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Jamison Engineering Contractors, Inc. - 2008-07-24
CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO. Joan L. Flynn, City Clerk FROM: Travis K. Hopkins, PE, Director o 46i`cWo—rks DATE: July 16, 2009 SUBJECT: Explanation for the. Absence of a Construction Contract for CC-1335, the Emergency Sewer Pipeline Replacement Project on the Huntington Beach Pier In response to a break in the 6-inch sewer pipeline located in the utility chase within the Huntington Beach Pier, the Department of Public Works requested and received an Emergency Requisition to secure the services of a contractor for the immediate replacement of the pier sewer pipeline. Due to the expedited nature of this project, a purchase order was issued in lieu of a standard construction contract. Should you have any questions or require any additional information, pleases contact me. TKH:jg CC 1335 Emergency Replacement of Sewer Pipeline on the FIB Pier Contact: Andrew Ferrigno Bid due date: 7/24/2008 Phone: (714) 536-5291 Addenda: None Email: aferrigno@surfcity-hb.org Cost of Plans: $0.00 Bid Amount Bid Amount Corrected Rank Atlas Allied Inc. 72 oo BnB Engineering DO 2- Charles King Company ! 11 40 1., p t 1 3 Jamison Engineering - `O 1 1- Page 1 of 1 Esparza, Patty From: Ferrigno, Andrew Sent: Wednesday, July 23, 2008 8:04 AM To: Esparza, Patty Subject: Bid Opening Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier, Patty, This emergency project was not publically bid. We invited 4-contractors to bid. The bid opens on 2:00 PM on Thursday July 24th, in room B8. I'm sorry that I did not give you more lead time. Andy Andrew Ferrigno, P.E. Senior Civil Engineer City of Huntington Beach 714-536-5291 7/23/2008 LO C--m C-4 -! " I 1'� , 0 �_, 1 1 D MCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Patty Esparza To: City Clerk's Office 2000 Main Street Huntinqton Beach, CA 92648 Fax (714) 374-1573 Date: September 2, 2008 Project/C.C. No.: CC1335 Regarding: CC1335 Erner gency sewer• Pipeline Replacement HB Pier ❑ 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 # 1, Codes Pa es Description 1 1 Return Bids for CC1335 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: Please contact me at extension 5291 with any c: file ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints GACONSTRVCTiON CONTRACTS (CCSACC 1335 EMERGENCY SEWER RX HB PIER\PREAWARD\CC1297 TRANSMTTAL To CLERK 090208.DOC MIN for the Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier in the w � � 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: July 24, 2008 2:00 P.M., 2ND FLOOR City Clerk's Office TRAVIS K. HOPKINS, DIRECTOR DEPARTMENT OF PUBLIC WORDS CITE' OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier Prepared Under the Supervision of: Andrew Ferrigno, R.C.E. No. 65719 Date Approved by: Tony Olmos City Engineer, R.C.E. No. 56814 Date I,. NOTE: If there are any questions relative to this project, please call Andrew Ferrigno P.E. 714-536-5291 or at: CITE' OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORDS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS..................................................................................... A-1 SECTION B INSTRUCTIONS TO BIDDERS.............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature...................................................................................I....................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-3 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 14. Award of Contract......................................................................................................B-4 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-5 19. Bid Protest..................................................................................................................B-5 20. Questions to the Engineer..........................................................................................B-5 m SECTION C PROPOSAL............................................................................................................................. C-1,2 Project Bid Schedule......................................................................................... C-Is - C-{}s Listof Subcontractors......................................................................................................C-3 NoncollusionAffidavit....................................................................................................C-4 UtilityAgreement............................................................................................................C-5 Disqualification Questionnaire........................................................................................C-6 Compensation Insurance Certification.............................................................................C-7 Underground Service Alert - I.D. Number.......................................................................C-8 Bidder's Information...................................................................................................C-9,10 SECTION D SAMPLECONTRACT............................................................................................................ D-1 SECTION E SPECIAL PROVISIONS.....................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS ........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 3 — CHANGES IN WORK................................................................E-5 3-3 EXTRA WORK SECTION 4 - CONTROL OF MATERIALS ......................................................E-6 4-1 MATERIALS AND WORKMANSHIP iv SECTION 5 - UTILITIES.................................................................................... E-7 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK......................................E-8 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR .........................E-9 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL.............................E-14 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-15 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS..............................................................E-16 200-2 UNTREATED BASE MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS .......................................................E-16 201-1 PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS................................................E-16 203-BITUMINOUS MATERIALS PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-17 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING ....................................................E-18 302-5 ASPHALT CONCRETE PAVEMENT SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.............E-22 303-5 CONCRETE CURBS, WALKS GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAY SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION...............E-22 306-1 OPEN TRENCH OPERATIONS SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS .................E-24 SECTION 308 — LANDSCAPE & IRRIGATION INSTALLATION ..............E-25 SECTION 310 - PAINTING..............................................................................E-26 310-5 PAINTING VARIOUS SURFACES REFERENCE SPECIFICATIONS - Traffic Signals and Street Lighting APPENDIX A — CONTRACTORS BUSINESS LICENSE APPLICATION APPENDIX B — INSURANCE AND INDEMNITY REQUIREMENTS APPENDIX C — BOND FORMS vi SECTION A NOTICE INVITING SEALED BIDS for the Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier in the CITY OF HUNTINGTON BEACH This project will not be publically advertised. On July 2, 2008 the sanitary sewer on the Huntington Beach Pier developed a internal corrosion failure and spilled approximately 25- gallons of raw sewage on the beach under the pier. Further investigation revealed internal corrosion on the entire pipeline significant in magnitude to warrant the emergency replacement of this facility in order to safeguard the public health. Bids will be solicited for this project from a select group of Contractors, who have demonstrated superior quality in workmanship and work ethics in past City projects. 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 P.M. on July 24, 2008. 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, and will be provided free of charge to the prospective bidders 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. