it with the modified sheet "C-3 Revised per Addendum One", within their Bid Proposal. This modification does not change the Engineer's Estima This is to acknowledge receipt and review of Addendum Garcia Juarez Construction Inc. Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. -1 of 1 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 1 1 Mobilization LS 2 1 Traffic Control Plan LS 3 1 Furnish Project Traffic Control LS 4 1 Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows $ $ LS during the project construction. 5 1 Protect Existing Block Wall In Place, or Remove and Replace Existing Block Wall in kind. $ $ LS 6 3 Furnish and install sewer manhole. EA 7 Per Addendum One, furnish and install 8" VCP 580 sewer main, and 8" PVC SDR 35 sewer main. LF 8 1 Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. $ $ EA C-3 Revised Per Addendum One City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane, CC1368 December 1, 2010 Notice to All Bidders: Addendum Number Two nullifies Addendum Number One. Addendum Nu m er One was a mistake and is now nul and void. This is to acknowledge receipt and review of Addendum Nuy6ber jw9{dated)5ecember 1, 2010. Company Name /) A6 /U D All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. -1 of 1 The. Guarantee Company of North America USA 25800 Northwestern Highway, Suite 720, Southfield, MI 48075 BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, Garcia Juarez Construction, Inc. as Principal, and The Guarantee Company of North America USA, a corporation duly organized under the laws of the State of Michigan, as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Ten Percent of Amount Bid ($ 10% ) Dollars for the payment of which Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Principal has submitted a bid for Gravity Sewer Installation the Project.. NOW, THEREFORE, if the Obligee accepts the bid of the Principal and the Principal enters into a Contract with the Obligee for the Project; or, if the Principal pays the Obligee the amount of this Bond or the difference between Principal's bid and the next lowest bid for the Project, whichever is less: this obligation is null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) 22nd day of BY: ITS: 2010 Construction, Inc. PrCt Principal The Guarantee Company of North America USA BY: Willi m syrkin Attorney -In -Fact c�S!-�.!�.f.�i-�.�.-���.�j!�.�c�.�r�'�:�.;TC�ai;%?<„�:�.vS.y�S;�.��..: �.!�t� �,1�L!�Js�.,;�..:jvc']S:.$q.�S•�,1�,/:j9;�•s�+-C;S�t: %��2; :��a;.�:.cSS;. State of California County of Riverside On 0eese-+3 3� 1p/y before me, Leon Lopez, Notary Public pate Here insert Name and We of the Officer personally appeared Jim Jackson Names) of Signers) who proved to me on the basis.of satisfactory evidence to be the person(&) whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/sheHhey executed the same in his/i ei; authorized capacity(ies), and that by hi&4*FAheitr signatures} on the instrument the person(*, or the entity upon behalf of which the person(&}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han d o ' ial seal. Signature Piave Notary Seal Above 0S r of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual 8 Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General :1 Attorney in Fact Top of thumb here :j Trustee Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Ti — C, Partner — ❑ Limited ❑ General Attorney in Fact i , Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: kill HT THIIMFsfgF'fftJT� .. of thumb here ,u�✓tit`.t�S_�'�a-�.t]�':'�_�_✓..ta�!is�tS�<a ���G._'i._'ra-��Si�t�'+:.vGv=�%t4.�t✓t'eitit'uty✓t'✓t'.vt.vS'y 'eit'cr:'yt'ri� 'rrt'ait'ait`✓t'a '.v •t+rt'��, '. CALIFORNIA- •ACKNOWLEDGMENT s�CP.A��C:�S!�A,.sv'� 3�'�A ..; ���ti�A.�.�A..^.A��A.c�.,csA,: �a�D,�A,�A.��.A • S..7A,5�<�.A..�L •,1A,.•1..�A,.'�5;�. .��..�.,. ��..� �.� �5�.,XAti�yj+,�An'�.+'4v. State of California Countyof Orange On 11/22/10 before me; A. Wilkison, Notary, Public Date Here Insert Name and Tale of the Officer personally appeared William Syrkin Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sr) whose names) is/efe subscribed to the within instrument and acknowledged to me that he/the4 ey executed the same in his/l ei; authorized capacity(ies&), and that by his/he#tgeif signature(4 on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. A. WI' KIS01\1 Commission # 1866233 I certify under PENALTY OF PERJURY under the laws Notary public - CiaM-0,1:13 4 y • of the State of California that the foregoing paragraph is 3rar;e Col.at)•` true and correct. ' �Nly Comm. Exoires Sep =a, 2^ a WITNESS my hand and official seal - Signature Place Notary Seal Above Signature o otary-Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 11/22/10 Number of Pages: One (1) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Individual Corporate Officer — Title(s): Ej Partner.— 0 Limited ❑ General Attorney in Fact u Trustee Top of thumB here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Signer's Name: El individual 0 Corporate Officer — Title(s): 0 Partner — ❑ Limited `i General D Attorney in Fact L Trustee 02 Guardian or Conservator 0 Other: Signer Is Representing: RIGa TrT31ui_t3Pr�i%�t5� tal s 02007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder: Cali Toll -Free 1-800-876-6827 THEE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Maas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31St day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31s' day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused Epp TEF�O�q this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. - - - THE GUARANTEE COMPANY OF NORTH AMERICA USA 0. yO�A4P STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27,2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 22nd day of November, 201Q ,,,MATE, 0.0 Randall Musselman, Secretary I AC�RIX CERTIFICATE OF LIABILITY INSURANCE DATE (M01/102012011yYYY) 1 [ 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 Phone: 877-587-4999 Fax: (877) 373-5608 BACCARELLA INSURANCE SERVICES, INC. 6864 INDIANA AVE. # 201 RIVERSIDE CA 92506 RIVERSIDEPRODUCER CONTACT NAME: Don Minium PHONE FAX (A/C. No Et: AC No: ADDRESS: don@meridianonline.com CUSTOMER ID. 7485 INSURERS) AFFORDING COVERAGE NAIC # INSURED GARCIA JUAREZ CONSTRUCTION, INC ONSITE KRUSHING COMPANY C/O JIM JACKSON INSURER A Interstate Fire 8, Casualty 22829 INSURER B : Delos Insurance Company 35408 INSURER C : Admiral Insurance Company 24856 INSURER D. Majestic Insurance Company P.O BOX 309 INSURER E BREA CA 92822-0309 NSURER F COVERAGES CERTIFICATE NUMBER: 66074 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 ANI2 CON12ITIONS OF SUCH POLIQIES. LIMITS SHOWN MAY HAVE BEEN RE[2LJQEQ BY PA Q QLAIMS. INSR LTR TYPE OF INSURANCE ADD'L INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYWY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY SGL1002633 12/03/10 12/03/11 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 17X OCCUR DAMAGE TO RENTED PREMISES Ea occurence $ 50,000 MED. EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 X -0- deductible applies GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 PRO - POLICY Lid JECT LOC $ B AUTOMOBILE LIABILITY DPA5503441 12103110 12/03/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO AT P - AS TO F RM BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS (EZIR Me FriTly City A_p r ( PROPERTY DAMAGE (Per accident) $X $ C X UMBRELLA LIAB X OCCUR EX00001213905 12/03/10 12/03/11 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ D WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY NY ANY PROPRIETOR/PARTNERIEXECUTIVE FFICER/MEMBER EXCLUDED? I Mandatory in NH) NIA Ci20080661003 12/04/10 12/04/11 X WCSTAU- OTH LIMITS $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E. L. DISEASE -POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *10 DAY NOTICE FOR NON PAYMENT OR NON REPORTING OF PAYROLL* RE: CC-1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo $392,250. Certificate Holder, City of Huntington Beach, its agents, officers, and employees are hereby named as Additional Insured per blanket Al Form #CG2010 (1185) Attached. Primary wording included In CERTIFICATE HOLDER CANCELLATION City of Huntington Beach, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Its agents, officers, and employees THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Attention: #$deaW4114W QA's40' ORD 25 (2009/09) 01988-2009 ACORD CORPORATION. All rights reservec The ACORD name and Inan are registered marks of ACORD POLICY NUMBER: SGLI002533 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES CONTRACTORS '"�` e (FORM i -i �,i^"��� d �1pit .— i -- "��!`a} pi ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization 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 additional in- sured on your policy. City of Huntington Beach, its agents, officers, and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ Policy Number: SGL1002533 NQQ- - - - ;C41m] am -1 V- W. ON N - W -. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract' with you, paragraph a. Primary Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended by adding the following paragraph: Not withstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contributory insurance, but only as respects "bodily injury" or "property damage" liability arising out of your sole negligence in performance of "your work" after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non- contributory insurance and to include such person or organization as an additional insured thereunder. All other terms and conditions of this policy remain unchanged. ICB-8016 06-05 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating • • - TO: Shari Freidenrich, City Treasurer t _ FROM: DATE: SUBJECT: Bond Acceptance l have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. / ;� tod Approved (Council Approval Date) le:�Ao 27-332/ /mod 7-339/ Agenda Item No. City Clerk Vault No Goo, s�0 #27 g:/followup/bondletter.doc Executed in Two Counterparts Bond No. 12073391 Premium Included in Performance Bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Garcia Juarez Construction, Inc. _ 4517 Wade Avenue, Perris, CA 92571 (name and address of Coutractor) (hereinafter referred to as "Principal"), a contract ("Contraf-,V) for the work described as follows: CC-1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo - Contract Signatures (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW-T"E.REFORE, ewe, the undersigned PringioaJ; and The Guarantee Company of North America USA 1800 Sutter Street, Suite 880, Concord, CA 94520 (name and address of Surety) (a duly admitted surety insurer under the laws of the Stat,= of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Three Hundred Ninety Two Thousand Two Hundred Fifty and no1100 _ dollars, ($ 392,250.00 _ ), 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 CON01TION 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 3781 of Vie California Civif Coce (Ciafmant's") for aii labor, matedals a( services used or reasonably required for use in performance of the work described in the Contract, or any amounts du?- under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the .Employment Development Dspartment 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 fnot exceeding Me perral sum specified in thrc bawd; athe, -a se, th)s oNigatt^r shag b,p 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 bored, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that nc• change, extension of time, alteration, addition or rnadifrcatrun to &e ieri-im at' thw Contract, or OPY c4^.ntr*V f:0a;1.4rA,7t or 9PY wNDr,k to bP W 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, PAYMI_NT 13OND page I of 22 Sond No. 12073391 extension of time, alteration, addition, or modification to the terms of the. Contract Me contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 280 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety. on the date set forth below, that the name of each corporate party Ding 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: January 6, 2011 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) . co -► The Guarantee Company of North America USA (Surety Name) By: Name; W1 iam S rkin, ttorne -in-Fact o� �ftR#torttey-in-Each lbr SLouiyj ( 925) 566-6040 (Area Code & Telephone Number of Surety) APPROVED AS TO FORMA: CITY OF HUNTINGTON BEACH By14" lter M rarth Attomey Note_ This bond must be executed !n dupkm& and dated, all signatures must be nota&ed, and evidence of the autho* of any pefsm signbV as affomey-in4act must be attached. 277W. t Page 2 of 2 PAYMENT BOND _ - d 1.�C/.���'���s��1v7t:TS;�S,. �. ,;��v.T 5��:'���g;:j:::�SL+>;.*jt >!s3i,.�..�v!'�S::jS ��.aS,.• Y,.��.�>�:�::c3t:7�t�.j ��i�.�� State of California County of Riverside On 10, 2VII before me, Leon Lopez, Notary Public Date Here Insert Name and We of the Otficer personally appeared Jim Jackson Name(s) of S(gner(s) U@W.1. NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires Oct. 9, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(&) whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/shalkliey executed the same in his/his authorized capacity(iee), and that by his/k@644& signature(, on the instrument the person(*, or the entity upon behalf of which the person(} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand official seal. Signature Sifalt of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General D Attorney in Fact D Trustee E Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. RIGHTTHUMBF�R3NT (1F SIGNER Number of Pages: Signer's Name: El Individual ❑ Corporate Officer — Titie(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑- Trustee Guardian or Conservator Other: Signer Is Representing: OF RIGHT=.7}il3F�f BPRIN'4 SiGNEft,4.3 Top of thumb here e/"✓ 'a'S`aL 's+•<. a�'✓<'a+'�Y:'✓i•a�/-x!<•✓q�ei.•✓/•Ui•ei<'t/'tJ/•tl,L/i'.J�•✓/-N/;✓<\ri4ie%<"e/<\'S<'=i4'.v<'nr4'y. _•�<'.v<\yi�:ihl 'i✓ "✓< aS„✓<'•J 'yt Zy •+Y 020079350 D- Soto Ave.. P.O.2402•. 9063 •>. v.>. �Y.j �v��T ,�.tY.�. r �i�,S.�.�i�.�R ax,�.,ti.C�� �q.5�t�.� T.S,: JS..^.S TZ�L....r�#sa ,.�L��..��,.a .. �t!"�. a�ytM �. �.F a„Sa: ���.. State of California County of Orange On 01/06/11 before me, A..Wilkison, Notary Public Date - - - Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) A. WILKISON Commission # 1866283 a �ce Notary Public - California z z �z % Orange County r My Comm. Expires Sep 26. 