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of A-1 the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. FM INS'TRUC'TIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY may reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature pj,. If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and ,the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-3 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-4 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-5 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. See Appendix F for the City approved Payment and Performance Bond Forms. The Contractor may use any standard form for the Bid Bond. The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California. This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone: Orange County Superior Court Probate Court Operations 341 The City Drive P.O. Box 14171 Orange, CA 92613-1571 (714) 935-6061, Contact Linda C. Wallace Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. B-6 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY. 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.) will be received by the Engineer up to one working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-7 SECTION C PROPOSAL for the Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier 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 Ten (10) 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 Qr; AC pn 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 vBdder,'s Si nature ._--- C-2 Estimate Item with unit Item d price Extended No. Quantity written in words Unit Price Amount 1 1 Mobilization ►6 4llh. It �-CL� i'`i c?� I '�� �' Dollar. LS @ s _ Cents Per LS 2 1750 Remove 6-inch CIP Sanitary Sewer �e�-- Dollar LF @ s _ -JL,V+ -'�' l L y "U U Cents Per LF (� 3 1750 Install 6-inch PVC Sewer W/ Casing Spacers $ ti �� ' _ Dollar' LF @ s _ — — Cents Per LF 4 8 Install Sewer Cleanout Dollar 4 s Cents $ Oc F r .- 5 IEA Per EA 5 1 EA Install 4-inch Sewer Service with 3X4 Reducer L• S �j Dollar @ s IT, r Cents Per EA 6 3 Install 4-inch Sewer Service EA - ,, Dollar @ s r s VC �+ -.< $ i� T v V Cents Per EA 7 1 Install 4X6 Reducer and Tie to Exist ABS Sewer EA @ s ,t Cents Per EA C-3 8 8 Install 12-inch Expansion Joint fee�`������ � ��i�i� r ��d1 Dollar EA @ s }�r{� Cents Per EA 9 1 Install 6-inch Double Sweep Clean -Out Dollar EA @ s gL C) Cents Per EA 10 1 De -Mobilization il1L yx L-l� vx . Dollar c LS @ s y /� , Ci Cents Per LS Total Amount Bid in Figures: $ Lo') A "'j 5 U Total Amount Bid in Words: c iti. d ) Li o.t _r� t„—) J—j, ,rI `11 C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. 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-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange v,-A— \ SO'- , being first duly sworn, deposes and says that he or she is _ of�Gv�isow C ,�; the party making the foregoing bid tha, the bid is not made in the interest op, or on the4behalf 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 Bidd r gnatur of Bi er Address of Bidder Subscribed and sworn to before me this _ day of , 20 DV. NOTARY PUBLIC NOTARY SEAL C-6 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 Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier, (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: ,7y -- Q_W` EVQOrIIb1 Contractor "iiy Title C-7 Jurat State of California County of L .1a1b Subscribed and sworn to (or affirmed) before me on this day of , 20 U Y by _ X & �n proved to me on the basis of satisfactory evidence to be the person.Kwho appeared before me. Signature (Notary seal) LOREEN ATTRIDGE Commission # 1727492 Notary Public - Colltornic Orange County Comm.B NestMcx25 2011 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUM NT (Title or description of attached do nt) (Title or description of attached document continued) Number of Pages Document Date (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurals completed in California after January 1, 2008 must be in the form as set forth within this Jural. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation. If the document was previously signed, it must be re -signed in front of the notary public during the just process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document 2008 Version CAPA vI.9.07 800-873-9865 www.NotaryClasses.com., 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 A 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-8 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: 7 2�,3 — A Contractor to V1 _ Q Title 14M UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This ,form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: W� I Sri Bidder Name Business Address U Vk City, n 1\-() q -�L(-9 1 q ('0 Telephone Number 7 i b 3 �� State Contractor's License No. and Class Original Date Issued Expiration Date A T State Zip 0 The work site was inspected by—DC3r3 of our office on 3 to i �� 20( 8 The following are persons, firms, and corporations having a principal interest in this proposal: So S� ;& IfV g,� LFg; i� f 7 C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed .work and improvements in accordance with the plans and specifications set forth. C V,-k kS n Y\ E 1f\ G any Name of '5ayV Printed or Typed Signature Subscribed and sworn to before me this day of , 200Y. 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: Name and Address of Public Agency E I I 'I S A u� r Name and Telephone No. of Project Manager: o�a� Contract Amount ype of Work Date Completed 2. _ V\,� COCA,; a 0 Name and Address of Public Age c " --I i y) Name and Telephone No. of Project Manager: C1.,t CA �`v Yam' N -()3J j r Contract Amount E Type of W Date Com ted Name and Ad Jess of Public Agency � 105 00 Sl - l 5 F v V-- F U Name and Telephone No. of Project Manager: C.�g�]rj Con 1Vlym Date Completed C-12 SECTION D SAMPLE CONTRACT E-1 Jurat State of California County of Subscribed and sworn toKaffirmed)PLAV (or before me on this 20 l- t� by J 0 m l J Q rl E day of , proved to me on the basis of satisfactory evidence to be the person who appeared before me, lgn ure (Notary sea() LOREEN ATTRIDGE w Commission # 1727492' ' Notary Public - California Orange County Carrurt. Es res Mar 25, 20l 1 LOREEN ATTRIDGE Commission # 1727492 3 Notary Public - Calitornlo I 3 Orange County Mv Comm. E= Mar 25, 2011 OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description r attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) INSTRUCTIONS FOR COMPLETING THIS FORM The wording of all Jurals completed in California after January 1, 2008 must be in the form as set forth within this Jurat. There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one which does contain proper wording. In addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed A.hTER the oath or affirmation. If the document was previously signed it must be re -signed in front of the notary public during the jurat process. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • 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 jurat form. Additional information is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date, • Securely attach this document to the signed document 2008 Version CAPA vI.9.07 800-873-9865 www.NotaryClasses.com .. SECTION E SPECIAL, PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREEN130010 Standard Specifications for Public Works Construction, latest edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 10801 National Blvd., Ste. 100 Los Angeles, California 90064 (310) 202-7775 or 1612 S. Clementine St. Anaheim, CA 92802 (714) 517- 0970 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. Schedule of Events: 1) Pre -bid meeting shall be held on Thursday July 17, 2008 at 10:00 AM 2) Sealed Bids will be due at the Clerks office on Thursday July 24 at 2:00 PM 3) Pre -construction meeting is tentatively scheduled for Tuesday July 29 at 1:00 PM Work Description: There in an existing utility corridor under the deck of the Huntington Beach Municipal Pier. The corroder is accessed from the upper deck of the pier. This corrodor houses a 6-inch sanitary sewer, an 8-inch potable water pipeline and a 2-inch gas main. Work flours: Work hours shall be from 11:00 P.M. to 8:00 AM on Sunday through Thursday excluding holidays. The Pier maybe closed to the public by the Contractor between the hours of Midnight E-1 to 6:00 AM. The sewer main may be disconnected between the hours of Midnight and 6:00 AM. The sewer main shall be fully operational and in service during the hours between 6:00 AM and Midnight. Equipment provided by the City The City will provide the Contractor with a standby Vacuum Sewer Cleaning Truck, and a 2- person crew to contain and prevent any sewage discharge during the pipe laying operation. Lights, and Portable Power: The Contractor shall provide all portable lights and portable power required to perform work for this project. Discharge of fluids or waste to the beach or the Pacific Ocean: The Contractor shall be responsible to contain all solid and liquid waste and prevent any discharge to the Pacific Ocean or to the beach sands surrounding the Huntington Beach Municipal Pier. Solid waste includes but is not limited to, dust or debris from cutting, milling, sanding or finishing metal, wood, plastic, cement, or painted surfaces. De -chlorinated, potable water may be discharged to the ocean or beach provided it is not contaminated with any solid or liquid debris, and it meets all State and Federal Standards for discharge (refer to Section 7.5 herein ). Sewage Containment: Sewage discharge to the ocean will not be permitted. The Contractor shall open the 6-inch diameter sewer main for normal operational service promptly at 6:00 AM, at the end of each evening. The Contractor is responsible to inspect the entire length of sewer main for leaks after each evening of work. The Contractor shall be responsible for repairing any leaks that occur at any location along the 6-inch sanitary sewer main on a continuous 24-hour basis through out the duration of the construction including weekends and holidays. Portable Sanitation Facilities: Sanitation facilities are available under the Huntington Beach Pier and will be available for use by the Contractor's work force. E-2 PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 5 working days after the date the AGENCY'S award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under, the contract. E-3 At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. Only written authorization from the AGENCY shall be binding over any deviation or change in the Plans and Specifications. Please refer to SECTION 3 - CHANGES IN WORK for further explanation. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-5.1.1 Agency Supplied Plans and Specifications The City shall supply no more than 5 sets of plans and specifications for the Contractor's use. Additional copies are the responsibility of the Contractor. The Contractor may elect to reproduce existing sets, or purchase additional sets directly through the City's reprographics company. E-4 2-5.3 Submittals [Add the following:]. The contractor shall submit the names and addresses of all suppliers of mineral construction materials, and the mine from which the materials were obtained, along with a copy of the Office of Mine Reclamation AB3098 List showing that the mining operation is listed, prior to delivering any mineral construction materials to the project site. This documentation regarding the AB3098 List shall be made a part of every submittal required on the project that includes mineral construction materials. Failure to identify the supplier and the mine may result in rejection of the submittal. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Revise the first three sentences of the first paragraph to read:]. The Contractor shall notify the Engineer, or the owner on a Private Contract, at least 7 days before starting work to allow for the preservation of survey monuments, property line and corner survey markers and bench marks. The Contractor at their cost, shall file a Corner Record referencing survey monuments subject to disturbance in the office of the County Surveyor prior to the start of construction and also prior to the completion of construction for the replacement of survey monuments. The Contractor shall not disturb survey monuments, property line and corner survey markers, or bench marks without the consent of the Engineer or the owner on Private Contracts. [Add the following:]. When the contract does not include a pay item for the adjustment of monuments to finished grade and unless otherwise provided for in the specifications, full compensation for said adjusting shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. The contractor shall be responsible for the replacement of any survey benchmark, monument or property line and corner survey marker that is destroyed as a result of their operations. A survey benchmark is defined as any permanent point used by the National Geodetic Survey (NGS), National Oceanic and Atmospheric Administration (NOAA), California Department of . Transportation (Caltrans), Orange County Surveyors (OCS), City of Huntington Beach Public Works Department, or by any other public agency to establish or perpetuate a vertical datum; said point is typically a 3 3/4" aluminum disk with said agency's stamping. Datum information for public viewing is on file at said agency. A survey monument is defined as any permanent point as shown on file at the NGS, NOAA, Caltrans, OCS, City of Huntington Beach Public Works Department or any other public agency; said point being used to establish or perpetuate horizontal control. These points include but are not limited to centerline street monuments or accessories to said centerline street monuments (i.e. E-5 tie points), property corners or accessories to said corners, or monuments established in connection with the Orange County Geodetic Control Network or accessories to said monuments. These points shall be tied out and replaced by a licensed Land Surveyor or a licensed Civil Engineer authorized to practice land surveying pursuant to sections 8700 to 8806 of the Business and Professions code of the State of California (Land Surveyors Act). The Corner Records produced from said tie -out and replacement survey shall be furnished to the City of Huntington Beach Public Works Department as well as filed with the office of the County Surveyor indicating responsible charge (stamped), within 60 days of the final survey. 2-9.2 Survey Service [Replace the first paragraph with the following] Except for private contracts, the Contractor will be responsible for the accuracy of surveying adequate for construction, however the task of surveying itself shall be performed under the direction of a licensed Land Surveyor or Professional Engineer, whom is authorized to practice land surveying, retained or provided for by the Contractor. [Replace the second and third paragraph with the following three paragraphs:]. All construction surveying will be performed by or under the direction of a licensed Land Surveyor or Professional Engineer, whom is authorized to practice land surveying, retained or provided for by the Contractor. Monument preservation surveying necessary to complete the work shown on the plans and provided for in these contract documents and specifications shall also be accomplished by or under the direction of a licensed Land Surveyor or Professional Engineer, whom is authorized to practice land surveying, retained or provided for by the Contractor. All costs to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing monuments or accessories to monuments or costs associated with the preparation or filing of Corner Records pursuant to sections 8700 to 8806 of the Business and Professions Code shall be included in the bid item for survey monument preservation. Payment for survey monument preservation shall be per the contract lump sum bid price and no additional compensation will be allowed therefor. When the contract does not include a pay item for monument preservation and unless otherwise provided in the specifications, full compensation for all monument preservation required to complete the work shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor shall give at least 24 hours advance notice when he or his subcontractor will start or resume the work. E-6 The above notice is to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs./day or more than 40 hrs./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: Special Inspection Fees shall be waived for this project When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hrs./day or more than 40 hrs./week, the Special Inspection fee requirements will be waived. SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. [Delete Subsection in total and replace with the following:]. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ......................................... 20 2) Materials...................................... 1 5 3) Equipment Rental ...........................15 4) Other Items and Expenditures .............15 To the sum of the costs and markups provided for in the subsection, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. E-7 SECTION 4 CONTROL, OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained E-8 as set forth in the Instructions to Bidders. SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-4 RELOCATION [Replace the second sentence of the last paragraph with the following:]. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF TIME WORD 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that E-9 each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at Ten (10) working days, including pipe delivery, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 12:00 P.M. to 8:00 A.M., Sunday through Thursday, excluding holidays. Deviation from these hours will not be perinitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. $500.00 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. E-10 The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 LIABILITY INSURANCE [Delete the entire subsection:]. 7-3.1 Insurance [Add the following:]. Contractor shall, prior to execution of an Agreement with the AGENCY, comply with the provisions of AGENCY's Resolution Number 2001-65 and any amendments thereto, contained in Appendix C of these Special Provisions and incorporated herein as if fully set forth. Except as provided in 6-10, Contractor hereby agrees to protect, defend indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the AGENCY. Contractor will conduct all defense at its sole cost and expense and AGENCY shall approve selection of Contractor's counsel. City shall be reimbursed for all costs and attorney's fees incurred by the AGENCY in enforcing this obligation. 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. The AGENCY will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance, except as provided in 6-10. The cost of this insurance shall be included in the Contractor's Bid. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. E-11 The contractor is responsible to manage the construction site in accordance with the city's National Pollutant Discharge Elimination System (NPDES) Permit and Municipal Code Chapter 14.25 - Stormwater and Urban Runoff Management ordinance. The purpose of the permit and ordinance is the improvement of water quality through the control of pollutants. Without exception, discharges of stormwater from a construction site into the storm drain system (gutter) or a receiving waterbody are prohibited if the discharge contains pollutants that have not been reduced to the maximum extent practicable through the implementation of BMPs. It is the contractors responsibility to require the implementation of a combination of BMPs to control erosion and sediment transport, and pollutants from materials and waste management storage and activities. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The first paragraph is amended to read:]. City of Huntington Beach Municipal Code Section 8.21.020 specifies that the collection of refuse and recyclable waste material shall be performed exclusively by the City Refuse Collector. The City of Huntington Beach has granted exclusive franchise for solid waste removal to Rainbow Disposal Co., Inc. Rainbow Disposal (714-847-3581) is the only refuse hauling company authorized to provide trash bins, drop-off boxes, and roll -off containers for construction and demolition disposal in Huntington Beach. The construction companies that generate construction and demolition waste and have their own manpower and equipment to safely convey it to a permitted and approved landfill or recycling site and all hazardous waste are excluded from this provision. Any such companies providing their own manpower and equipment for construction and demolition waste removal must clearly mark the equipment used in Huntington Beach with their company name and telephone number. 7-8.4 Sanitation [Add the following:]. Secondary containment shall be provided with portable toilets. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be E-12 considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. If the traffic cones or portable delineators are damaged, displaced or are .not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which E-13 would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. Compensation for items of work not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the Plans and Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid_ items, and no additional compensation shall become due the Contractor by nature of compliance with the Plans and Specifications except as E-14 provided in Sections 3, "Changes in Work" of the Greenbook, as modified in these Special Provisions. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-15 PART 2 CONSTRUCTION MATERIALS SECTION 207 PIPE Sewer Pipe Removal The existing sewer pipe shall be removed and recycled by the Contractor. The Cast Iron pipe segments shall be removed from the Huntington Beach Pier on a daily basis. No stock piling of removed pipe will be allowed at the Construction site which includes the Pier and the beach surrounding the Pier. PVC Pipe The PVC sewer pipeline shall be fully restrained, except where expansion couplings are required on the plans. The sewer pipeline on the Huntington Beach Pier shall be replaced with 6-inch nominal, 6.625-inch OD, IPS, PVC, SDR 21, Yelomine, manufactured by CertainTeed. The City will also accept 6.625-inch OD, IPS, Schedule 40, per ASTM D1785, PC 180, with solvent cement joints. PVC Joints If the Yelomine Pipe is used, it shall have an integral bell or be coupled with Certa-Lok couplings by CertainTeed. Services and Clean -Outs for the Yelomine pipeline shall be constructed with Schedule 40 Fittings, with Solvent Cement Joints. Schedule 40 Fittings with Solvent Cement Joints shall be manufactured in compliance with ASTM D2672. Intergal Bells, Couplings, or Solvent Cement Joints shall not be permitted within the Bent penetrations. Solvent Cement Pipe with Solvent Cement Joints shall be joined with PVC Cement conforming to ASTM D 2564. Clean -Outs Clean -Outs shall be installed where indicated on the plans, and shall be constructed from a 6 X 6, Cement Solvent Joint, PVC Schedule 40 WYE fitting, with a 6-inch rubber sewer end cap, with a stainless steel clamp. The WYE fitting shall be oriented towards the upstream end of the pipeline. The Clean -Outs shall be installed between every eighth Bent, at approximately 196 feet between Clean -Outs. The Clean Outs shall be installed to allow for 12-inches of longitudinal movement in either direction, without interfering with the any part of the Pier structure. Services 3-inch and 4-inch services shall be provided to connect the existing services to the proposed Sewer Main. Services shall be constructed from PVC Schedule 40 Fittings, with solvent cement Joints, and shall be constructed in substantially the same configuration as the existing service hardware. The 3-inch Service shall be constructed from a 4-inch fitting and then reduced with a 3X4 reducer. The final connection can be made with a transition coupling designed for use on a sanitary sewer specifically for the two diameters of pipes to be coupled. E-16 Casing Spacers Casing Spacers shall be used to support the pipeline, with the outside bottom of the pipe approximately 2-inches above the bottom of the utility corridor, and even with the invert of the fl- inch PVC Bent penetrations. Casing Spacers shall be installed at a maximum spacing of 8-feet 9-inches. The bottom of the utility corridor shall be cleaned of dirt, sand and debris. The casing spacers shall be installed within 1-foot of any joint on both sides of the joint. Casing spacers will not be required on one side of the joint if the joint is less than 2-feet and more than one foot from the Bent penetration. Casing spacers shall be: Ranger II, for 6.625-inch OD pipeline, 4-skids total, the bottom 2-skids shall be MIDI (125), and the top 2-skids shall be MIDI (38), manufactured by PSI, of Huston Texas. U-shaped Pipe Clamps and 4-inch Wide Flange Sections The PVC sewer pipeline shall be secured to the existing wide flange section with U-shaped Pipe Clamps. The existing No -Hub CIP is secured with U-Shaped Pipe Clamps, and the existing U- Pipe clamps can be re -used, provided these clamps are not significantly corroded or damaged, as determined by the City's Project Inspector. Expansion .Joints Expansion joints shall have a minimum of 12-inches travel and shall be designed for a minimum pressure of 130 PSI at 75-Degrees F. Expansion joints shall be Certa-Lok Yelomine X IPS Expansion Coupling by CertainTeed or approved equal. Expansion Joints shall be installed with a casing spacer on the moving end of the pipe segment, and a U-Clamp on the fixed end. The West end of each pipe segment shall be fixed and the East end shall be allowed to move into or out of the fixed Expansion joint. The length of the Expansion Joint at the time of installation shall be determined based on the ambient temperature at the time of installation, and in accordance with the following table: Ambient Temperature Degrees F Coupling Percentage Extended 12-inch Expansion joint 18-inch Expansion joint 30 100 12-inches Extended 18-inches Extended 