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she" executed the same in his1h@6t#aeix authorized capacity(ies&), and that by his/heFAheif signature(} 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�. Signature of Notary Public fl(I,now Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 12073391 Document Date: 01/06/11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Individual Corporate Officer — Title(s): Partner—,= Limited 0 General 0 Attorney in Fact J Trustee - Top of thumb here Guardian or Conservator Other: i Signer Is Representing: The Guarantee Company of North America USA Number of Pages: TWO Signer's Name: Individual ❑ Corporate Officer — Title(s): _ M Partner — D. Limited General `! Attorney in Fact Trustee i_ Guardian or Conservator 0 Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6e27 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORTNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law; statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as.provided below 3. in connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315f day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused TEEC0�r this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. THE GUARANTEE COMPANY OF NORTH AMERICA USA O q� AV STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 6th day of January, 2011 , GJP�p.NTE� COS Randall Musselman, Secretary Z�QNNAM��\`Q. - Executed in Two Counterparts Bond No, 12073391 Premium: $3,530.00 Premium is for contract term and is subject /`- PERFORMANCE BONS to adjustment based on final contrast price KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City°) has, by written agreement dated , 20—, entered into a contract with Garcia Juarez Construction, Inc. 4517 Wade Avenue, Perris, CA 92571 (narne and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CC-1368; Gravity Sewer Installation and Ocean Hill Pump Station Demo - Contract Signatures (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in fu0. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, me, ttre urrders,grted, as Principal, aria The Guarantee Company of North America USA 1800 Sutter Street, Suite 880, Concord, CA 94520 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Three Hundred Ninety Two Thousand Two Hundred Fifty and no/100 Dollars ($ 392,250.00 1 ), 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 severafiy, firmly by these presents. THE CONDITION OF THIS OBLIGATION 15 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 Cky's offices, age,,?ts and a" p7 cy'�-s (here)rraftar fD as " ObVigees"1 from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required lhereunder; then this obligation shall be void, otherwise, it shall be and shall remain f,? fud farce and met. Surety stipulates and agrees, for valuo received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the �., Surety under this Bond_ Surety waives notice of any adjustment of contract time or contract price, and s„59�.a PERFORMANCE, BOND Page I of 2 Bond No. 12073391 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletlons, 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 parry 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: January 6, 2011 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) Title: - Pre The Guarantee Company of North America USA (Surety Name) By: v Name: Wil kam Syr ,_Attorney -in -Fact (Sig - re of Attorney -in -Fact for Surety) ( 925 ; 566-6040 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON LEACH By-,/ ennifer Mc ath %A 64 ity Attorney Note. This bond must be executed in duplicate and dated, aA signatures must be notarized, and evidence or the authority of (_ any pereon signing as attamey-in-fact must bro attaa7ed. 277591.1 PERFORMANCE BOND Page 2 of-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT jG/:�1�..�'�!\� ..'��^�f j��s.<�ti��,f�:�C•'l�!'.I.TC�:�C:S?f.�$�:'v.T�..,n�.S\?•:v�4;'lC;:�f�•_R.w?R�S�{!'TC.i��.i��f?�'��:c��.Y.:�c..'�J?�S�vs�.._\S�c�•::�f;%?%i]1/,.�:'�!'���'�v'.^•: State of California County of Riverside On 74.w /D. 2208 before me, Leon Lopez, Notary Public ate ere Insert Name and Tide of the Officer personally appeared Jim Jackson Names) of Signer(-) LEON NORIEGA LOPEZ COMM. #1907501 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY MY Comm. Expires Oct. 9, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name( is/are subscribed to the within instrument and acknowledged to me that he/slut executed the same in hislha4h& authorized capacity*m), and that by his/4944& signatures} on the instrument the person(-}, or the entity upon behalf of which the person( -acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand�aqid official seal: Signature Li� � - p� Sityre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer — Title(s): President & Secretary Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Garcia Juarez Construction, Inc. :Rlq_ w'THUMBPRINT,' nF[Si(UtJER Top of ihere � Number of Pages: Signer's Name: Individual ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Attorney in Fact 0 Trustee 02 Guardian or Conservator ❑ Other: Signer Is Representing: �R/G1'1T TNl1FABPFitNi' OF1SiGNEf ; eii•✓.'yS�?i e'S<y •✓:'��a�:'✓�y_ ..vG',v 'ei.•✓i•rr •ei •ate u'r:+14�.'ri •✓i-a✓ ✓.' �y:.vi'ri �✓ '✓i'v4'evfri •.vs'.v.',v:r>h� •H • i4 ai:`ri.•.� •.v 't1r•- - � =�j i s �• � �: Lam ,t rrs`��k t - t$ix��� xr-'� cam-�.>,�c�s��t..�ac� ;ati'�g��ia ��+.?>� C.34r-\�T,siv?a�c.�t,w�v,3�.�.S,�g..c�.. ,. �L •, �,. a � v�S�. 9a �a ... .�a�. ?u r. o). '1. 9.,�a>� ,_.:.tea.: ?s State of California County of Orange On 01/06/11 before me, A. Wiikison, Notary Public nat. Here Insert Name and Title of the Officer personally appeared William Syrkin Narne{s of Signer(s) - A. WILKISON Commission # 1866283 i ;-ae Notary Public - California z Z ' Orange County r My Comm. Expires Sep 26, 2013 F' * Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sl9cft!°sey executed the same in his/ha;A44 f authorized capacity(iesa), and that by his/heAhei signature(4 on the instrument the person(}, or the entity upon behalf of which the person(stacted, 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 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 12073391 Document Date: 01/06/11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin Individual Corporate Officer — Title(s): Partner — ❑I Limited D General I] Attorney in Fact OF. ` Trustee Top of thumb here Guardian or Conservator Other: Signer Is Representing: The Guarantee Company of North America USA Number of Pages: Two (2) Signer's Name: Individual O Corporate Officer — Partner — D Limited Attorney in Fact Title(s): _ General C, Trustee t=i Guardian or Conservator Other: Signer Is Representing ,fates T rt#uM8Praarra. Top ofthumb III i I 02007 National Notary Association- 9350 De Soto Ave.. PO. Box 2402 -Chatsworth. CA 91313-2402 • www.NabonaiNotary.org Item #F5907 Reorder CaltToil-Free i-800-B76-6827 THE GUARANTEE COMPANY OF FORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas -Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315t day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1 _ To appoint Aitomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315t day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH. AMERICA USA has caused vJ T�Eco+, �GTHE this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of April, 2010. GUARANTEE COMPANY OF NORTH AMERICA USA p. JgQ STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 29th day of April, 2010 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County I Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 6th day of January, 2011 , GJPRp,NTF£ Cow 4 y � //"_- < �/ , i _ •'-tom_..-� o �� Randall Musselman, Secretary ZOR AM£a`GQ, Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of t972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California_ (Type Contractor Name) By: Name: [Type Name] c, Title: [Type Title] E , IF R A c7RNEY -JL'� 3-2�6.Cp 245911A Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit `requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ,20 ,at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. � ? i A b 11 .1 -TL-S 03- ab - 0_1�p Z<75<2A CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: ad � Name: [Type Name] Title: [Type Title] 245914 1 City ®f Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 4, 2011 Garcia Juarez Construction Attn: Mr. Jim Jackson P. O. Box 309 Brea, CA 92822-0309 Re: Gravity Sewer Installation & Lift Station — CC-1368 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 proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, J n L. Flynn, MC Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Citid? )� lU cas r.rCPac New Zealand (Telephone: 714-536-5227) — 1,36S •4e OU CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Patty Esparsa To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Regarding: CC 1368 Gravity Sewer at Occeanhill Drive Fax (714) 374-1573 Date: December 8, 2010 Project/C.C. No.: CC1368 ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order Item'# Copies Pa es : - Description 1 1 Return Bids for CC1368 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ® For your use ❑ Approved as noted ® For your action ❑ Returned for corrections ❑ For review/comment Remarks: ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ Other: Please contact me at extension 5291 with any questions c: file By: GACONSTRUCTION CONSTRUCTION CONTRACTS (CCS) \ CC 1368 OCEANHILL SEWER LIFPSTATION\PREA WARD\BID PROJECT\ CC 1368 TRANSMITAL TO CLERK.DOC CC 1368 Gravity Sewer Installation and Lift Station Demolotion, Oceanhill Drive December 6, 2010 2:OO13M Bidder Bid Amount Bid Amount Corrected 1 Atom Engineering Construction 2 B&T Works 3 Charles King Company 4 Clarke Contracting 5 Foothill Engineering & Dewatering, Inc 6 Garcia Juarez Construction ZSC) 7 Gladding McBean 8 John Malloy, Inc, 9 Kube Engineering 10 Nikola Corporation 11 OC Winwater Works 12 Paulus Engineering, Inc. 13 Sancon Engineering inc. 14 United Engineering & Construction Inc a 1 00 15 VCI Construction 16 Western Paving Contractors, Inc. 17 Young & Associates, Inc. 18 19 �C O 20 21 22 23 24 25 Of Council/Agency Meeting Held:— Deferred/Continued to: )9Approve❑ Conditionally Approved ❑ Denied GG'ty Clerk's Si - ature Council Meeting Date: January 18, 2011 Department ID Number: PW 11-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 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: Approve project plans and specifications and award construction contract in the amount of $392,250.00 to Garcia Juarez Construction Inc., Brea California. for the Gravity Sewer Installation and Lift Station Demolition, Oceanhill Lift Station #15, CC-1368. Statement of Issue: On December 6, 2010, bids were opened for the Gravity Sewer Installation and Lift Station Demolition, Oceanhill Lift Station #15, CC-1368. Staff requests that the City Council award the contract to Garcia Juarez Construction Inc., the lowest responsive and responsible bidder. Financial Impact: Funds for this project are available in Sewer Fund, Lift Station Replacement, Account No. 51189013. 82100. Recommended Action: Motion to: A) Approve the project plans and specifications for the Gravity Sewer Installation and Lift Station Demolition, Oceanhill Lift Station #15, CC-1368; B) Accept the lowest responsive and responsible bid submitted by Garcia Juarez Construction Inc., in the amount of $392,250.00; C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, D) Authorize the Director of Public Works to approve up to $58,850 in construction contingency which is 15-percent of the contract bid amount. Alternative Action(s): Reject all bids, and provide staff with alternative direction. HB -93- Item 4. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 1/18/2011 DEPARTMENT ID NUMBER: PW 11-001 Analysis: The existing sewer lift station at Oceanhill Drive was constructed in 1978 as part of Tract 10226. The sewer lift station is recommended for replacement as it is near the end of its functional life cycle, has an undersized dry well (difficult to maintain), and has been subjected to storm water flooding and other design deficiencies. During the preliminary design for the replacement of the sewer lift station, City engineering staff determined that a gravity sewer alternative was feasible in lieu of replacement of the Oceanhill Lift Station. The new gravity sewer will flow easterly on Oceanhill Drive, northerly on Beach Boulevard, and easterly on Adams Avenue where it will connect to a sewer main. The revised project concept will save approximately $600,000 in sewer funds when compared to the construction cost of a new sewer lift station. The Capital Improvements Program had budgeted $1,100,000 for construction, and project management, for a new sewer lift station. As a result, the project will remove and abandon the existing Oceanhill Drive Sewer Lift Station and will install a hew eight inch gravity sewer. The project will also remove and replace the existing curb and gutter within the Oceanhill Drive cul-de-sac providing positive surface drainage within the cul-de-sac. A complete set of plans and specifications are available for review at the Public Works counter. Bids were publically opened on December 6, 2010, and are listed in ascending order. Bidding Contractor Bid Amount Basis of Award) Bid Amount (Corrected) Garcia Juarez Construction Inc. $ 392,250.00 Paulus Engineering, Inc. $ 407,475.00 United Engineering & Construction Inc $ 412,849.00 $ 421,400.00 Mike Prlich and Son Inc. $ 463,076.00 Nikola Corporation Is 510,017.00 $ 510,016.00 Bid amounts were verified and the lowest responsive bidder was determined to be Garcia Juarez Construction Inc. The reference check for Garcia Juarez Construction provided acceptable responses from past City of Huntington Beach projects. The low bid was 8.9 percent higher than the engineers cost estimate of $360,000. As with all underground construction projects, there is the potential to encounter unanticipated obstacles, which may lead to an increase in construction costs. Construction contingency is requested at $58,850 (15%) to address any unforeseen site conditions resulting in change orders. With contingency, supplemental expenses, and expected staff costs, the full project cost is estimated to be $520,000. Environmental Status: The project consists of rehabilitation of existing City -owned facilities, with little or negligible expansion of an existing use. The project is, therefore, categorically exempt from CEQA per Article 19, Section 15301. Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Item 4. - 2 HB -94- REQUEST FOR COUNCIL ACTION MEETING DATE: 1/18/2011 DEPARTMENT ID NUMBER: PW 11-001 Public Works Commission Action: The Public Works Commission reviewed and approved CC-1368 on October 20, 2010; with a vote of 6-0-1 (Spencer absent). Attachment(s): HB -95- Item 4. - 3 ATTACHMENT #1 Item 4. - 4 HB -96- PAC= OF TBOLSAAYE MC Aq i VEFF / OMER �n AVE a ' aHEILm � AVE. � -- VICINITY MAP N.T.S. UADAMS ' PBQiY;CT an OCEANHLL'.. DPL LTPT STATION •16Ld r �. . LOCATION MAP N.T.S. CC :, GRAVITY SEWER INSTALLATION HB -97- Item 4. - 5 CC 1368 Gravity Sewer Installation and Lift Station Demolotion, Oceanhill Drive December 6, 2010 2:OOPM Bidder Bid Amount Bid Amount Corrected 1 Atom Engineering Construction 2 B&T Works 3 Charles King Company 4 Clarke Contracting 5 Foothill Engineering & Dewatering, Inc 6 Garcia Juarez Construction 7 Gladding McBean 8 John Malloy, Inc, 9 Kube Engineering 10 v/ Nikola Corporation 11 OC Winwater Works 12 Paulus Engineering, Inc. 13 Sancon Engineering inc. / 14 V United Engineering & Construction Inc n,, ,�- 15 VCI Construction 16 Western Paving Contractors, Inc. 17 Young & Associates, Inc. 18V SOLi (, f 19 20 21 22 23 24 25 SECTION A NOTICE INVITING SEALED BIDS for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on December 6, 2010. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $45.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Work Description: The Contract includes the construction of a new 8-inch diameter gravity sewer from the intersection of Beach Boulevard and Adams Avenue, south on Beach to Oceanhill Drive, and then west to join an existing sewer manhole in Oceanhill Drive. The proposed gravity sewer will include the construction of an inverted siphon under an existing 96- inch storm drain. The Contract also contains a second inverted sewer siphon located in Adams Avenue just east of Beach Boulevard. The Contract also includes the abandonment of an existing sewer lift station and force main, and the demolition and reconstruction of the Oceanhill Drive cul-de-sac. The Contractor will be required to obtain a Caltrans Double Permit and coordinate with Caltrans for all work within the Caltrans right of way. A copy of the Caltrans Encroachment Permit, obtained by the City is included within these specifications in Appendix N. The Contractor will be required to coordinate with the Orange County Sanitation District to connect to the districts manhole located at Beach Boulevard and Adams Avenue. • The Engineer's estimate for this project is $360,000. • The project schedule is 80 working days. 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 20th day of September 2010, by Resolution No. 2010-69. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 1,WIM161 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 notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on August 24, 1994, case A50479, for the City of Huntington Beach, County of. Orange, and the. State, of. California.'. Attached to this Affidavit`js a true and complete copy as -:was printed and published on the following date(s):.. _. November 11, 18, 25, 2010 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on November 26, 2010 at Costa Mesa, California Sign re SECTION A NOTICE INVITING SEALED BIDS for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from. Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 in the CITY OF HUNTINGTON BEACH PUBLIC"NOTICE IS HEREBY GIVEN that the,CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington. Beach, California 92648, up 'to the hour of 2:00 PM on December 6; 2010. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and. contract documents are available from the Office of - the Director of Public Works, 2000 Main Street, Huntington Beach, CA- 92648, upon payment of a'$45.00 nonrefundable fee if picked up, or payment of a $60.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the *State Labor Code. Pursuant to the provisions of the Labor Code of. the State of California,' the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State' of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a .101/6 retention from all progress- payments: The Contractor.may'substitute an.escrow holder surety of equal value) to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises -will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract: No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The.successful bidder shall be licensed in accordance with provisions of .the Business and Professions Code and shall possess a State Contractor's License Class A at the;time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Work Description: The Contract includes the construction of a, new 8-inch diameter gravity sewer from'the intersection of Beach Boulevard and Adams Avenue, south on Beach to Oceanhill Drive, and then west to, join an existing sewer manhole in Oceanhill Drive. The proposed gravity sewer will include .the construction .of an inverted siphon under an existing 96-inch storm drain. The Contract also contains a -second inverted sewer siphon located in Adams Avenue just east of Beach Boulevard. The,Contract also includes the abandonment of an existing sewer lift station and force main, and the demolition and reconstruction of the Oceanhill Drive cul-de-sac. The Contractor will be required to obtain a Caltrans' Double Permit and coordinate with Caltrans for all work within the Caltrans right.of' way. A copy of the Caltrans Encroachment Permit, obtained by the City is included within these specifications in Appendix N. I - The Contractor will be required to coordinate with the Orange County Sanitation District to connect to the districts manhole located at Beach Boulevard and Adams Avenue. ❑ The Engineer's estimate for this project is $Ad,000. ❑ The project schedule is 80 working days. 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 20th day of September 2010, by Resolution No. 2010-69. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent November 11, 18, 25, 2010 LIKI_ m_�' City ®f Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 18, 2011 Mike Prlich & Sons, Inc. 5103 Elton St. Baldwin Park, CA 91706 RE: CC-1368 — Gravity Sewer Installation & Lift Station Demo — Ocean Hill Dr. Enclosed please find your original bid bond for CC-1368. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister CitiTs/fdWiWcLM&Mt/-ret�,ja;6W_®ocNew Zealand ( Telephone: 714-536-5227 ) Gravity Sewer Installation & Sewer Lift Station Demolition at Ocean Lane from Oceanhill Lane to Beach Blvd. at Adams Ave. CC No. 1368 t City of Huntington Beach Public Works Department MIKE PIRLICH ANDSONS 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Cra�ewer Installation and Sewer lift Station Demolition at Qceanhill Lane, CC1368 December 1.2010 Notice to All Bidders: Addendum Number Two nullifies Addendum Number One. Addendum Number One was a mistake and is now nul and void. This is to acknowledge receipt and review of Addendum Number Two, Malted December 1, 2010. MIKE PRUCH ANDSONS INC.L4�k Company Name By � 3 0 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Fenigno at (714) 536-5291. -1 of 1 11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 MIKE PRL.ICI-I AND SONS INC. For Gravity Sewer Installation and Sewer Lift Station Demolition at ®ceanhill Larne, CC1368 November 30, 2010 Notice to All Bidders: Please note the following revision to the project Bid Proposal, Section C of the Project Contract Documents, Bid item No.7 shall be changed from: 7 335 LF Fumish and install 8" VCP sewer main. Bid Item No 7 shall be changed to, 7 Per Addendum One, furnish and install 8" VCP 580 sewer main, and 8" PVC SDR 35 sewer main. LF Bid proposal sheet C-3, has been modified to address the changes to bid item 7, and is attached with addendum number one. Bidders are instructed to remove the sheet "C-3", and replace it with the modified sheet "C-3 Revised per Addendum One", within their Bid Proposal This modification does not change the Engineer's Estimate for this project This is to acknowledge receipt and review of Addendum Number One, at d November 30. 2010, MIKE PRILICH AND SONS III Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536.5291. -1 of 1 ie .r MIKE PPLIC.I-iAND SONS I�1�:, Project Bid Schedule CC1.368 Gravity Sewer Installation and Sewer Litt Station (Demolition at Oceanlaill Lane Item Estimated Bid Item Extended No. uanti Description Unit Price Amount t 1 Mobilization LS ® d. aiv $ �00�a•8D Z I Traffic Control .Plan LS 3 1 Furnish project Traffic Control � P LS a.oa S o?DD�D• 4 1 LS Provision and maintenance ofhypass pumping as required to maintain the existing sanitary sewage Flows during the proieet constniction. $ S S I LS Protect Existing Block Wall In Place, or Removc and Replace Existing [clock Wall in kind. $ ,>Daa. an 6 3 FA Furnish and install sewer manhole, $ v.c9v $ /boa, va 7 Per Addendum One, furnish and install A" VCP 580 sewer main, and R" PVC SDR 35 newer main. $, $ g 1 Constnict Concrete Encasement PcrStd Plan 514 And As Modified Per Detail Sheet G. $ EA C-3 Revised Per Addendum One SECTION C MIKE PIRLiCH AND SONS:NC. PROPOSAL for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 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 80-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 MIKE PRUCH ANDSONS INC. 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. 3iD s D AO mar �� - Accompanying this proposal of bid, fmd 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", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda`No..- Date Received Bidder's Si wnature;;;r-; 42-3 /D C-2 MIKE PRLICH ANDSONS INC. 4• Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 1 1 LS Mobilization a me -or .0 2 1 LS Traffic Control Plan p 3::•,; `.1 LSD Furnish Project Traffic Control $ $ 4 1 LS Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows during the project construction. $ �f 0 .�f Qard $ 5 1 LS Protect Existing Block Wall In Place, or Remove and Replace Existing Block Wall in kind. $ $ 6 3 EA Furnish and install sewer manhole. $ -���. $ 1"5�,600_ Qi) 7 335 LF Furnish and install 8" VCP sewer main. $ $ �+ 8 EA 1E Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. $ �,� DOSpOr $ C-3 MIKE PRLICH AND SONS INC. Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 9 2 EAQt94.. Construct "Type B" Concrete Encasement Per Std Plan 514. $ $ 10 1 EA Construct Single 6" Sewer Main Siphon Assembly, including structural support plans as outlined within the project Special Provisions $��i $��� 11 1 EA Construct Twin 6" Sewer Main Siphon Assembly, including structural support plans as outlined within the project Special Provisions $ AC eve 12 1 Construct Twin 6" PVC, Sch 80, Air Return Lines And Connect To Manholes Per Detail Sheet 6. LS lr,j00 46�00,"'�. 13 1 LS Core Drill Existing OCSD Manhole Per Std Plan S- 057, Re -Form Manhole Shelf Per Detail Sheet 6. Install Gas Flap Per OCSD Std. Plan S-056, and Repair Existing Manhole Liner In Accordance With OCDS $ �.SDa $ SSd0. Standard Plans And Specifications. 14 4 EA Join To Existing Manhole. $ ca2010.. $ ,fv . oz+ 15 3 EA Re -Connect Existing Sewer Laterals Per Std. Plan 507. 16EA 1 Remove Existing Sewer Stub, South Side, And Plug. Refer To Detail Sheet 6. $ 0. as $:,20,e .. Vz C-4 MIKE PRLICH AND SONS INC. Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 17 1 Remove And Abandon Existing Sewer Main Or Manhole. $ LS�o. 18 1 Remove and Abandon Exist Sewer Lift Station and All Appurtenances, Including 4" Forced Main, Electrical Meter, Breaker Panels Edison Service, Verizon $ '' Y 04 LS 10a 7f ow. Service, And Reconstruct Affected Areas Per Std Plan 104. Abandon After New Sewer Is Installed, Tested And Accepted By The City. 19 2 Furnish and install 8" cut -in gate valve assembly. EAJ�dd, d� 20 1 Furnish and install 8" water main inverted siphon assembly, omitting pumpout and 2 gate valves. $ ��✓�'�. $ 6i► EA 21 1 Furnish and install 2" tap with temporary blow -off assembly for chlorination. After chlorination is $ $ LS completed remove corp and replace with brass plug, then wrap with C217 wax and tape. 22 2 Raise water valve box to grade. EA Aft op '26,0 .aD 23 5 Raise Existing Utility Box To New Finish Grade, If Damaged Coordinate With Utility Agency For Applicable Standards To Replace Utility Box And $ �J7� $ � -db EA Raise To New Finish Grade. 24 260 Remove And Construct New 6" Curb And Gutter Per Std Plan 202. $1�, d �j $ LF C-5 MIKE PRLICH ANDSODS INC. Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 25 30 LF Remove and Construct New Curb And Gutter, Type A2-8, Per Caltrans Std Plan Rsp A87A. $ �q -/GS ��• dz� 26 50 LF Remove And Construct New Curb And Gutter, Type B2-6, Per Caltrans Std Plan RSP A87A and as Modified On Detail Sheet 6. $ 27 1925 SF Remove and Construct New Sidewalk Per Std Plan 207. $ .17Z $ 28 550 SF Remove and Reconstruct Residential Driveway Approach Per BB Std. Plan 209. $ ��.`' $i C67S: 29 1 EA�2Bld.�Z? Remove and Construct Curb Access Ramp Per Caltrans Std. Plan A88A Or A8813. $ 30 4750 SF Surface Grind Existing A.C. To A Maximum Depth Of 0.17' $ C-6 MIKE PRLICI-I ANDSONS INC. Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 31 60 Unclassified Excavation $ 4,' $ J?J TN�c'f�. 32 235 Construct 0.17' Minimum Thickness A.C. Latex Overlay To Match New Finish Grades Across The Entire Roadway Surface. $ $ TN 33 245 Furnish and Install PVC SDR 35 Sewer Pipe $ Ly7�, F Total Bid Amount (Sum of -Bid Items) $ (Basis of Bid Award) Total BidAmount in Words:., _ Notes: All extensions of unit prices will be subject to verification by Agency. In case of verification 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-7 MIKE PRLICI-IAND SONS INC. 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 which ever is greater, and the portion of the work to be done by such subcontractor. Portions:_ o .Work .., -:. ,^,,Name ands e's' s of Subcontructor, o :-.-; :..x:.:<.;. k Stdti<License := `Number ; : ; Classak t . /9'z.L_ ae ie4x.l kptjht2�,7- .29707,3 A A0. a�oK ZZ-xf GDv2�a/,� LA . 9,4,V2f 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-8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange i`JI I C I' -I A E L A. P R L I PRE a I DO ENT being first duly sworn, deposes and says that he or she is Of MIKE PRLIC:H ANnSONS Ina,the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. MIKE PRLICH AND SONS INC. Name of Bid MICHAEL A. PRLIC`,1 PRESIDENT Signature of Bidder j/6.3 EL7-3A1 BAtjow "ar &2fi::�, e4 9/ 7v 4, Address of Bidder Subscribed and sworn to before me this Crk day of e,* 6- , 20 l o . NOTARY C-9 GREGG`ARDE N 'AVVEGREN COMM. #1800880 Notary Public. California Los Angeles County Comm. Expires Jun 9, 2012 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 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive, from Oceanhill Drive to Beach Boulevard at Adams Avenue, CC No. 1368, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that- the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 42--6 —/ 0 C-10 MIKE PRLICH AND SONS INC. Contractor By MICHAEL A. PRLIC -i PRESIDENT Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes X No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: / ?