40 86 10.5-inches extended 15.5-inches extended 50 72 8.5-inches Extended 13-inches Extended 60 58 7-inches Extended 10.5-inches Extended 70 44 5.25-inches Extended 8-inches Extended 80 30 3.5-inches Extended 5.5-inches Extended 90 16 2-inches Extended 3-inches Extended 100 2 0-inches Extended 0-inches Extended Line and Grade or the Proposed Sewer Main The proposed Sewer Pipeline shall be laid at a consistent invert above the bottom of the Utility Corridor with the following tolerances measured at the center of each 20-foot Utility Corridor: minus 0.0-inches, plus 0.5-inches. E-17 Submittals The following submittals will be required: 1. PVC Pipe, Yelomine, or Schedule 40 or both 2. Schedule 40 sewer fittings for Clean -Outs, and Services 3. Expansion Joints 4. Casing Spacers 5. Sewer Transition Couplings for Existing Services 6. Sewer End Caps for use on the Clean —Outs 7. Solvent Cement for PVC E-18 APPENDIX A CONTRACTORS BUSINESS LICENSE APPLICATION CITY OF HUNTINGTON BEACH Shari L. Freidenrich, City Treasurer - Business License P. O. Box 711 - 2000 Main Street, Huntington Beach, CA 92648 p Phone (714) 536-5267 — Fax (714) 374-1603 — www.surfcity-hb.org APPLICATION FOR BUSINESS LICENSE Name of Business (DBA) Name of Corporation (attach list of officers) Owner(s) or Principal(s) Title Title Contact Person Title Business Address Mailing Address E-mail Address Web Site Business Phone Fax Type of Ownership: ❑ Sole Proprietor Social Security # Type of Ownership: ❑ Partnership ❑ Corporation Federal Tax ID # State Tax ID # Date Business Started in Huntington Beach # Employees (include self) (per latest tax filing): Full-time Part-time (FTE) SIC # Detailed Description of Business Activity Located in a BID? El Yes ❑ No BID Zone ❑ 1 El Area (sq ft) BID BusinessType El Discharge into Stormdrain Yes El No NPDES Permit # Description of Products Sold Do you collect sales tax? ❑ Yes ❑ No Seiler's Permit (Resale #) Business Vehicles Used in the City? El Yes ❑ No How Many? Under 1 ton 1-3 tons Over 3 tons License Plate # License Plate # ❑ General Contractor ❑ Sub Contractor Contractor's Lic # Classes Type of Job Project Address (# street) Burglar Alarm System? ❑ Yes ❑ No If es, permit is required. Call 714 960-8805 Alarm Permit # Health Permit # ABC License # CUPA# State License (# / Type / Exp. Date) Live Entertainment? ❑ Yes ❑ No Sale of Adult Only Items? ❑ Yes ❑No Coin Operated Machines? ❑ Yes ❑ No #Vending # Amusement #Service # Music #Bulk Vending Company's Name/Address/Phone # Apt/Motel/Rooming House/Office Units #Trailer Spaces Date of Purchase Mobile Vendor? ❑ Yes ❑ No If yes, complete section on back of form I am aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers Compensation. (Please check appropriate box) ❑ Certificate of Workers Compensation Insurance ❑ Certificate of Self -Insurance of Workers Compensation ❑ 1 certify that in the performance of work for which this license is issued I shall not employ any person in any manner so as to become subject to the worker's compensation laws of California. Note: If after signing the certificate, you hire any employee, you become subject to the workers' compensation provisions of the California Labor Code and you must immediately comply with the provisions of Section 3700 or your license immediately becomes revoked. I hereby declare under penalty of perjury that the information and statements on this application are true and correct. Signature: Title: Printed Name: Date: Total Due: Page 1 of 2 Owner or Principal Residence Address city Date of Birth Signature Partner's Name or Secondary Principal # I Drivers Date Home Phone Title city State Zip Home Phone Date of Birth Social Security # Drivers License clty of runtington beach tcono is uevelopment uepartment _ 4- sb-n5uz Huntington Beach Chamber of Commerce - 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) - 714-550-7369 Fictitious Business Name Information - 714-834-2889 State Board of Equalization (sellers permit information) - 714-558-4059 If you have any questions, please call a Business License representative at 714-536-5267. City ni Huntington Beach Business License Business Name / Service Address JAMISON ENG CONTR INC License Type9, Contractor a Owner / Corporation DON & KATHT JAMISON THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON -TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. POST IN PUBLIC VIEW License Number A159522 Effective Date 04/01 /2008 Expiration Date 03/31 /2009 Amount Paid $160.20 SIC 8711 Page 2 of 2 �, � ,, - �i ;� e .�, "�� ;� CONTR,.i�CTOWS SNVORN STATEMENT AND WARRANT" RMARDING CONTINUING .INSURANCE OBLIGATIONS fROM * PROJECT. ( ontrareterName) (trust Address) (City, StWm and Zi[p} Attached heoeto is a tm and erect 00;y of the oxmht Ceninmte of s &A AMbonalfr&oed Endoi rent CC 2010 1185, which Certificate complies with tha insurance rMirements of ft 0)ritraCt by al-4 green the city of 11untingtor Beach ("QaW) abow-nwwd CortrWor C an"cW1 for the abQve-t srik i Prat ("Projeen. I t o Urs r oev� of r,-F tfiae Wes of the Statee of Qnia that the ate sWernent Is tnk and Correct. Signed on , W < zoo at (Da ate) (tfty, state) (Signatwe of IncMdual Is Making aradon) Conta,^tar hereby warrvrits and agrees to maintain Products and eel OperaWm Insurance in co: Aft the urarnm- rerirar xcents of t Cor rmtt for ft j Said insurance shall be maintained through arrd kwo the f.00raWn of ali Warranties prrovx+ W by C ontraMtr Said €rranrim shall czent&h Addfivnd lln&retl EnCarsevient CG 2010 1185, n9ming Ciry a5 adiftanal k4ured. motor shall supply to Oty, an at leant an annual tom, a Certificate of In.s.warce and the a rretnentfoned Endorsement iderv)g continved average %vhich meet. Ow Contraa requiranents. 2 r, to I Signed ter :fir# at (ate) (C€ty, swtt ) E. h#aMe, a Tale: --..r......�. This form t® be turned in with Payment Bond RESOLUTION NO. 2007-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING AND RESTATING THE CITY'S INSURANCE AND INDEMNITY REQUIREMENTS WHEREAS, there are persons and organizations who are engaged in various activities in the City, thereby subjecting the City to substantial risk of liability for damage to property and injury to persons; and, The City desires to establish insurance and indemnification requirements; and, in appropriate cases, a procedure for the waiver thereof; and, The City desires to establish internal staff responsibility for the administration of the insurance required by this Resolution and delineate the authority to make adjustments to requirements based upon unique and unusual circumstances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that effective January 2, 2007, the insurance coverage and indemnity requirements shall be as follows: SECTION 1. DEFINITIONS AND FORMS REQUIRED A. Definitions: 1. "Contractors" are any persons or entities who contract with the City and/or provide services to the City which are readily available and efficiently procured by competitive bidding. 2. "Design Professionals" are professional services contractors who contract with the City and/or provide architectural and/or engineering services to the City. 3. "Licensees/Lessees" are any persons or entities who contract with the City for the use of public property. 4. "Permittees" are any persons or entities who make application to the City for any use of or encroachment upon any public street, waterway, pier, or City property. 5. "Professional Services" are as defined by Huntington Beach Municipal Code section 3.03. 6. "Vendors" are any persons or entities who transfers property or goods to the City which may or may not involve delivery and/or installation. 06-39915127 Resolution No. 2007-3 B. Indemnity and Insurance Coverage Requirements Defined 1. General Liability: Combined single limit bodily injury and property damage: Minimum limits of $1,000,000 per occurrence. a. Coverage must include completed operations liability and blanket contractual liability and, where products are furnished, products liability. b. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 and the policy holder shall submit written notice of any known depletion of limits to City attached to the proof of insurance. C. Claims made policies are not acceptable, except that claims made insurance for pollution liability shall be acceptable. d. All deductibles, self -insured retentions, or alternative forms of providing coverage must be approved through the Waiver Procedure set forth in Section III to this Resolution. e. The City, its, officers, elected or appointed officials, employees, agents and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor; or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. f. For any claims related to the project, the contractor's insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the contractor's insurance and shall not contribute with it. g. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its agents, officers and employees. h. The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers Compensation and-Emolovers' Liability: In accordance with the applicable state statutes with limits in the case of workers' compensation and employers' liability in amounts not less than the State statutory limits. 06-399/5127 2 u 4. 06-39915127 Resolution No. 2007-3 Alternatively, a signed declaration of non -employee status shall be filed. A certificate or consent to self -insure issued by the California Director of Industrial Relations is also acceptable. Professional Liability Insurance: Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate. Claims made policies are acceptable if the policy further provides that: 1. The policy .retroactive date coincides with or precedes the professional services contractor's start of work (including subsequent policies purchased as renewals or replacements). 2. The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. 4. The reporting of circumstances or incidents that might give rise to future claims. Automobile Liability Coverage must be provided at a minimum of $1,000,000 per occurrence. a. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 and the policy holder shall submit written notice of any known depletion of limits to City attached to the proof of insurance. b. All deductibles, self -insured retentions, or alternative forms of providing coverage must be approved through the Waiver Procedure set forth in Section III to this Resolution. C. The City, its officers, elected or appointed officials, employees, agents and volunteers are to be covered as additional insureds by separate attached endorsement(s). The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. d. For any claims related to the project, the contractor's insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the contractor's insurance and shall not contribute with it. Resolution No. 2007-3 C. Certificate of Insurance Requirements Defined 1. Form. Evidence of insurance coverage and limits as required by the City shall be furnished to the City as a certificate holder on the "Acord' or similar form approved by the City Attorney. (See samples attached herein as Exhibit "A"). a. The description of work to be performed, the City department involved in the performance, and the City staff contact person must be clearly identified on the "Acord" or similar form evidencing insurance coverage. b. All forms of insurance shall identify the City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers as an additional insured by separate attached endorsement with respect to general liability and automobile liability coverages. C. Contractors shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 2. Approval of Certificate Insurance certificates must be approved by the City Attorney prior to commencement of any performance under a contract or issuance of any permit, as authorized by the City Charter. 3. Acceptability of Insurers Insurance must be placed with insurer with a Best's rating of no less than A: VII and insurer must be a California admitted carrier. SECTION II INSURANCE AND INDEMNIFICATION REQUIREMENTS A. INSURANCE 1. Contractors and Permittees must meet the requirements as set forth in Exhibit "B" incorporated by reference and attached herein. 2. Professional Services providers must meet the requirements as set forth in Exhibit "C" incorporated by reference and attached hereto. 3. Licensees/Lessees must meet the requirements as set forth in Exhibit "D" incorporated by reference and attached hereto. 4. Vendors a. Vendors supplying goods including delivery, service and/or installation must meet the requirements of Exhibit "B". b. Vendors supplying goods only without delivery, service and/or installation are required to provide products liability coverage only. 06-399/5127 4 Resolution No. 2007-3 5. The insurance requirements of persons or organizations not identified herein shall be as designated by the agreement. All certificates of insurance designated must conform to the requirements of this Resolution. 6. Exceptions. a. Public entities are exempt from the requirements of this resolution. Any insurance and indemnity requirements of a public entity shall be pursuant to Section ll(A)(5). b. Persons providing judicial or quasi-judicial services as independent contractors, such as judges, arbitrators, hearing officers, expert witnesses, and court reporters shall be exempt from all insurance coverage requirements. Any insurance and indemnity requirements shall be pursuant to Section 11(A)(5). C. Each person making application for a permit for private property construction, alteration, improvement, demolition, or repair of any building or structure shall sign a declaration under penalty of perjury verifying workers' compensation coverage or exemption from coverage, as required by Section 19825 of the Health and Safety Code and, at the time of permit issuance, contractors shall show their valid workers' compensation insurance certificate. d. Persons contracting with the City under subdivision agreements are exempt from providing evidence of workers' compensation. e. Oil operators as regulated by Huntington Beach Municipal Code Section 15.16 and pipeline franchises as regulated by Huntington Beach Municipal Code Section 3.44 are exempt from the requirements of this resolution. f. Taxica bsNeh icles-for-h ire as regulated by Huntington Beach Municipal Code Section 5.50 are exempt from the requirements of this resolution. g. Trucking companies, including those regulated under Huntington Beach Municipal Code Section 10.32, are exempt from the minimum insurance requirements of this resolution but must submit proof of workers' compensation insurance and general liability insurance in accordance with the requirements of the Public Utilities Commission (PUC) regulations which include: 1) the general liability insurance requirements are $600,000 combined single limit or $250,000 bodily injury or death of one person and $500,000 protection against total liability for bodily injury or death of more than one person from any one accident. 2) this is subject to the same $250,000 limitation for each person and $100,000 protection for accidental damage or destruction of property other than property being transported. 3) the City of Huntington Beach must be named as certificate holder but does not need to be named as additional insured. 0&39915127 5 Resolution No. 2007-3 7. Indemnitv Contractors and Permittees shall be required to indemnify City, pursuant to the indemnity provision attached hereto and incorporated herein by this reference as Exhibit "E". All design professionals shall be required to indemnify, City pursuant to the indemnity provision attached hereto and incorporated herein by this reference as Exhibit "F". C. All other persons or organizations, including but not limited to professional service providers other than Design Professionals as defined by this Resolution, shall be required to indemnify City, pursuant to the indemnity provision attached hereto and incorporated by reference as Exhibit "G". SECTION III. WAIVER OR MODIFICATION PROCEDURE A. Waivers or Modification Request Form. A department Request for Waiver or Modification, Exhibit "H" attached, shall be completed and forwarded to the Risk Manager for all requests for waiver or modifications of the minimum indemnification and insurance requirements. Claim history, financial statements and scope of work must be submitted as attachments with any request for waiver. B. Waiver or Modification Authori The Risk Manager and the City Attorney may approve any waiver or modification of the insurance and indemnification requirements, including requests for indemnification of third parties. A denial may be appealed to the City Administrator. C Waiver Criteria. i The criteria to evaluate any requests for waiver shall include the following: a. The type of waiver or modification requested; b. The reason for the waiver or modification; C. The nature of the scope of work; d. The cost of the contract; e. The liability exposure of the City; f. The cost and availability of the coverage requested; g. The claim history of the requesting party; h. The past experience of the City with the requesting party; and i. The past experience of the City with other contracting parties of a similar nature. 06-399/5127 Resolution No. 2007-3 SECTION IV. Resolution 2001-65 and all other resolutions in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held 16th day of January 2007 APPROVED AS TO FORM: City Attorney Wi� INITI AND APPR VED: Deputy City Administrator -City Services REVIEWED AND APPROVED: City Administrator Attachments Exhibit A Exhibit B Exhiibt C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H 06-399/5127 7 Resolution No. 2007-3 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDTTYM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC# rnvcoer-oc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH - POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICYNUMBER POUCYEFFECTNE POLICYEXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCEDAMAG f PRE.4ETORFNT111i S Ea $ COMMERCIAL GENERAL LIABILITY MEOEXP(Any—p.re ) S CLAIMS MADE OCCUR PERSONAL& ADV INJURY S - GENE —AGGREGATE S GEN'L AGGREGATE UMITAPPLIES PER; PRODUCTS -COMPIOPAGG S PoLICY PRCT O- LOC - AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea a zkfwo $ BODILYINJURY (PIV Pawl) S ALLOWNEDAUTOS SCHEDULEDAUTOS BODILYINJURY (P—ddem) S HIREOAUTOS NON-OWNEDAUTOS /T/ PROPERTY DAMAGE (Par amdem) b GARAGE LIABILITY \ AUTO ONLY. EA ACCIDENT f OTHER THAN EAACC AUTO ONLY; qGG $ ANY AUTO f S EXCESSIUMBRELIA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE ` ! AGGREGATE $ S ✓✓✓1 $ DEDUCTIBLE S RETENTION S WORKERSCOMPENSATIONAND WC TjMN- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOPJPARTNER/EXEGUnVE - E.L.EACH ACCIDENT b . E.L. DISEASE -EA EMPLOYEE S OFFICERIMEMBERE:XCLUDED4 Vdnaibe,r w CLAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAX. j0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL WPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER, ITS AGENTS OR REPRESENTAT VIES. - AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) EXHIBIT A -I of 4 ©ACORD CORPORATION 1988 U0 Resolution No. 2007-3 POLICY NUMBER: COMMERCIAL GENERAL. tfXM Y -r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form E) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE ' Name of Person orOrganizatlon; THE CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 (if no entry appears above, information required to compteta this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) 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 RE; ALL OPERATIONS OF THE NAMED INSURED FOR THE CERTIFICATE HOLDER. City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers Cr, 20 10 1155 Copyright. Insurance Services Office, Inc., 1984 EXHIBIT A-3 of 4 Resolution Ido. 2007-3 ATE COMPENSATION INSURANCE FUND P.O. BOX 420607, SAN FRANCISCO, CA 94142-0807 CITY OF HUNf�N6jbt�. RISK MANASEMEN 2000 MAIN STREET': HUNTINGTON BEA926+ L This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy_period Indicated. This policy Is not subject to cancellation by the Fund except upon gays' advance written notice to the employer. 30 We will also give you TRW -days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance Is not an insurance policy and does not amend, extend or attar the coverage afforded by the policies listed herein. Notwithstanding any requirement,., term, or condition of any contract or other document with respect to which fhs.;certificate o:iiParutce may be C§sifed or may perta ii; ttie Insr{raiej oicleby the policies r > described herein rs subject to all the temvs exclusions and oortditroiis of sucti pact" { ! � t AUTHORIZED, REPRESE{TATI�' ur EMPLOYER'S LIABILITY?LIMIT INCLUDiN$:DEFENSE COSTS: $11000t#O�tER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07/01/00 13 ATTACHED TO AND FORMS A PART OF THIS POLICY. TFIISOOGUMENTt1ASA?BLtfEPAiTERNEDBAGKGROUNQ. stir tazsz�Aty Resolution No. 2007-3 EXHIBIT B INSURANCE REQUIREMENTS FOR CONTRACTORS, AND PERMITTEES PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance City Council Resolution 2oo7-.i requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less than A:VII: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. "Claims made" designation is only acceptable for professional or pollution liability insurance. The City of Huntington Beach its officers elected or appointed officials, employees agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact.) 2. Workers' Compensation and Employer's Liability: State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration of Non -employee Status form available from the City. In lieu of a certificate of insurance, a certificate of consent to self -insure issued by the California Director of Industrial Relations is also acceptable. 3. Automobile liability of $1,000,000 per occurrence for bodily injury, personal injury and property damages. The Citv of Huntington Beach, its officers. elected or appointed_ officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). Deductibles. Self -Insured Retentions, or Similar Forms of Coveraoe Limitations or Modifications Any deductibles, self -insured retentions or similar forms of coverage limitations or modifications, must be declared to and approved by the City of Huntington Beach. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT. FOR ASSISTANCE, PLEASE CONTACT RISK MANAGEMENT. 06-399/5103 EXHIBIT B Resolution No. 2007-3 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICE CONTRACTORS PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance City Council Resolution No. 2007-3 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating.of no less than A:VII : . Errors and Omissions liability: $1,000,000, per occurrence. Deductibles Self -Insured Retentions or Similar Forms of Coverage Limitations or Modifications Any deductibles, self -insured retentions or similar forms of coverage limitations or modifications, must be declared to and approved by the City of Huntington Beach. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. 06-399/5104 EXHIBIT C e- 4 Resolution No. 2007-3 EXHIBIT D INSURANCE REQUIREMENTS FOR LESSEES/LICENSEES PLEASE GIVE THESE INSURANCE REQUIREMENTS TO YOUR INSURANCE AGENT Minimum Limits of Insurance City requires submittal of certificates of insurance pursuant to the form set forth in Resolution No. 2007-3 evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's Rating of no less than A:VII: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. "Claims made" designation is only acceptable for professional or pollution liability insurance. For general liability certificate holder, the City of Huntington Beach, its elected or appointed officials agents officers, employees, and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. (This wording must be exact). Workers Compensation and Employer's Liability: State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily injury each employee for accident or disease per occurrence. If you have no employees, you must sign a Declaration of Non -employee Status form available from the City. In lieu of a certificate of insurance, a certificate of consent to self -insure issued by the California Director of Industrial Relations is also acceptable.. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles, Self -insured Retentions or Similar Forms of Coverage Limitations or Modifications Any deductibles, self -insured retentions or similar forms of coverage _limitations or modifications, must be declared to and approved by the City of Huntington Beach. Description of Work to be Performed The staff contact and purpose of the evidence of coverage must be identified. PLEASE FORWARD THIS NOTICE TO YOUR INSURANCE AGENT, FOR ASSISTANCE, PLEASE CONTACT RISK MANAGEMENT 06.399/5105 E�� IIBIT D 3 Resolution No. 2007-3 EXHIBIT E TO RESOLUTION NO. 2001-3 CONTRACTOR'S INDEMNIFICATION DEFENSE HOLD HARMLESS Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of contractor's counsel. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this obligation. 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. 06-399/5106 EXHIBIT E Resolution No. 2007-3 EXHIBIT F TO RESOLUTION NO. 2007-3 INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT 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, demands, and defense costs (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, If any) negligence, recklessness or willful misconduct related to performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense, and the CITY shall approve selection of CONSULTANT'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 the CONSULTANT. 06-399/5107 EXHIBIT F Resolution No. 2007-3 EXHIBIT G TO RESOLUTION NO. 2007-3 INDEMNIFICATION DEFENSE AND HOLD HARMLESS CONSULTANT 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 and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and the CITY shall approve selection of CONSULTANT'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 limitation upon the amount of indemnification to be provided by the CONSULTANT. 