--Z, —/0 C-12 MIKE PIRLICH AND SONS INC. Contractor By PJIICHAEL A. PRLI ;..I PRESIDENT Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: MIKE PIRLICH AND SONS INC. Contractor K— By MICHAEL A. PRLIC�- PRESIDENT Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-13 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A41kc Akac-14 ANb S6A�g Bidder Name S/D_3 -57AEC-T Business Address City, State Zip 61.E — 70 b Telephone Number 7,6D 1,,, 734 -A State Contractor's License No. and Class Original Date Issued 3—gl'll Expiration Date The work site was inspected by R9,U cl�— of our office on q , 2012 The following are persons, firms, and corporations having a principal interest in this proposal: PRESIDENT PETER SERDARUSICH : �-- RY/TREASURER C-14 9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. MIKE PRLICH ANDSUNS INC. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this i14dav of NOTARY PUBLIC GREGG ARDEN .ALFV:r,REN p -.Comm. # 1800880 Notary Public- Cali. a Cbmm.Expires P.,: MICHAEL A. PRLIC:-] PRESIDENT M , 2000. GA n A`1I `:�`�•- ; 'votary ��blc• Cai�fomia j �" c> A•,jeles County q Cemrn. Expires Jun 9, 2012 •r ARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Ne%sFo is A 4157'- oF/�iaJ�crs 6mplezAeo 74-e ,44rr.' l/ ye4A5, Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-15 Date Completed Date Completed Date Completed MHCE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE 601 City of Los Angeles Samoan Apt -Harbor Blvd. Sewer Sewer 200 N. Spring St. Repair W.O. SZS11171 Los Angeles, CA 90012 602 City of Los Angeles Easter Ave. Sewer Relief 200 N. Spring St. 12,000 L.F. 30" VCP W.O. SZSI 1113 Los Angeles, CA 90012 603 City of Los Angeles Western Ave. Storm Drain 200 N. Spring St. W.O. E400023 Los Angeles, CA 90012 604 City of Los Angeles Hollywood Area Cement Sewer Repair 200 N. Spring St. (CSRP) Unit3 W.O. SZSI 1137 Los Angeles, CA 90012 605 City of Los Angeles Harbor Unit 2 Sewer Replacement 200 N. Spring St. Rehab. SZS11140 Los Angeles, CA 90012 606 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. 425 E. 29th St. W.O. SWC00082 Los Angeles, CA 90012 607 City of Los Angeles Boyle Heights Area Relief Sewer Project 200 N. Spring St. SZS 11190 Los Angeles, CA 90012 608 City of Los Angeles Dept of Water & Power Harbor West 200 N. Spring St. Recycling Project 42814-1 Los Angeles, CA 90012 609 City of Los Angeles Dept of Water & Power Harbor West 200 N. Spring St. Recycling Project 42815-1 Los Angeles, CA 90012 610 City of Los Angeles Arapahoe St. & Olive St. 200 N. Spring St. Emergency Swr Repair W.O.SZSI 1171 Los Angeles, CA 90012 611 City of Los Angeles Montecito Drive Storm Drain Extension 200 N. Spring St. W.O. SZS11156 Los Angeles, CA 90012 612 Los Angeles County Holmes -Willowbrook Relief Sanitation District Sewer- Contract No. 3782 1955 Workman Mill Rd. File No. 1-10.06-31 Whittier, CA 90601-1415 613 Orange County Junction Structure Upgrade Sanitation District SP200029 10844 Ellis Ave. CA 92728-8127 614 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. 33rd St. East of San Pedro St. Los Angeles, CA 90012 W.O. SZS11236 615 Los Angeles County Dept of Beverly Pico Drain Unit2 Public Works 900 S. Fremont Ave. Alhambra, CA 91803-1331 Sewer Sewer Sewer FINAL AMOUNT YEAR CONTACT PERSON $118,876.00 1999 Linn Cummings (310)732-4693 $3,674,245.00 1999 John M. Haskett (213) 485-5464 $1,394,700.00 2000 Robert Vega (322) 342-1575 $725,985.00 2000 Sewer $1,047,084.00 2000 John M. Haskett (213)485-5464 Sewer $9,800.00 2000 Rafael Solorazano (213) 798-8965 Sewer $615,049.00 2001 John M. Haskett (213) 485-5464 Water $95,250.00 2000 Water $99,500.00 2000 Storm Drain $121,366.00 2000 Storm Drain $77,650.00 2001 Sewer $938,467.00 2001 Bereau of Engineering (562)699-7411 Sewer Structure $386,736.00 2001 Sid Kirk (714)593-7342 Sewer $99,930.00 2001 Rafael Solorazano (213) 798-8965 Storm Drain $641,927.00 2001 Bereau of Engineering (626)458-6959 t MIKE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE 616 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. Martime Museum Junction Structure Los Angeles, CA 90012 SZC 11241 617 City of Pico Rivera Vestar Site Sewer Improvements P.O. Box 1016 Pico Rivera, CA 90660 618 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. Sewer Spot Repairs Winter 2001/2002 Los Angeles, CA 90012 W.O. SWC00120 619 Orange County Emergency Force Main Repair Sanitation District Force Main Repair and Ocean 10844 Ellis Ave. Siphon Repair, 2000 L.F. P.O. Box 8127 Hobas Pipe Lining, Diversion Fountain Valley Of Sewer Siphon under Santa Ana CA 92728-8127 River. 620 City of Pico Rivera Sares-Regis Sewer Improvement 6615 Passons Blvd. Pico Rivera, CA 90660 621 City of Rosemead Ralph Street and Olney Stone Drain 8838 E. Valley Blvd. Rosemead, CA 91770 622 City of Los Angeles Emergency Sewer Repair 200 N. Spring St. W.O. SWC000129 Los Angeles, CA 90012 623 City of Los Angeles Garwood Place Emergency 200 N. Spring St. Storm Drain-W.O. SZS11211 Los Angeles, CA 90012 624 City of Glendale San Fernando Road Sewer Capacity 613 E. Broadway, Suite 120 Glendale, CA 91206 625 Orange County Abandonment of Airbase Trunk Sewer 10844 Ellis Ave. Arlington P.O. Box 8127 Fountain Valley CA 92728 626 City of Los Angeles Toluca Lake -Moorpark Storm Drain 200 N. Spring St. W.O. SZS11198 Los Angeles, CA 90012 627 Vallecitos Water District Land Outfall Manhole Rehabit. 201 Vallecitos De Oro San Marcos CA 92069-1453 628 Orange County Los Alamitos Lateral Sanitation District 10844 Ellis Ave. P.O. Box 8127 Fountain Valley CA 92728-8127 TYPE FINAL AMOUNT YEAR CONTACT PERSON Sewer $247,811.00 2001 Linn Cummings (310)732-4693 Sewer $209,033.00 2002 Michael Moore (562)801-4389 Sewer $652,522.00 2002 Sewer Force Main $2,004,923.00 2002 Sid Kirk (714)593-7342 Sewer $233,294.00 2002 Michael Moore (562) 801-4389 Storm Drain $487,996.00 2002 Wildan Engineering (714)940-6300 Sewer $204,444.00 2002 Iraj Mouffay-Azhali (213)485-5846 Storm Drain $43,013.00 2002 Alfredo Magallenes (213)847-4844 Sewer $786,268.00 2002 Steve Walker (818) 548-2140 Sewer $699,500.00 2002 Todd Haynes (714)S93-7304 Stone Draim $250,207.00 Sewer Manhole Coating $78,942.00 Sewer $16,156.00 2003 Tom Kilmer (213)847-5170 2003 Chuck Reuck (760)744-2738 2002 Terry Krie (714) 593-7348 2 MIKE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE FINAL AMOUNT YEAR CONTACT PERSON 629 City of Los Angeles Emergency Sewer Repair 200 N. Spring Street Temporary Sewer between Los Angeles, CA 90012 the Pacific Coast Hghwy and Via De Las Olas W.O. SWC00141 630 City of Los Angeles Emergency SD. Repair 200 N. Spring Street W.O. SSOA0060 Los Angeles, CA 90012 631 City of Santa Monica Project # 14 1685 Main Street Santa Monica, CA 90402-2200 632 City of Garden Grove Garden Grove Sewer 11222 Acacia Parkway Improvements P.O. Box 3070 Project No. 7800 Garden Grove, CA 94842 633 City of Los Angeles Emergency Sewer Repairs 200 N. Spring Street Collection System Spot Repairs Los Angeles, CA 90012 W.O. SWC00148 634 City of Los Angeles Emergency Sewer Repairs 200 N. Spring Street W.O. SWC00160 Los Angeles, CA 90012 635 City of Los Angeles Emergency Sewer Repairs 200 N. Spring Street W.O. SWC00169 Los Angeles, CA 90012 636 City of Carlsbad Project 3874-1 1635 Faraday Ave. Carlsbad, CA 92008-7314 637 City of Los Angeles Liebe Drain (Benedict Cyn SD N/O 200 N Spring Street Hutton Dr.) Los Angeles, CA 90012 638 City of Costa Mesa Abandonment of Airbase Trunk Orange County Sanitation Sewer P.O. Box 8127 Fountain Valley CA 92728-8127 639 City of Los Angeles Beacon Street Storm Drain 200 N. Spring Street Los Angeles, CA 90012 640 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. South Van Ness Avenue Los Angeles, CA 90012 W.O. SWC00177 641 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. Alonzo Avenue Los Angeles, CA 90012 W.O. SWC00192 642 Orange County Abandonment of Airbase Trunk Sanitation District California St. 10844 Ellis Ave. P.O. Box 8127 Fountain Valley CA 92728-8127 Sewer $281,769.00 2002 Iraj Mouffay-Azhali (213) 485-5846 Sewer $10,026.00 2002 Iraj Mouffay-Azhali (213)485-5846 Sewer Gravity & $3,714,690.00 2003 Eugenia Chusid Pipe Bursting (310) 458-8795 Sewer $366,627.00 2003 Mark Uphus (714)741-5191 Sewer $237,887.00 2003 Iraj Mouffay-Azhali (213)485-5846 Sewer $249,911.00 2003 Iraj Mouffay-Azhali (213)485-5846 Sewer $64,830.00 2003 Iraj Mouffay-Azhali (213)485-5846 Sewer Manhole Coating $179,940.00 2004 Don Moore (760)602-2430 Storm Drain $1,147,240.00 2004 Anthony Munoz (818)374-4638 Sewer $2,375,000.00 2004 Larry Rein (714)593-7375 Storm Drain $156,613.00 2004 Linn Cummings (310) 732-4693 Sewer $71,069.03 2004 Iraj Mouffay-Azhali (213)485-5846 Sewer $213,513.97 2004 Iraj Mouffay-Azhali (213)485-5846 Sewer $507,610.00 2004 Sid Kirk (714)593-7342 3 MIKE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE 643 Los Angeles County Lateral Sewer Connections Sewer Sanitation Districts @ Crenshaw Blvd. 1955 Workman Mill Rd, Whittier, CA 90601-1415 644 City of Los Angeles Enchanted Way Emergency 200 N. Spring St. Storm Drain Replacement Los Angeles, CA 90012 W.O. SZS 11272 645 City of Los Angeles Santa Monica Basin Pollution 200 N. Spring St. 1 Oth Avenue @ 36th St. W.O. SZS 11226 Los Angeles, CA 90012 Dalton Ave. @ 30th St. W O. SZS 11228 646 City of Los Angeles SMBWUR Pollution Removal 200 N. Spring St. Normandie @ 52nd & Vernon @ Nonmandie Los Angeles, CA 90012 WO# SZS11228 SZS11229 647 Los Angeles County Long Beach Water Reclamation Plant Sanitation Districts Interceptor, Section 1 1955 Workman Mill Rd. Whittier, CA 90601-1415 648 City of Vernon Emergency Sewer Repairs 4305 Santa Fe Ave. Vernon, CA 90058 649 City of Los Angeles Las Pulgas Canyon Sewer/ 200 N. Spring St. Temescal Canyon Pumping Plant Los Angeles, CA 90012 W.O. E2002396 650 Crabb Construction Comp. Mc. Donald's 5135 Valley Center Ave. Covina, CA 91724 651 City of Garden Grove Emergency Sewer Repair 11222 Acacia Parkway @ Magnolia Ave. & Katella Ave. Garden Grove, CA 92842 652 California State University North Campus Underground 1250 Bellflower Blvd. Utilities Bid#UIXO1MC034 Long Beach, CA 90840-5701 653 City of Los Angeles Wastewater Treatment Plant 200 N. Spring St. Emergency Los Angeles, CA 90012 W.O. SZS11462 654 City of Los Angeles Transportation Contaminant Reduction 200 N. Spring St. SZS11225, SZS11227, SZS11229 Los Angeles, CA 90012 655 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. Whitworth Drive and Los Angeles, CA 90012 W.O. SWC00267 656 City of Garden Grove Install an 18" Water Valve 11222 Acacia Parkway at Lampson & West Street Garden Grove, CA 92842 IFB#01-1078 657 Midway City Sanitary Dist, Pacific Avenue & 14th St. Sewer Project 14451 Cedarwood St. Westminster, CA 92683 FINAL AMOUNT YEAR CONTACT PERSON $82,254.29 2004 Lenny Blackman (310)830-8050 Stone Drain $35,600.00 2004 Iraj Mouffay-Azhali (213)485-5846 Storm Drain Pollution $668,558.00 2005 Francisco Rangel Collector Structures (213) 847-5235 Stone Water Pollution $698,235.00 2005 Linn Cummings Collection (310) 732-4693 Sewer Force Main $1,332,594.00 2004 John Joyce (310)830-8050 Sewer $47,737.70 2004 Vincent A.Rodriguez (323)583-8811 Sewer $2,863,660.00 2006 Romano V. Galassi (213) 847-0405 Storm Drain $88,157.00 2004 Dan Wareham (909)305-2088 Sewer $42,013.47 2004 Brant Hayes (714) 290-9318 Sewer $384,142.00 2004 Mike Jasminski (562)985-4175 Odor Control $219,284.00 2004 Ray Mohammadi (310) 648-6203 Storm Water Trash $459,877.00 2006 Hassan Nazemi Removal 213/847-5076 Sewer $110,228.35 2005 Iraj Mouffay-Azhali (213) 485-5846 Water $28,000.00 2005 Thomas C. Meng (714) 741-5056 Sewer $2,510,099.33 2005 DGA Consultants Don Greek (714) 568-0200 4 MEKE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE FINAL AMOUNT YEAR CONTACT PERSON 658 City of Los Angeles Neenach Street Sewer Improvement 200 N. Spring St. W.O. NO.A'I I-E6000416 Los Angeles, CA 90012 659 City of Los Angeles Emergency Sewer Repair 54th St. 200 N. Spring St. Sewer Replacements Los Angeles, CA 90012 W.O. SZC11486 660 City of La Palma Installation of Drainage Devices Along 7822 Walker Street Andrew Drive & Houston Avenue La Palma, CA 90623 Project# 03-SWR-02 661 City of Los Angeles Emergency Sewer Repairs 200 N. Spring St. Summitridge Drive (1300 Block) Los Angeles, CA 90012 W.O. SWC00313 662 City of Los Angeles Shields Drive Hillside Emerg. SD Repl. 200 N. Spring St. 25th St. @ RPV Phase IT Emerg. SD Repl. Los Angeles, CA 90012 W.O. SZS11304 & SZSI 1325 664 City of Los Angeles Emerg. Sewer Repair Bellagio Road 200 N. Spring St. W.O. SZC11437 Los Angeles, CA 90012 665 City of Los Angeles 57th Street @ Vermont Avenue 200 N. Spring St. Emergency Storm Drain Los Angeles, CA 90012 W.O. SZS11346 666 City of Los Angeles Liebe Drain (Benedict Canyon) 200 N. Spring St. W.O. E4000279 Los Angeles, CA 90012 667 City of Garden Grove Provide & Install a 6-Inch Sewer Lateral 11222 Acacia Parkway at 12927 Chapman Avenue, Garden Grove Garden Grove, CA 92842 IFB No. 01-1091 668 Orange County Sanitation Water Distribution System Modifications District Plant 1 - FE0520 P.O. Box 8127 Fountain Valley, CA N92728 669 City of Los Angeles Santa Monia Blvd. Emergency Sewer Repair 200 N. Spring St. W.O. SZC11590 Los Angeles, CA 90012 670 City of Los Angeles Harbor Area Cement Sewer 200 N. Spring St. Renewal Program - Unit 5 Los Angeles, CA 90012 SZC 11159 671 City of La Palma Coyote Creek Channel Emergency Reconstr. 7822 Walker Street of Levee and Channel Invert La Palma, CA 90623 672 Los Angeles County Emergency Sewer Rpr Figueroa & Sepulveda Sanitation Districts Peck Rd. & Bryant St. 1955 Workman Mill Rd. Cheyenne St. - Downey Whittier, CA 90601-1415 673 Boeing Realty Corporation Pacific Gateway Tract 16375 4900 E. Conant Street Wet Utility Improvements Long Beach, CA 90808 Sewer $113,869.80 Sewer $219,176.97 Sewer/Storm Drain $39,465.12 Sewer Storm Drain Sewer Storm Drain Stonn Drain Sewer Water Sewer Sewer Channel Sewer $11,215.15 $78,597.74 $406,080,00 $2,168.74 $174,822.93 $21,198.00 $196,378.00 $62,996.29 2005 Eladio Lopez (818)374-4652 2005 Iraj Mouffay-Azhali (213) 485-5846 2005 Ismile H. Noorbaksh, P.E. (714) 690-3310 2005 Iraj Mouffay-Azhali (213)485-5846 2005 Linn Cummings (310)732-4693 2005 Phillip M. Wilson (310)575-8387 2005 Andy Flores (213) 847-8766 2005 Rafael Villegas (213)847-5051 2005 Thomas C. Meng 2006 Jim Harris (714)593-7727 2005 Rafael Villegas (213)847-5051 $1,420,058.00 2006 Neil O. Tuano (310)732-4691 $435,426.00 2005 Ismile H. Noorbaksh, P.E. (714) 690-3310 $78,443.08 2004 Walter Akkerman (310) 830-8050 Storm Drain/Sewer Water $4,538,622.12 2006-2007 Jim Slater (626)272-6940 5 MIKE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE FINAL AMOUNT YEAR CONTACT PERSON 674 City of Los Angeles Emergency Sewer Repair 88tgh Place and 200 N. Spring St. Beaudry Los Angeles, CA 90012 W.O. SZC11595 675 Andrew Papac & Sons, Inc. Bushnell Way 5600 Block & Redfield Ave. 2030 Santa Anita Avenue 400 Block South El Monte, CA 91733 SZC 11480 676 City of Los Angeles Rising Glen Drive Emergency Storm Drain 200 N. Spring St W.O. SZS11359 Los Angeles, CA 90012 677 City of Los Angeles 10221 Sunset Blvd. Emergency Sewer Repairs 200 N. Spring St. W.O. SWC00492 Los Angeles, CA 90012 678 Los Angeles County 1965 Workman Mill Road Sanitation Districts 1955 Workman Mill Rd. Whittier, CA 90601-1415 679 City of Los Angeles Baywood Court Sewer Extension 200 N. Spring St. W.O. E2000900 Los Angeles, CA 90012 680 City of Los Angeles Washington Blvd./Flower to Grand 200 N. Spring St. W.O. E2000267 Los Angeles, CA 90012 681 City of Los Angeles Quinton Lane (Near Marcus) 200 N. Spring St. Sewer Improvements Los Angeles, CA 90012 W.O. Al I'-SZC11327 682 City of Los Angeles Belden Drive Emergency Storm Drain 200 N. Spring St. W.O. SWC11377 Los Angeles, CA 90012 683 City of Los Angeles ESR 4th St, Gertrude. Cummings, 2nd St. 200 N. Spring St. W.O. SWC00522 Los Angeles, CA 90012 684 City of Los Angeles Meyler Upland Elberon Storm Drain 200 N. Spring St. W.O. SZS11286 Los Angeles, CA 90012 685 City of Los Angeles Manchester Pumpiing Plant 601 200 N. Spring St. W.O. SWC00518 Los Angeles, CA 90012 686 City of Los Angeles Fries Emergency Sewer Repair 200 N. Spring St. W.O. SZC11678 Los Angeles, CA 90012 687 City of Costa Mesa Emergency Sewer Repair Orange County Sanitation Lemon Heights & Los Alamitos, Seal Beach P.O. Box 8127 Fountain Valley CA 92728-8127 688 City of Yorba Linda Storm Drain & EOIP28 Inlet Improv. Project 4845 Casa Loma Avenue Yorba Linda, CA 92886 Sewer $61,081.45 2005 Iraj Mouffay-Azhali (213)485-5846 Pipe Bursting $100,916.52 2005 Andrew Papac (626)443-4061 Storm Drain $65,300.13 2005 Iraj Mouffay-Azhali (213)485-5846 Sewer $47,118.31 2005 Iraj Mouffay-Azhali (213)485-5846 Sewer $3,859.31 2005 Walter Akkerman (310)830-8050 Sewer/Directional Drilling $1,145,789.00 2007 Chris Trinidad (213)847-8429 Sewer/Tunnel $2,646,666.00 2007-2008 Wai Yip (213)485-5441 Sewer $218,774.00 2006 Barbara Sherfey (818)374-4653 Storm Drain $108,496.57 2006 Iraj Mouffay-Azhali (213)485-5846 Sewer $69,726.36 2006 Iraj Mouffay-Azhali (213)485-5846 Storm Drain $207,014.95 2007 Carlton Jones (310) 732-4690 Sewer $456,371.88 Ongoing Rafael Solorazano (213)798-8965 Sewer $195,388.32 2006 Lynn Cummings (310)732-4693 Sewer $70,506.17 2006 Terri Kries (714)964477S Storm Drain $411,882.12 Ongoing Eric Schlichter (949) 655-3900 Ext. 683 6 MIKE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE FINAL AMOUNT YEAR CONTACT PERSON 689 City of Orange Taft Ave. & Glassell St. Storm Drain 300 E. Chapman Avenue Improvement Orange, CA 92866 690 City of Los Angeles Emergency Sewer Repair 200 N. Spring St. 18th Street/Dundee/James/Lindacrest Los Angeles, CA 90012 692 Mocon Yosemite Valley Sanitary Sewer 49-950 Jefferson St. C-20 Package No. YOSE 069463 Indio, CA 92001 693 City of Los Angeles Emergency Sewer Repair Vendome St. 200 N. Spring St. SZC 11687 Los Angeles, CA 90012 694 City of Garden Grove 10" Sewer Repair at Garden Grove Blvd. 11222 Acacia Parkway East of Knott Garden Grove, CA 92840 695 Orange County Sanitation FE06-03 Plant 1 Primary Clarifier Pipeline Rep. 10844 Ellis Ave. Fountain Valley, CA 92728 696 City of Los Angeles ESR - NOS Sinkhole at Rodeo 200 N. Spring St. SWC00630 Los Angeles, CA 90012 697 City ofEl Monte Bryant Road & Peck Road Pothole Utilities 11333 Valley Blvd. El Monte, CA 91731 698 Orange County Sanitation Redhill & Winsor Tustin Emergency 10844 Ellis Ave. Fountain Valley, CA 92728 699 Boeing Realty Corporation Boeing Realty Industrial Off Site Constr. 4900 E. Conant Street Long Beach, CA 90808 700 LACSD Inglewood Trunk Sewer 24501 S. Figueroa St. Beach beetween Ellis & Hillsdale Carson, CA 90746 701 Orange County Sanitation Emergency Sewer Sinkholes @ 10844 Ellis Ave. 10441 Randall, 10471 Randall, 10571 Meads Fountain Valley, CA 92728 702 City of Los Angeles Normandie Replacement Sewer 62 to 68 200 N. Spring St. W.O. SZC 11647 Los Angeles, CA 90012 703 City of Los Angeles Avenue 44 Storm Drain Emergency Repl. 200 N. Spring St. Phase II Los Angeles, CA 90012 W.O. SZS11395 704 County of LADPW Barrier Water Supply Facilities Improvements P.O. Box 1460 FCC0000940 Alhambra, CA 91802 705 Long Beach Water Dept. 8" VCP Emergency Repair on Westminster Ave. 1800 E. Wardlow Road Job No. SC-0166 Long Beach, CA 90807 Storm Drain $838,321.60 Ongoing Alan Truong (714)744-5569 Sewer $82,398.13 2006 Iraj Mouffay-Azhali (213) 485-5846 Sewer $142,261.40 2006 Bob Morrow (760)564-2536 Sewer $122,311.74 2006 Iraj Mouffay-Azhali (213)485-5846 Sewer $2,414.20 2006 Brent Hayes (714)741-5395 Storm Drain $34,232.00 2006 Brian Bigam (714)962-2411 Sewer $12,496,172.00 2007 John Hasket (213)485-5864 Pothole $7,735.05 2007 Cesar Roldan (626)580-2058 Sewer $36,098.37 2007 Raul Cuellar (714)593-7828 Sewer & Storm Drain $23,837.58 2007 Eddie Silvery (714)751-5557 Sewer $100,639.19 2007 Walter Ackerman 310/830-8050 Sewer $96,266.81 2007 Terry Krie (714) 593-7348 Sewer $4,283,847.46 2008 Carlos Tirres (213)761-0002 Storm Drain $25,450.00 2007 Edgar Mergado (213)485-4586 $645,102.25 2007 Shaun Kjelstrom (626) 458-3139 $357,903.99 2007 Jimmy Chen (562) 570-2306 7 MULE PRLICH AND SONS, INC. Work Completed from 1999 - 2008 JOB# OWNER PROJECT TITLE TYPE FINAL AMOUNT YEAR CONTACT PERSON 706 LACSD Douglas Avenue Relief Trunk Sewer 1955 Workman Mill Road BU NO. 0256005 PO# R017385 Whittier, CA 90601 707 City of Newport Beach Buck Gully Sewer Force Main Relocation 3300 Newport Blvd. Contract No. 3803 Newport Beach, CA 92663 708 City of Los Angeles Emergency Sewer Repair Angelina St. 200 N. Spring St. W.O. SZC11808 Los Angeles, CA 90012 709 City of Fullerton Sanitary Sewer Upgrade 2006-07, Phase 2 303 W. Commonwealth Ave. Project No. 5132 Fullerton ,CA 92832 710 City of Los Angeles 10851 Chalon Road Emergency Repair 200 N. Spring St. SZC 11815 Los Angeles, CA 90012 711 LACSD Joint Water Pollution Control Plant 1955 Workman Mill Road PO# 0735200 Whittier, CA 90601 712 City of Los Angeles Berkeley, Buckingham & Rodeo 200 N. Spring St. SZC 11930 Los Angeles, CA 90012 713 City of Los Angeles Oriole Way R/W 200 N. Spring St. SZC11927 Los Angeles, CA 90012 714 Crabb Construction 2215 Martin Luther King, Los Angeles 5135 Valley Center Ave. Covina, CA 91724 715 City of Los Angeles Secondary Sewer Renewal H28B 200 N. Spring St. Franklin Ave./Nichols Cyn Rd. Los Angeles, CA 90012 W.O. SZC11662 716 City of Garden Grove Emergency Sinkhole Magnolia & Westminster 11222 Acacia Parkway PO#08-2958 Garden Grove, CA 92840 717 City of Los Angeles Secondary Sewer Renewal H28A 200 N. Spring St. Sunset Blvd./Gardner Los Angeles, CA 90012 W.O. SZC11661 718 City of Los Angeles ESR Lemay, Rranchito, Tobias, Vesper 200 N. Spring St. W.O. SWC00853 Los Angeles, CA 90012 719 Orange County Sanitation ESR - Redhill & Lacolina 10844 Ellis Ave. Fountain Valley, CA 92728 720 Orange County Sanitation Emergency 10844 Ellis Ave. PO# 66476-05 Fountain Valley, CA 92728 721 Long Beach Water Dept. Lining at Colorado & Eliot & Lining Exist Sanit 1800 E. Wardlow Road Sewer Pipe by CIPP Liner Long Beach, CA 90807 TOTAL $49,824.07 2007 Phil Kang (562) 699-7411 $292,379.00 2007-2008 Mike Sinacori (949) 644-3342 Sewer $331,297.01 2007-2008 Jon M. Haskett (213)485-5464 Sewer $773,042.00 2007 Jaswinder D. Dhanda (714)738-6321 Sewer $83,610.78 2008 John M. Haskett (213)485-5464 Water $28,179.00 2008 Patti Sherman (562)699-7411 Sewer $237,005.00 2008 John M. Haskett (213)485-5464 Sewer $104,840.18 2008 John M. Haskett (213)485-5464 $41,120.00 2008 Greg Hirscher (909)973-4476 Sewer $3,331,886.69 2008-2009 Mike Schmoker (213)847-0293 Sewer $62,023.55 2008 Brent Hayes (714) 741-5395 Sewer $4,882,887.00 2008-2010 Carla Rinehart (213)847-0366 Sewer $94,569.00 2008 John M. Haskett (213)485-5464 Sewer $27,369.79 2008 Syd Kirk (714)593-7717 Sewer $11,700.00 2008 Mike McKusker (714)593-7738 Sewer $127,092.70 2008 Jimmy Chen (562)570-2340 $78,489,066.71 8 Mike Prlich & Sons, Inc. Work Completed 2008 - 2010 Job No. Owner Job Title Contract Amount 722 CCK Builders. Inc. Mc. Donald's Castaic, Newhall $166,368.00 625 W. Katella Rd. 43 Orange_ CA 92867 723 LACSD Cleaning & Camera Storm Drain 1955 Workman Mill Road PO# 0819094 Whittier, CA 90607 724 City of Los Angeles ESR17th St., 30th St. Dal St. 200 N. Spring St. W.O. SWC00902 Los Angeles, CA 90012 725 LACSD Artesia Extension Trunk Sewer 1955 Workman Mill Road Bellflower - Long Beach Whittier, CA 90607 726 Long Beach Water Dept. Pacific Coast Highway and Termino ,Ave. 1800 E. Wardlow Road Bellflower - Long Beach Long Beach, CA 90,)07 727 City of Anaheim Citywide Sanitary Sewer Improvement, Group 3 200 S. Anaheim Blvd. F1.2 Santa Ana St.. Anaheim Blvd., Elm St. Anaheim, CA 92805 728 City of Los Angeles ESR Verdugo Rd. & Avenue 33 200 N. Spring St. Los Angeles, CA 90012 729 City of Los Angeles Washington Oxford Beach Relief Sewer 200 N. Spring St. SZC 11622 Los Angeles, CA 90012 730 City of Los Angeles ESR Plummer and Lindley Avenue 200 N. Spring St. SWC001056 Los Angeles, CA 90012 731 City of Garden Grove Harbor Blvd/Buaro St Improvements 11222 Acacia Parkway Project No. 7812 Garden Grove, CA 92840 Type Final Amount Year Contact Person Sewer $117,145.00 2008 Chris (714)471-7077 $9,600.00 Storm Drain Time & Materials Sewer $9,600.00 2008 Patti Sherman (562)699-7411 $83,178.28 2008-2009 John M. Haskett (213)485-5464 Time &Materials Sewer $109,172.76 2008 Phil Kang (310)830-8050 Time & Materials Water Main $19,691.16 2008 Abelardo Rendon (562)570-2341 $783,047.00 Sewer $845,688.31 2009 Robert Palaeologus (714) 765-5285 Time & Materials Sewer $217,870.04 2008-2009 John M. Haskett (213)485-5464 $3,981,723.00 Sewer Time & Materials Sewer $713,016.00 Sewer 1 Ongoing 2009-201 1 Phillip M. Wilson (310)575-8387 $24,382.64 2009 John M. Haskett (213)485-5464 $686,810.13 2009 Samuel Kim (714)741-5534 Mike Prlich & Sons, Inc. Work Completed 2008 - 2010 Job No. Owner Job Title Contract Amount Type Final Amount Year Contact Person 732 City of Los Angeles Crestmoore Place Time & Materials Sewer $32.699.83 2009 John M. Haskett 200 N. Spring St. SWC01079 (213) 485-5464 Los Angeles, CA 90012 733 City of Los Angeles Murray Drive Time & Materials Sewer $34,181.13 2009 John M. Haskett 200 N. Spring St. SWC0113g (213) 485-5464 Los Angeles, CA 90012 734 LAUSD South Region High School 912 $1.224,000.00 Sewer& Storm Drain $1,190,070.77 2010 Mark Mickelson 1545 Whilshire Blvd; Ste.100 Project# 56D40066, Contract# 0910338 (323) 981-5492 Los Angeles, CA 90017-4510 735 LAUSD South Region Elementary School 45 $2,095,593.00 Storm Drain Ongoing 2009-2010 Michael Darquea 1545 Whilshire Blvd, Ste_100 Project# 56C40057_ Contract# 0910348 (323) 981-5492 Los Angeles, CA 90017-4510 736 City of Garden Grove Emergency Springdale & Lampson $39,902.60 SeNver $23,707.13 2009 Samuel Kim 11222 Acacia Parkwav (714) 74 1-5534 Garden Grove. (-A 92840 737 City of Los Angeles ESR - 1600BL St. Andrews Alley Time & Materials Sewer $1 1,145.20 2010 John M. Haskett 200 N. Spring St. SWC01240 (213) 485-5864 Los Angeles. CA 90012 738 City of Los Angeles ESR - Mayerling Street Time & Materials Sewer $34,660.42 2010 John M. Haskett 200 N. Spring St. SWC01260 (213) 485-5864 Los Angeles, CA 90012 739 Long Beach Water Dept 2 each 10" Fireline Services - Pier B $62,295.00 Water $94,556.90 2010 Dennis A. Santos 1800 E. Wardlow Road (562) 570-2378 Long Beach, CA 90807 740 City of Fullerton Sewer Replacement Craol Dr./Magholia Ave. Area $710,734.00 Sewer Ongoing 2010 Eric Villagracia 303 W. Commonwealth Ave. 5162 (714) 738-6853 Fullerton ,CA 92832 741 City of Los Angeles ESR - Twining Street Time & Materials Sewer $81,260.70 2010 John M. Haskett 200 N. Spring St. SWC01279 (213) 485-5864 Los Angeles, CA 90012 2 e Job No. Owner Job Title 742 City of Los Angeles Riverdale Avenue Green Street Proj 200 N. Spring St, SZS 1 1437 Los Angeles. CA 90012 Mike Prlich & Sons, Inc. Work Completed 2008 - 2010 Contract Amount Type ect $385,880.87 Storm Drain 743 Long Beach Water Dept Long Beach Blvd. Water Repair (Emergencv) V 1800 E. Wardlow Road Long Beach, CA 90807 744 Orange County Sanitation Birch Street Emergencv 10844 Ellis Ave. Fountain Valley, CA 92728 745 LACSD Paseo Lunado & Palos Verdes Drive 19.55 Workman Mill Road Whittier, CA 90607 746 Long Beach Water Dept Loma Avenue & IOth Street Emergency 1800 E. Wardloti Road Long Beach, CA 90807 747 Long Beach Water Dept 2nd Street Bridge 1800 E. Wardlow Road Long Beach. CA 90807 748 City of Los Angeles ESR Holboro Drive 1149 S. Broadway W.O. SWC01348 Los Angeles, CA 90015 749 Long Beach Water Dept ESR 7th Street & Miramar 1800 E. Wardlow Road Long Beach, CA 90807 750 City of Los Angeles ESR 3951 Clayton 1149 S. Broadway W.O. SWC01366 Los Angeles, CA 90015 751 Long Beach Water Dept Ximeno Avenue 1800 E. Wardlow Road Long Beach, CA 90807 y Time & Materials Water Time & Materials Water Time & Materials Sewer Time & Materials \\%ater $40.259.00 \\pater Time & Materials Water Time & Materials Sewer Time & Materials Sewer Time & Materials Sewer 3 Final Amount Year Contact Person Ongoing 2009-2010 Richard Liu (213) 485-1482 $50.717.52 2010 Carolina Vega (562)570-2334 $13.017.20 2010 Carolina Vega (562)570-2334 $32.069.38 2010 Walter Ackerman (310)830-8050 S20.670.90 2010 Ed Mendoza (562) 570-2369 $40 159.00 2010 Chris Pincherli (562)570-2327 Ongoing 2010 John Haskett (213)485-5864 $29.515�10 2010 Ed Mendoza (562)577-6560 $25,535.62 2010 John Haskett (213)485-5864 $13,759.32 2010 Ed Mendoza (562)577-6560 Mike Erlich & Sons, Inc. • Mork Completed 2008 - 2010 Job No. Owner Job Title Contract Amount 752 Long Beach Water Dept Defrost Avenue Time & Materials 1800 E. Wardlow Road Long Beach, CA 90807 753 City of Carlsbad Beech Avenue Sewer & Home Plant Lift Station $1,517-620.00 1635 Faraday Avenue Carlsbad, CA 92008 754 Long Beach Water- Dept LBWD S-5 LADWP Force Main Lateral Constr. $177,672.00 1800 E. Wardlow Road Long Beach, CA 90807 755 City of Los Angeles Secondary Sewer Renewal Program (SSRP) $914.520.00 1 149 S. Broadway 4110 Santa Fe Avenue Los Angeles, CA 90015 756 City of Los Angeles ESR 10674 Chalon Doi -ad Time & Materials 1 149 S. Broadvvav \1%.O. S`,'<'C0I509 Los Angeles, CA 90015 7�7 City of Los Angeles ESR Cabrillo Avenue ( 1300 Block) Time & Materials 1149 S. Broadway W.O. SWC01532 Los Angeles. CA 90015 758 City of Los Angeles ESR 200 Avenue 26 Time & Materials H 49 S. Broadway W.O. SWC01553 Los Angeles, CA 90015 759 East Valley Water District Conejo Drive Sewer Main Replacement $4197565.00 3654 Highland Ave., Ste. 18 Highland, CA 92346 760 City of Los Angeles FSR Parkland Circle (13200 Block, Easement) Time & Materials 1 149 S. Broadway W.O. SWC01572 Los Angeles, CA 90015 TOTAL 4 Type Final Amount Year Contact Person Sewer $52.959.94 2010 Ed Mendoza (562) 577-6560 Sewer Ongoing 2010-20 11 Jon Kay (MJS Construction Mngt) (619)250-9969 Sewer Ongoing 2010 .Ian Vu (562)570-2342 Sewer 011(oin4 2010 Idana June (213)847-0304 Sewer Ongoing 2010 John Haskett (2 i 3 } 485-5864 Sewer On_oinu 2010 John Haskett (213)485-5864 Sewer Omfjoing 2010 John Haskett (213)485-5864 Sewer Ongoing 2010 Sewer Ongoing 2010 John Haskett (213)485-5864 $3,894,324.38 State of California County of Los Angeles On //— _g, 2010, before me, Michael A. Prlich, President, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature GREGG ARDE�AL COMM.#1800880 c� Notary Public- California Los Angeles County Comm. Expires Jun 9, 2012 (Seal) Claims Inquiries Notice Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southwest Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number: Fax — Claims E-mail Mailing Address : 888-266-3488 860-757-5835 or 860-547-8265 claimsA I stepsurely.com The Hartford BOND, T-4 690 Asylum Avenue Hartford, CT 06115 Claims Inquiries Notice 2003 THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: MIKPR-77 c AIA- Document A310 o' ;� III, KNOW ALL MEN BY THESE PRESENTS. that we Mike Prlich & Sons, Inc. 5103 Elton St. Baldwin Park CA 91706 as Principal, hereinafter called the Principal. and Hartford Fire Insurance Company One Pointe Dr., Suite 325 Brea , CA 92822 a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Second Floor, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: CC No. 1368 - Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the_ faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 30th November.2010. (Witness) Mike Prlich & Sons, IN (Prin al) (Seaq MICHAEL LI A PWIEIENT Hartford Fire InsuEpapee Compa (Seat) (Witness) fie) Arturo Ayala, Attomey-in-Fact AIA DOCUMENT A310 . BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N-Y. AVE., N.W., WASHINGTON, D.C_ 20006 1 CALIFORNIA ALL-PURPOSE •-•.. ACKNOWLEDGMENT �'�" d' so si' d%, a7:"�7 s7' e➢' e�" d � d' sue' e7 a7 Ei`/":N"" A%' .�'t7� !Y STATE OF CALIFORNIA County of Orange On 11/30/10 before me, Susan Pugh, Notary Public Date Here Insert Name and Title of the Officer personally appeared Arturo Ayala Name(s) of Signer(s) € u"; "l " t)GH 1734680 Notary Public -California ? /s Orange County � ��--=''g h�t`jC-c?11-r. ;r:�s h.a :r �:.• , 2n11 �, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(o is/we subscribed to the within instrument and acknowledged to me that he/may executed the same in his/I orAl:i it authorized capacity(i&*, and that by hislbier*vair signature(s) on the instrument the person(a), 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 i��. 4✓-ti ` Z Place Notary Seal Above Signature of Notary Public Sust P h OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 11 /30/ 10 Bid Bond Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General 56 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: One ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item N5907 Reorder: Call Toll -Free 1-800-876-6827 Bond No. MIKPR-77 Direct InquideslClaims to: P f�WER �� ATTORNE � THE HAD, T-4 - �, JBOND, T�4 P.O_ BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call_ 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-181009 XO Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana L-^1 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois 0 Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the 'Companies") do hereby make, constitute and appoint, up to the amount of unlimited. Ralph Eidem, Jr., Daniel Huckabay, Arturo Ayala of Orange, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law_ in Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. -f-,J 04- . f��� Paul A- Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority_ E. AQe� ScottE. Paseka Notary Public CERTIHCATE My Commission Expires October 3 t, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 30th, 2010 Signed and sealed at the City of Hartford_ g �.e„e: 4+; ffas•{` : ya�sM� �rS�,18T8' �F '= 19T9 a 9 _� * owau'�. `+• •N �' s yrt a .Fiitie a ��d+ea4 `�, 4a�e 6 I 74 --- Gary W. Stumper, Assistant Vice President POA 2005 City of' Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 18, 2011 Nikola Corporation 18012 Cowan, Ste. 290 Irvine, CA 92614 RE: CC-1368 — Gravity Sewer Installation & Lift Station Demo — Ocean Hill Dr. Enclosed please find your original bid bond for CC-1368. Sincerely, 0000"M) :�Pjl-jjr4 Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister citiU.%A@jV/jMhA/ret rh4"q%cNew Zealand (Telephone: 714-536-5227 ) I V//< FC L' i,l-. H-E�' - 6 1: 4 a SEALED 1D CITY OF HUNTINGTON BEACH -• OCEANHILL DRIVE TO BEACH BOULEVARD AT ADAMS AVENUE Attn: City Clerk 2000 Main Street, Second Floor Huntington Beach, CA 11111161 Um Submitted by: NIKOLA CORPORATION Johnny Klichan 18012 Cowan, Suite 290 Irvine, California 92614 (949) 752-1900 — fax (949) 752-1910 SECTION C PROPOSAL for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 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 80 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. .O1eV -JF -4ci> Accompanying this proposal of bid, find -Ri 7 6vfVQ in the amount of $ Id which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received der's Signature C-2 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 1 1 Mobilization LS $ate 2 1 Traffic Control Plan LS 7v 3 1 Furnish Project Traffic Control LS ��7 Z t3 r 7 Z. 4 1 LS Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows during the project construction. $ $ 5 1 Ls Protect Existing Block Wall In Place, or Remove and Replace Existing Block Wall in kind. $ r?� $ / 7� G 3 Furnish and install sewer manhole. EA $,10,1. 1( $13 7 335 Furnish and install 8" VCP sewer main. LFi! 8 1 EA Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. � $9 C-3 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantitl Description Unit Price Amount 9 2 EAv7 Construct "Type B" Concrete Encasement Per Std Plan 514. $6 $ 10 1 EA Construct Single 6" Sewer Main Siphon Assembly, including structural support plans as outlined within the project Special Provisions $ $ 11 1 EA Construct Twin 6" Sewer Main Siphon Assembly, including structural support plans as outlined within the project Special Provisions / d �(�� $ ri L/(/ to 12 1 LS Construct Twin 6" PVC, Sch 80, Air Return Lines And Connect To Manholes Per Detail Sheet 6. $ �"` f'j $ —7yi7u _ 13 1 LS Core Drill Existing OCSD Manhole Per Std Plan S- 057, Re -Form Manhole Shelf Per Detail Sheet 6. Install Gas Flap Per OCSD Std. Plan S-056, and Repair Existing Manhole Liner In Accordance With OCDS $ $ Standard Plans And Specifications. 14 4 Join To Existing Manhole. EA 15 3 Re -Connect Existing Sewer Laterals Per Std. Plan 507. EA 16 1 EA Remove Existing Sewer Stub, South Side, And Plug. Refer To Detail Sheet 6. $il5 $ C-4 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Did Item Extended No. Quantity Description Unit Price Amount 17 1 Remove And Abandon Existing Sewer Main Or LS Manhole. $� $'2i3 18 1 Remove and Abandon Exist Sewer Lift Station and All Appurtenances, Including 4" Forced Main, Electrical $ $ LS Meter, Breaker Panels Edison Service, Verizon f �' W- 7 Service, And Reconstruct Affected Areas Per Std Plan 104. Abandon After New Sewer Is Installed, Tested And Accepted By The City. I 29 Furnish and install 8" cut -in gate valve assembly. P- $ vI21 't y� $ gq x: EA 20 1 Furnish and install 8" water main inverted siphon assembly, omitting pumpout and 2 gate valves. $ EA J 129 4,0c 21 1 Furnish and install 2" tap with temporary blow -off assembly for chlorination. After chlorination is $ $ LS completed remove corp and replace with brass plug, �a J 2.59 then wrap with C217 wax and tape. 22 2 Raise water valve box to grade. $ $ fiat Y EA 23 5 Raise Existing Utility Box To New Finish Grade, If Damaged Coordinate With Utility Agency For To Utility Box And $ $ , EA Applicable Standards Replace Raise To New Finish Grade. 24 260 Remove And Construct New 6" Curb And Gutter Per LF Std Plan 202. $ $_�� C-5 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. QuantityUnit Description Price Amount 25 30 Remove and Construct New Curb And Gutter, Type LF A2-8, Per Caltrans Std Plan Rsp A87A. $ $ 26 50 LF Remove And Construct New Curb And Gutter, Type 132-6, Per Caltrans Std Plan RSP A87A and as Modified On Detail Sheet 6. $ 27 1925 SF Remove and Construct New Sidewalk Per Std Plan 207. $ $1 °' 66) 28 550 SF Remove and Reconstruct Residential Drivewav Approach Per HB Std. Plan 209. 29 1 EA Remove and Constrict Curb Access Ramp Per Caltrans Std. Plan A88A Or A88B. $ $ 30 4750 SF Surface Grind Existing A.C. To A Maximum Depth Of 0.17' $ C C-6 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 31 60 Unclassified Excavation TN y� / $ 32 235 Construct 0.17' Minimum Thickness A.C. Latex Overlay To Match New Finish Grades Across The $ $ ' TN Entire Roadway Surface. 1 s oO 33 245 Furnish and Install PVC SDR 35 Sewer Pipe / LF Total Bid Amount (Sum of Bid Items) (Basis of Bid Award) Total Bid Amount in Words: /, vt- Notes: All extensions of unit prices will be subject to verification by Agency. In case of verification 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-7 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 which ever is greater, and the portion of the work to be done by such subcontractor. Portion of Work Nafne and Address of Subcontractor State License Number Class,, fir y 13 e .�Lt►c�'.1.r�is to LRr /�— "'kn v L-'2 �V. /+�c:. /l�-2 �'t ems. �.n! �- w►-z; �� � 6` to � j ��'�� ,�- G��5rlrl�- tY4-- By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be fumished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-8 1-3 Z. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn deposes and says that 6916r she is of /1/ 44- �'--n4-f7aA/ the party making the fo er going bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Si at 46idh-� &",/,Cl, err a f o Address of Bidder ' -q of (,tr C4- q 2 4, y Subscribed and swom to before me this day of , 20 _ spy �Tfi�C.i�� NOTARY PUBLIC C-9 NOTARY SEAL cou--vs,6„� This certificate is attached to a page document dealing with/entitled �CF1 �it� and dated California JURAT State of California County of Q KJ%p�61, Subscribed and sworn to (or affirmed) before me on this day of �J Em 2010 , by J N . XL1 Wr�,) , proved to me on the basis of satisfactory evidence to be the person( who appeared before me. *- CAROL Z LUSTIG V E COMM. #1717578 (tf ®w NOTARY PUBLIC - CALIFORNIA ORANGECOUNTY O COMM. EXPIRES JAN. 16, 2011 Seal Signature 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 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive, from Oceanhill Drive to Beach Boulevard at Adams Avenue, CC No. 1368, (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: % 2 & /jy Contractor aBy C-10 Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? it ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 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 of / 2,j`p C-t 2 Contrac B- A-1 Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor LO Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-13 BIDDER°S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name / ble i ?, Business Address V,Al2-r- of 4-72C/41 City, State Zip (4�9eer) 75-2- •19oo Telephone Number 8/ a 3 T- r7 — A--. State Contractor's License No. and Class Original Date Issued ` Expiration Date The work site was inspected by-TVza evf,"t H of our office on / 2-/ -3 20/cP The following are persons, firms, and corporations having a principal interest in this proposal: Ito//V'a c,-J� (Zxe04A-1.7, ^/ . d Al- �v eya .- z, 14 - i!. 64iF ���...o" e c, C-14 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and swom to before me this ` day of 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-15 8 ►Oo�QS" This certificate is attached to a 01.,_ page document dealing with/entitled-y'i',F d��;Q�)� li�l and dated California JURA►T State of California County of O11r, (,-L Subscribed and sworn to (or affirmed) before me on thisday of bT--C_J,Bgrit_tZ , 20� , bye�Nw (.UACJ , proved to me on the basis of satisfactory evidence to be the persorrf who appeared before me. •- a •. CAROL A. LUSTIG3 V Comm. #1717578 NOTARY PUBLIC -CALIFORNIA O ORANGE COUNTY w COMM. EXPIRES JAN. 16, 2011 Sea Signature General Engineering Contractor CA Lic.# 813357 28.OWNER: City of Redondo Beach CONTACT: Mr. Mike Shay, Project Engineer (310) 318-0661 DATE: November 2009 — June 2010 PROJECT: Sapphire Storm Low Flow Diversion Pump Station, Forced Main, Electrical & Filtration System AMOUNT: $ 690,000 29.OWNER: City of Fullerton CONTACT: Mr. Eliseo Bravo, Construction Inspector (714) 738-5348 DATE: May 2010 — November 2010 PROJECT: Riverside Dr. and Raymond Ave. Sewer & Street Imp. 4,300 L.F. of 8" and 10" Verified Clay Pipe and Manholes AMOUNT: $1,100,000 30.OWNER: North Orange Community College District CONTACT: Ms. Dorothy Whitehurst, District Director Purchasing (714) 808-4776 DATE: November 2010 - Present PROJECT: Fullerton College Storm Drain Improvements CDS Units and Storm Gate Manhole — 24" Pipe and appurtenances AMOUNT: $220,000 18012 COWAN, SUITE 290, IRVINE, CA 92614 TES: (949) 752-1900 FAX: (949) 752-1910 WWW.NIKOLACORP.COM General Engineering Contractor CA Lic.# 813357 REFERENCES ® PROJECTS 2009 25.OWNER: City of Pasadena CONTACT: Mr. Bob Gardner (626) 744-4312 DATE: November 2008 — January 2009 PROJECT: 2009 Sewer Pipe Repairs Sewer Main "point repairs" and Manholes AMOUNT: $ 109,000 26.OWNER- Jurupa Community Services District CONTACT: Mr. Kiran "Sam" Sampat (951) 685-7434 DATE: February 2009 — April 2009 PROJECT: JCSD Headquarters On -site Sewer Improvements Sewer Main, Manholes, Vaults and Electrical AMOUNT: $ 275,000 27.OWNER- City of Redondo Beach CONTACT: Mr. Mazin Azzawi, Project Engineer (310) 318-0661 DATE: June 2009 — November 2009 PROJECT- Sanitary Sewer Rehabilitation — Phase 8A 5,300 LF of 12" VCP and 24 Manholes AMOUNT: $ 1,066,000 18012 COWAN, SUITE 290, IRVINE, CA 92614 TEL: (949) 752-1900 FAX: (949) 752-1910 wvwv.NIKOLACORP.COM City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane, CC1368 December 1.2010 Notice to All Bidders: Addendum Number Two nullifies Addendum Number One. Addendum Number One was a mistake and is now nul and void. This is to acknowledge receipt and review of Addendum Number T , ted m er 1, 2010. //</oC, Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. -1 of 1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane, CC1368 November 30, 2010 Notice to All Bidders: Please note the following revision to the project Bid Proposal, Section C of the Project Contract Documents, Bid item No.7 shall be changed from: 7 335 LF Furnish and install 8" VCP sewer main. Bid Item No. 7 shall be changed to: 7 Per Addendum One, furnish and install 8" VCP 580 sewer main, and 8" PVC SDR 35 sewer main. LF Bid proposal sheet C-3, has been modified to address the changes to bid item 7, and is attached with addendum number one. Bidders are instructed to remove the sheet "C-3", and replace it with the modified sheet "C-3 Revised per Addendum One", within their Bid Proposal. This modification does not change the Engineer's Estimate for this project. This is to acknowledge receipt and review of Addendum Number One, dated November 30, 2010. Company Name By w 1,2-'�4, .2Q 01 U Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. -1 of 1 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount I 1 Mobilization LS 2 1 Traffic Control Plan LS 3 1 Furnish Project Traffic Control $ $ LS 4 1 Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows $ $ LS during the project construction. 5 1 Protect Existing Block Wall In Place, or Remove and Replace Existing Block Wall in kind. $ $ LS 6 3 Furnish and install sewer manhole. EA 7 Per Addendum One, furnish and install 8" VCP 580 sewer main, and 8" PVC SDR 35 sewer main. LF S 1 Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. $ $ EA C-3 Revised Per Addendum One City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane, CC1368 December 1.2010 Notice to All Bidders: Addendum Number Two nullifies Addendum Number One. Addendum Number One was a mistake and is now nul and void. This is to acknowledge receipt and review of Addendum Number Two, Deq4nber 1, 2010. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Andrew Ferrigno at (714) 536-5291. -1 of 1 r� MERCHANTS BONDING COMPANY (MUTUAL.) 2100 FLEUR DR., DES MOINES, IOWA 50321 BOND NO. KNOW ALL MEN BY THESE PRESENTS, That we, Nikola Corporation 5418 as Principal, and Merchants Bonding Company (Mutual) a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach in the full and just sum of (hereinafter called the Obligee) TEN PERCENT OF THE AMOUNT OF THE BID Dollars, ($) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Gravity Sever Installation & Sever Lift Station Demolition @ Oceanhill Dr. to Beach Blvd. at Adams Ave.- CC No. 1368 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 24th day of November 2010 YEAR Niko Co o ' n Merchants Bonding Com an Mutual suety By By. ZL Attorney -in -Fad _io nny khan - PresidenfnncPa' an Mantle r CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 0 9:AN 61 On k47 �,1 before me, (Here personally appeared name and title of who proved to me on the basis of satisfactory evidence to be the persons) whose name(r) is/are subscribed to the within instrument and acknowledged to me that he/shuffi ey executed the same in his/herAWr authorized capacity(ies), and that by his/hcir signatureH on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ° CAROL A. LUSTIG 3 V p COMM. # 1717578 NOTARY PUBLIC - CALIFORNIA Li WITNESS my hand and official seal. 2 • ORANGECOUNTY n COMM. EXPIRES JAN.16, 2011 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) C i of- urtm N G�f Dr J &AC-H Title or description of attached document continued) Number of Pages Document Date lID1 17e (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Ii Cgo or Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears abore in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e- he/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dit%rent document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 www.NotaryC]asses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,2� 1 �<�N�.v.��.v!�.v= ���..s��'\i..1v'�.�'�v.'�yvaS��Y.-�.i�S.�o. w•'�i� �C�:�.-.'\�.v��.�.��A'?w �.� ��� y� ��v,� .�� State of California County of Orange On it^k J; I/ before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Ryan Mantle Name(s) of Signer(s) MARY MARTIGNONI r COMM. # 1761251 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Sept. 9, 20VI Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persorfK whose name is1W subscribed to the within instrument and acknowledged to me that helsexecuted the same in his4wTIhot authorized capacity and that by hisniogtflpiCsignature(Kon the instrument the personK or the entity upon behalf of which the personV_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. Signatur Sig tur f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ryan Mantle ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General A Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Merchants Bonding Company (Mutual) 'RIGHTTHUMBPRINT OF+SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee D. Guardian or Conservator ❑ Other: Signer Is Representing: R_IGHTTHUMBPRINT OFSIGNEPR 02007 National Notary Association- 9350 De Soto Ave.. PO Box 2402 -Chatsworth, CA 91313-2402- www.NatwnalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the taws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, Stale of Iowa, hath made. constituted and appointed, and does by these presents make, constitute and appoint Les M. Mantle, Ryan Mantle of Fullerton and State of California its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: SIX MILLION ($6,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seat 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 fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 20th day of January . 2009 . .f-.•_ 0 0.3• • z: y , 1933 0 ti •,6;�.... • `tea: STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) /-'r-"f�� President On this 20th day of January , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly swam did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL). the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa the day and year first above written. yy CINDY SMYTH F Commission. Number 173504 77 cr. My Commssion Expires March 16, 2009 Notary Public. Polk County Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL). which is still in full force and effect and has not been amended or revoked. In Witness Whereof 1 have hereunto set my hand and affixed the seal of the Company on this 24th day of November, 2010 Secretary POA 0001 (1/06) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 18, 2011 Paulus Engineering, Inc. 2871 E. Coronado St. Anaheim, CA 92806-2504 RE: CC-1368 — Gravity Sewer Installation & Lift Station Demo — Ocean Hill Dr. Enclosed please find your original bid bond for CC-1368. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citig.4iof"j.$Iclgpomt/ret i�g &,New Zealand ( Telephone: 714-536-5227) Paulus Engineering; Jne. 2871 E. Coronado Street Anaheim, CA 92806.2504 co' /4jat mS 4v e . D Ceq, (7 V'Gj' v (0 CL Sew er Z-���'� �(0k) SECTION C PROPOSAL for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 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 80 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. L Accompanying this proposal of bid, find Old °j� in the amount of $ 1�y. which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addendaallo: 4 Date'Received-: - Bidder's Si natures C-2 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No, Quantity Description Unit Price Amount 1 1 Mobilization LS $I d 2 1 Traffic Control Plan LS $$ $ 2/ 3 1 LS Furnish Project Traffic Control $� $�+ Ji ba)- — 4 1 LS Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows during the project construction. $�, $ 5 1 LS Protect Existing Block Wall In Place, or Remove -and Replace Existing Block Wall in kind. Br W $ ,�� 11 CIO $ e 1 � l/f/ 00 a� 6 3 EA Furnish and install sewer manhole. $ ZGO UJ $077, 00 7 335 LF Furnish and install 8" VCP sewer main. $ $70, 3S0 g 1 EA Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. C-3 W, Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 9 2 EA Construct "Type B" Concrete Encasement Per Std Plan 514. $ � 1— $� .d� 10 1 EA Construct Single 6" Sewer Main Siphon Assembly, including structural support plans as outlined within the project Special Provisions $ Z �000-0 11 1 EA Construct Twin 6" Sewer Main Siphon Assembly, including structural support plans as outlined within the project Special Provisions $ S 0 0 $�/�� O 0O 12 1 LS,®o Construct Twin 6" PVC, Sch 80, Air Return Lines And Connect To Manholes Per Detail Sheet 6. $ Oz o -- $ 13 1 LS Core Drill Existing OCSD Manhole Per Std Plan S- 057, Re -Form Manhole Shelf Per Detail Sheet 6. Install Gas Flap Per OCSD Std. Plan S-056, and Repair Existing Manhole Liner In Accordance With OCDS $7 UQ $ Standard Plans And Specifications. 14 4 Join To Existing Manhole. EA J� $ 15 3 EA Re -Connect Existing Sewer Laterals Per Std. Plan 507. $ OO t� $ .7 /j�1/l_U% 16 1 EA Remove Existing Sewer Stub, South Side, And Plug. Refer To Detail Sheet 6. $ O—':119 CZ/ $1,00d C-4 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 17 1 Remove And Abandon Existing Sewer Main Or LS Manhole. $ $ �^ 18 1 Remove and Abandon Exist Sewer Lift Station and All Appurtenances, Including 4" Forced Main, Electrical Meter, Breaker Panels Edison Service, Verizon $9-7� $1�Zu ` LS Service, And Reconstruct Affected Areas Per Std Plan �� 104. Abandon After New Sewer Is Installed, Tested And Accepted By The City. 19 2 Furnish and install 8" cut -in gate valve assembly. EA $,`/,$7 -= 20 1 Furnish and install 8" water main inverted siphon EA assembly, omitting pumpout and 2 gate valves. $S�a n' 21 1 Furnish and install 2" tap with temporary blow -off assembly for chlorination. After chlorination is $ LS completed remove corp and replace with brass plug, then wrap with C217 wax and tape. 22 2 Raise water valve box to grade. $ .3300 Q $ EA 23 5 Raise Existing Utility Box To New Finish Grade, If EA Damaged Coordinate With Utility Agency For Applicable Standards To Replace Utility Box And $� P� $ Raise To New Finish Grade. 24 260 Remove And Construct New 6" Curb And Gutter Per Std Plan 202. $ $ LF C-5 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at ®ceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 25 30 LF Remove and Construct New Curb And Gutter, Type A2-8, Per Caltrans Std Plan Rsp A87A. $ (Prim $/�. 26 50 LF Remove And Construct New Curb And Gutter, Type 132-6, Per Caltrans Std Plan RSP A87A and as Modified On Detail Sheet 6. $ 27 1925 Remove and Construct New Sidewalk Per Std Plan) 207. $ SF 28 550 SF� Remove and Reconstruct Residential Driveway Approach Per HB Std. Plan 209. $� $ 29 1 EA Remove and Construct Curb Access Ramp Per Caltrans Std. Plan A88A Or A88B. $ $ 0la© K 30 4750 SF Surface Grind Existing A.C. To A Maximum Depth Of 0.17' $/ d $��s o C-6 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 31 60 TN Unclassified Excavation $ 32 235 TN Construct 0.17' Minimum Thickness A.C. Latex Overlay To Match New Finish Grades Across The Entire Roadway Surface.„ $ , $ t 33 245 LF Furnish and Install PVC SDR 35 Sewer Pipe ZAP $ `--U !mot �/ Ll Cam' Total Bid Amount (Sum of Bid Items) $ /i J 7S (Basis of Bid Award) Total Bid Amount in Words: _ �l Notes: All extensions of unit prices will be subject to verification by Agency. In case of verification 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-7 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 which ever is greater, and the portion of the work to be done by such subcontractor. Portion .. .k. o 'Work Name and Address of Subcontractor. State License �y Number Class , , h,C140ks Manhole? 6ofix4evc1lI ,i S�eelal tsts; hc� -�'Odb 4l- l ",4 1 Ar, CbiAOL q�39q �15&/ ph �2 C Cv�ct E � v� f� ��`^/� o— fv'(Naha �� /%b G By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ASI---Ji0.'kLJ S , being first duly sworn, deposes and says that he or she is r-O f of 4 K L) S L4 �(� !. I I1� K Avahe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. r Name Si 04 S ' & t jo enz tj L of Bidder o? *1 6 i 60.0 4" & AV WI,aa Address of Bidder Subscribed and sworn to b ore me this day of , 20 _ . .D NOTARY PUBLIC C-9 NOTARY SEAL � Z V()G 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 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive, from Oceanhill Drive to Beach Boulevard at Adams Avenue, CC No. 1368, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees thattheprovisions 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: / Z- 4-4_0 /C) C-10 Contractor CA Title 0. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes WNo 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-11 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: It-(,1010 C-12 Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: '1'2,t'"51.� Title Date: 11- S-' 201 V Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-13 JURAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 5 h day of December, 2010 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Notary Seal) CYNTHIA J. VALENCIA Commission # 1773427 -�s Notary Public - California Z ' Orange County My Comm. Expires Oct 15, 2011 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Non -Collusion Affidavit (Title or description of attached document) Number of pages: Document Date: (Additional Information) BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: i' J S Bidder Name Business Address A164 4 1" (2 lk9 "() C City, State Zip (-11') (3 Z 3°t 7 S-- Telephone Number 70?q tl Ll k State Contractor's License No. and Class Original Date Issued G -3 o— C;t Z Expiration Date The work site was inspected by 141 (AYIA&VU our office on / z —6� , 2010 The following are persons, firms, and corporations having a principal interest in this proposal: ?4ML-WS, 1A2 I A� c. faki O S �.uS cS 16wT' S�g1 i $4 k 0 E tS _JV Al AC L;' F d AM! 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. I AL&LOS �, OJ & 1AJ f #J G Company Name Signature of Bidder -3ptSDo Ppfukt., Printed or Typed Signature Subscribed and sworn to before me this ____ day of NOTARY PUBLIC 200_ . dvl�-J NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. � E- =oR- l-- � Name and Address of Public Agency IN 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-15 Date Completed Date Completed Date Completed QwnerlConfaict Information,• -ct Proj.'Location• D- • e e e • - • •. - • -- City of Anaheim Citywide Sanitary Sewer Improvements Anaheim Install Sewer Line $ 367,918.00 Apr-09 Psomas 200 S. Anaheim Blvd. 18" Up to 20' Deep 3187 Red Hill Ave Anaheim, CA 92805 Costa Mesa, CA 92626 (714) 765-5059 v (714) 765-4409 f Coachella Valley Water Dist. Monroe Street Trunk Sewer Coachella Install Over a Mile $ 776,328.00 Feb-09 MSA Consulting Inc 85-955 Ave. 52 of 12" Sewer Line 34200 Bob Hope Dr Coachella, CA 92236 Rancho Mirage, CA 92270 Jorge Meza (760)391-9637 City of Fullerton Sewer Repl Proj. 2007-08 Fullerton Install 18" Sewer up $ 1,100,218.00 Dec-08 DMJM Harris 303 W. Commonwealth Ave. To 24' Deep 999 Town & Country Rd Fullerton, CA 92832 Orange, CA 92868 Eric Villagracia (714) 738-6853 v (714) 738-3115 f Irvine Ranch Water District Bayview Sewage Lift Station Newport Beach Bypass and Replace $ 429,000.00 May-09 URS 15600 Sand Canyon Ave. Main Lift Station 2020 E 1st St Irvine, CA 92618 Pumps & Vaults Santa Ana, CA 92705 Anita Arant (714)453-5300 Ventura County Waterworks 21" Arroyo Simi Trunk Sewer Ventura Install 21" PVC $ 360,000.00 Jul-08 Pennfield & Smith 6767 Spring Road Sewer Line w/ Bore 1322 Del Norte Rd Moorpark, Ca. 93020 Under Railroad Tracks Camarillo, CA 93010 Cefe Munoz (805) 378-3020 (805) 529-7542 JURAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 5th day of December, 2010 1 by Jason Paulus proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 0"4-01;t� Signatu�e (Notary S CYNTHIA J. VALENCIA Commission # 1773427 -a Notary Public - Camornia 'f _ ° ` orange County MyComm. Ex 'res Oct 15, 2011 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Non -Collusion Affidavit (Title or description of attached document) Number of pages: Document Date: (Additional Information) North American Specialty Insurance Company Bond #7-B Premium Nil BID BOND KNOW ALL MEN BY THESE PRESENTS, That We, Paulus Engineering, Inc 2871 E. Coronado Street s of Anaheim _Ca92806 as Principal, and North American Specialty Insurance Company, of Manchester, New Hampshire, as Surety, a New Hampshire corporation duly licensed to do business in the State of California are held and firmly bound unto City of Huntington Beach as Obligee, in the penal sum often percent of amount bid Dollars (�_ 10% }, for the payment of which the Principal and the Surety bind themselves, -their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for Oceanhill Sewer Lift Station NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract . with another party to .perform the work if the latter amount be in excess of the former, in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud agaiipst an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of !p�urance fraud. SIGNED, .SEALED AND DATED this 6 th day of Decem er 2010 Paulus jEng"ring, Inc. al By: 3 f No /+�@n Speciattye Company _......__.. _ . Charles L. F1 BNO 140 S REV (05195) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ei`P � � �%" dt;"• `iT d d' d a"d' -•✓" d �'- d' d' d6"'d d e;r d' d U' STATE OF CALIFORNIA County of Orange } On 12/6/ 10 before me, Lexie Sherwood: Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Names) of Signer(s) LEXIE SHERWOOD COMM. #1856389 R '0 NOTARY PUBLIC • CALIFORNIA n ORANGE COUNTY Comm. Exp. JULY 27, 2013 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and o icial seal. Signature G Place Notary Seal Above Signature of Not4y Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\.pylW..wm°'wmvw'c y'' ...�l'G By..:' G t: ,. 5clil .Z Steven P. Anderson, President &fief EaeNtive Officer ofweshingtoa International Insurance Company 2 • SEAL ¢ �izCyi =,�st1 1973 W_• rm� & Senior Via President of North American Specialty loauraaee Company On. P y, ryi4pbpN; iat"�\\o �D Darid M. L.yman, Sesdar Vice Presidon of WashinYton International Insaranca Compnay & Vice President orNosth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 16th day of August , 2010 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 16th day of August 20 i 0 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comnanies. "OFit(YALSET Nowy.Pubiic,Side oiluinob DonnaD. Skiens, Notary Public Mytbmmiaalon PVm106T2Q11 I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seats of the Companies this 6 th day of December 20 10 James A. Carpenter, Vice president & Assistant Secretary of Washington International Insurance Company & North American Specialty Insinance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 12/06/10 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIWESS my hand and official seal. 9 CYNTHIA J. VALENCIA a Commission # 1773427 -m Notary Public - California Z Orange County si afore o otary Public {Notaryeal MyConvn.E>piresOc115,2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder's Bond Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other City of Huntington beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 18, 2011 United Engineering & Construction, Inc. 336 N. Central Ave., Ste. 10A Glendale, CA 91203 RE: CC-1368 — Gravity Sewer Installation & Lift Station Demo — Ocean Hill Dr. Enclosed please find your original bid bond for CC-1368. Sincerely, J F: pe Enclosure Sister Citi� totf�rl3Jl��c 2$Ru�et �� &,New Zealand t Telephone : 714-536-5227 ) 5 cl SECTION C PROPOSAL for the Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive from Oceanhill Drive to Beach Boulevard at Adams Avenue CC No. 1368 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 80 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 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", as the case may be). Bidder shall signify receipt of all Addenda here, if any: ,Addenda No. Date, Received Bidder's Si nature o 121 2,12WO C-2 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 1 1 Mobilization LS — 0 i 2 1 Traffic Control Plan LS O o !2-2 C 3 1 Furnish Project Traffic Control LS aa, �00 --` 4 1 Provision and maintenance of bypass pumping as required to maintain the existing sanitary sewage flows $ $ LS during the project construction. ( Of 00 0 5 1 Protect Existing Block Wall In Place, or Remove and Replace Existing Block Wall in kind. $ $ LS [5Q/ 00g_ (0,eVO � 6 3 Furnish and install sewer manhole. EA l 0&9 1 � 7 335 Furnish and install 8" VCP sewer main. LF 120 4010—O g 1 Construct Concrete Encasement Per Std Plan 514 And As Modified Per Detail Sheet 6. $ $ EA c o —14 e2 (2 0 C-3 Project ]Bid Schedule CC1368 Gravity= Seiner Installation and Sewer Lift Station Demolition at ®ceanhill Lane Item Estimated Sid Item Extended No. Quantity Description Unit Price Amount 9 2 Construct "T)T)e B" Concrete Encasement Per Std Plan EA 514. s 10 1 EA Consmect Single 6" S-. er Main Siphon Assembly, including structural support plans as outlined ,.vahin _ the prnject Special Provisions $ S �� I1 1 EA Construct Txvin 6" Sewer 1tilain Siphon Assembly, including structural support plans as outlined within ;he projcct Special Provisions $ t 12 i 1 LS Construct Twin 6" PVC, Sch 80, Air Return Lines And Connect To''vlanholes Per Detail Sheet 6. $ 13 1 LS Core Drill Existing OCSD Manhole Pcr Sid Plan S- �57,"Re-Form Manhole Shelf Pcr Detail Sheet 6. 'Install Gas Flap Per OCSD Std. Plan S-056, and Repair Existing Manhole Liner In, Accordance With OCDS �I --- Standard Plans And Specifications. l a2ov Z4A?dJ I 14 4 Join To Existing Manhole. EA ;�7 $ v 15 3 Re -Connect Existing Se�,kTr Laterals Per Sid. Plan 507. 4 EA I f 16 1 Remove Existing Sewer Stub, South Side, And Plug, EA Refer To Detail Sheet 6. $ IF J. v $ C-4 > 1g0a Z'd ONt, L09 9Z9L dZ0:L0 0L 90 084 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 17 1 Remove And Abandon Existing Sewer Main Or Manhole. $ $ LS 3, Forte 18 1 Remove and Abandon Exist Sewer Lift Station and All Appurtenances, Including 4" Forced Main, Electrical $ $ LS Meter, Breaker Panels Edison Service, en ' Service, And Reconstruct Affected Areasas Per Std Plan 104. Abandon After New Sewer Is Installed, Tested And Accepted By The City. 2-g000 19 2 Furnish and install $" cut -in gate valve assembly. EA 5.20 0AP,,9 20 1 Furnish and install 8" water main inverted siphon assembly, omitting pumpout and 2 gate valves. $ $ EA_��_ 21 1 Furnish and install 2" tap with temporary blow -off assembly for chlorination. After chlorination is $ $ LS completed remove Corp and replace with brass plug, C217 n GC-0 b� /f wpm then wrap with wax and tape. 22 2 Raise water valve box to grade. EA 0 :7(9 0_ 23 5 Raise Existing Utility Box To New Finish Grade, If Damaged Coordinate With Utility Agency For $ $ EA Applicable Standards To Replace Utility Box And Raise To New Finish Grade. 24 260 Remove And Construct New 6" Curb And Gutter Per Std Plan 202. $ $ LF_ It Zoo C-5 " I Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 25 30 Remove and Construct New Curb And Gutter, Type A2-8, Per Caltrans Std Plan Rsp A87A. $ $ LF�(�� 26 50 Remove And Construct New Curb And Gutter, Type 132-6, Per Caltrans Std Plan RSP A87A and as $ $ LF Modified On Detail Sheet 6. 27 1925 Remove and Construct New Sidewalk Per Std Plan 207. $ $ SF Q 1 Z _, _ / 28 550 Remove and Reconstruct Residential Driveway Approach Per HB Std. Plan 209. $ $ SF -7 29 1 Remove and Construct Curb Access Ramp Per Caltrans Std. Plan A88A Or A8813. $ $ EA :11, 30 4750 Surface Grind Existing A.C. To A Maximum Depth Of 0.17' $ $ SF . t 9 062 C-6 50'.4 92 Project Bid Schedule CC1368 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Lane Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 31 60 Unclassified Excavation TN 2 ey p —1 2-f Goo 32 235 Construct 0.17' Minimum Thickness A.C. Latex Overlay To Match New Finish Grades Across The $ $ TN Entire Roadway Surface. 33 245 Furnish and Install PVC SDR 35 Sewer Pipe LF_ $S' Total Bid Amount (Sum of Bid Items) $ (Basis of Bid Award) Total Bid Amount in Words: Notes: All extensions of unit prices will be subject to verification by Agency. In case of verification 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-7 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 which ever is greater, and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor- State License Class of Work _ Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-8 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of 8ratge Los k-&C- t-C—S Q, rj , being first duly sworn, deposes and says that he or sX is of ! ; �4 Funs ; the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I /y- Name of Bidder <��Z— Signature of Bidder 3,36 n/ Cam1 � r � s°6W6 10 Address of Bidder (-,716,,jq 1-7-c 3 Subscribed and sworn to before me this 3 day of��errW�C—G�, 20 IV. NOTARY PUBLIC C-9 �i LAUREL PAVONE g COMM. #1846257 N NOTARY PUBLIC- CALIFORNIA N k 4' LOS ANGELES COUNTY My Comm. Expires Apr. 25, 2013 NOTARY SEAL 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 Gravity Sewer Installation and Sewer Lift Station Demolition at Oceanhill Drive, from Oceanhill Drive to Beach Boulevard at Adams Avenue, CC No. 1368, (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: 12-, f- 2olD C-10 Uni Jed 62nis Contractor By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 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: IZr a, 05 t0 C-12 Contractor By Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor IC Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-13 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Un r Bidder Name Business Address City, State Zip � I i > 662, 96T S_ Telephone Number qc) 2� Z- 8 State Contractor's License No. and Class See �o - Zo o 7 Original Date Issued Sq 20 ZoIZ Expiration Date The work site was inspected by 161 Polk of our office on �� � , 20 ( O The following are persons, firms, and corporations having a principal interest in this proposal: C-1 4 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder r Printed or Typed Signature Subscribed and sworn to before me this _G_ day of , 2ft . NESTOR G. M NJIVAR 00MM. 017/9491 �y . i'E�i�s ta.n. 23, 701l NOTARY PUBLIC �� �� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. Name and Address of Public Agen Name and Telephone No. of Project Manager: �Mla Wo o) 3 C-10 It D�r'�� {� e ��► �� ��� � �''� � �� _ ..._ b er �.,,Nv�-. �2010 Contract Amount Type of Work T _" Date Completed NamPand Address of Public Agency Name and Telephone No. of Project Manager: A r i VEr (7 % ) 2 T 9 — g6 7 7 �{ 4© k LA IK4e- Contract Amount Type of Work Date Completed 3.i Ca Name and Address of Public Agency Name and Telephone No. of Project Manager: am, RA Lic'k./ P�+ 1�►�.� . fi,�� -► -�--p� - Contract Amount Type of Work Date Completed (pf "k,41 C-15 `TG:aEq INSCO INSURANCE SERVICES, INC. lnc'r® Underwriting Manager for: �U1 p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 I® BOND BOND NO. N/A - No bid bond number KNOW ALL MEN BY THESE PRESENTS, That we, United Engineering and Construction, Inc. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of bound unto City of Huntington Beach in the full and just sum of Ten Percent (10%) of Amount Bid Iowa as Surety, are held and firmly after called the Obligee) Dollars, ($ 10% of Bid Amount) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Gravity Sewer Installation and Sewer lift Station Demolition NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect - Signed and Sealed this 3rd United Engineering and Construction, Inc. Principal 0-1198 (Bid Bond) (REV. 1/01) day of December 2010 YEAR Developers Surety and Indemnity Company Surety j By: Attorney -in -Fact Gerald L. Ervin CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On DEC - 12010 Date before me, DEBRA K. BELL NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared GERALD L. ERVIN Name(s) of Signer(s) If aDEBRA K. BELL Commission # 1756102 Notary Public - California z Z ` '.•...' r L b Los Angeles County My Comm. Expires Jul 30, 2011 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 and fficial seal. ..., Signatu [ L_ Place Notary Seal Above Sign. ur. of Notary Pu 1": OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate OfficerTitle(s):_ ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: :(�<)�-=G'�C.'L�`G`t�`:�`�,�'�L-_`<.`�CS`�GZE:�4�`_c�`�,'�:�t'�'�:��C:`�`L�`<>`�t�ti`✓t>`�;�`t�``��C.'.`Z`;�� J_ — — � . _ �4`L�ki`Ct:�Ji✓4'Z �'� POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Cindy L. Ridley, Gerald L. Ervin, Kathy Youmans, Beverly Miller, Debra Bell, Jerry Schumacher, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(sYin-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cerfificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking of contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By. Daniel Young, Vice-Presidentco AND p ' � ac< OCT. By: `� 10 =� Stephen T. Pate, Senior Vice -President o� 1 9 3 8 ` t � p aa State of California .;�a, County of Orange On August 13th, 2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate 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)herltheir signature(s) on the instrument the person(s), or the entity upon behalf of JENWTT which the person(s) acted, executed the instrument. COMM. # 1791" N=RY PUt3LiC GAUF0F to I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 011AMECOURN true and correct. F4b� . I my Comm. exoros Pad. I�, 2=0 2 WITNESS my hand and official seal. Place Notary Seal Above Signature Je TT Ng n, try Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of DEC `" 3 2010 By: f me?�- regg Okur , istant Secretary ID-1380(Rev.11109)