06-399/5108 EXHIBIT G Resolution No. 2007-3 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: 2. Date: 3. Name of contractorlpermittee: 4. Description of work to be performed: 5. Value and length of contract: 6. Waiver/modification request: 7. Reason for request and why it should be granted: 8. Identify the risks to the City in approving this waiver/modification: Department Head Signature Date: APPROVALS-. Approvals .riust be obtained inAhe order listedon this form Two approvals are: required fora request to be granted., Approval from .ihe City Administrators Office is only required if Risk, Management and the City Attorneys Office disagree. 1 Risk Management El Approved 0 Denied Signature Date 2. City Attorney's Office 11 Approved El Denied Signature Date 3. City Administrator's Office 1:1 Approved El Denied Signature Date If approved,'the completed waiver/mOdification request isjobe'submitted to the City Attorney's Office along with the contract foe approval. Once the contract has been approved, sto be filed this form is twith the Risk Management Division o.f.Administrative Services EXHIBIT H 5111 121512006 5:30:00 PM Res. No. 2007-3 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 16th day of January, 2007 by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None qok-'t) e:��JJ�W4 Ci Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California APPENDIX C Bond No. 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 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and (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 Dollars ($ ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such 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: ATTEST (Corporate Seal) (Principal Name) ATTEST (Corporate Seal) By: Name: Title: (Surety Name) By: Name: (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) (_) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY O UNTINGTON BEACH c EYy,n,lifer�Mc a ttorneyA5�15�j�6 Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 Bond No. P"MENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and (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 dollars, ($ ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3131 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: ATTEST (Corporate Seal) (Principal Name) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) By: Nai Its: (Surety Name) By: Name: (Signature of Attorney -in -Fact for Surety) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By Iris ennifer Mcl3rath '--City Attorney S/( S164, Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 277599.1 PAYMENT BOND Page 2 of 2 JAMISON ENG. CONTRACTORS 17197 Newhope St. Unit J Fountasn Valley, CA 92708 CC!) EAL -t `^'—'^°de-^�-2, C�>6 V" o- CA� -"A� t--) c+ D �� n co Page 1 of 1 Esparza, Patty From: Flynn, Joan Sent: Wednesday, June 10, 2009 5:16 PM To: Esparza, Patty Subject: RE: Explanation for the absence of a construction contract for CC1335 the- Emergency- Sewer Pipeline Replacement..... Let's talk — I need to get clarification again from you. From: Esparza, Patty Sent: Wednesday, June 10, 2009 5:15 PM To: Flynn, Joan Subject: FW: Explanation for the absence of a construction contract for CC1335 the Emergency Sewer Pipeline Replacement..... 0 Did you ever decide anything on this? From: Ferrigno, Andrew v ' Sent: Wednesday, May 27, 2009 2:09 PM To: Esparza, Patty Subject: Explanation for the absence of a construction contract for CC1335 the Emergency Sewer Pipeline Replacement..... F-� Patty, Here is the memo. I do not have a copy of the Rider to Emergency Requisition, which was signed by Travis H, ,Dan V, and the City Administrator. It should be in your file? � I Andy Andrew Ferrigno, P.E. Senior Civil Engineer City of Huntington Beach 714-536-5291 6/10/2009 UNSUCCESSFUL BIDS FOR CC-I335, EMERGENCY SEWER PIPELINE REPLACEMENT PROJECT ON THE HUNTINGTON BEACH PIED JULY 249 2008 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 28, 2009 Atlas -Allied, Inc. 1210 N. Las Brisas Street Anaheim, CA 92806-1823 RE: CC-1335 — Emergency Sewer Pipeline Replacement Project on the HB Pier Enclosed please find your original bid bond for CC-1335. Sincerely, JF:pe enclosure Sister Citi�f�et�,�/,s�;��_®ooNew Zealand ( Telephone: 714-536-5227) 2003 JUL 24 Pli 12: 11 CITY OF HUNTINGTON BEACH City Clerk, Second Floor 2000 Main Street Huntington Beach, CA 92648 SECTION C PROPOSAL for the Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier 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 Ten (10) 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 Bidders Bondin the amount of $ Ten * 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 Signature None - WZ,..JUZRrY� l Eva Siciliani, Vice President / Treasur * percent of the total amount of the bid C-2 Estimate Item with unit Item d price Extended No. Quantity written in words Unit Price Amount 1 1 Mobilization Eight thousand, four hundred sixty Dollar 8,460.00 8,460.0 LS @ s no Cents Per LS 2 1750 Remove 6-inch CIP Sanitary Sewer Fifteen Dollar 15.00 26,250.00 LF @ s no Cents Per LF 3 1750 Install 6-inch PVC Sewer W/ Casing Spacers Fifty five Dollar 55.00 96,250.00 LF @ s nO Cents Per LF 4 8 Install Sewer Cleanout Three thousand Dollar 3,000.00 24,000.00 EA @ s no Cents Per EA 5 1 Install 4-inch Sewer Service with 3X4 Reducer Two thousand five hundred Dollar 2,500.00 2,500.00 EA @ s IIO Cents Per EA 6 3 Install 4-inch Sewer Service Three thousand Dollar 3,000.00 9,000.00 EA @ s — — 1- 0 Cents Per EA 7 1 Install 4X6 Reducer and Tie to Exist ABS Sewer One thousand five hundred Dollar 1,500.00 1,500.00 EA @ s no Cents Per EA C-3 8 8 Install 12-inch Expansion Joint One thousand, 'Live hundred Dollar 1,500.00 12,000.00 EA @ s no Cents Per EA 9 1 Install 6-inch Double Sweep Clean -Out Four thousand Dollar 4,000.00 4,000.00 EA @ s no Cents Per EA 10 1 De -Mobilization Ten thousand Dollar 10,000.00 10,000.00 LS @ s no Cents Per LS Total Amount Bid in Figures: $ 193, 960.00 Total Amount Bid in Words: _ ........... ........... .__......_.._...__..............._...._...._......_......_...__.__._..._.....__.......__.... _..............._....-............................... .._....._....._............._......................................._._............_._........................_..._......._._..__._ ....._....._......_..._ ....... _._....._..._.__....._........._....._......._......_...................._........................._. One hundred ninety three thousand, nine hundred sixty dollars. C-4 MST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number None 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 famished copies of all subcontracts entered into and bonds famished by subcontractor for this project. C-5 State of California ss. County of Orange Eva Siciliani , being first duly sworn, deposes and says that he or she is Vice President / Treasurer Of ATLAS -ALLIED, INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,. partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ATLAS -ALLIED, INC. Name of Bidder Signature of Bidder Eva Siciliani Vice President / Treasurer 1210 N. Las Brisas Street Anaheim, CA 92806-1823 Address of Bidder Subscribed and sworn to before me this 23rd day of July 720 08 ** SEE ATTACHED ACKNOWLEDGMENT ** NOTARY PUBLIC NOTARY SEAL C-6 State of California County of Orange On July 23, 2008 before me, Nile Sensabauqh, Notary Public personally appeared Eva Siciliani - Vice President/Treasurer 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 she executed the same in her authorized capacity, and that by her 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. C f iAMM C" q r 4 Signature (Seal) Nile Sensabaugh, Notary Public 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 Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier, (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: July 23, 2008 ATLAS —ALLIED, INC. Contractor ti 2?�suvL By Eva Siciliani Title Vice President / Treasurer C-7 DISQUUALIFICATION 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? ■ �M • If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 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: July 23, 2008 ATLAS —ALLIED, INC. Contractor By Eva Siciliani Title Vice President / Treasurer C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required ,for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 BIDDER certifies that the following information is true and correct: ATLAS -ALLIED, INC. Bidder Name 1210 N. Las Brisas Street Business Address Anaheim, CA 92806-1823 City, State Zip ( 714) 630-3633 Telephone Number #437235 A,B,C34,C36,C42. State Contractor's License No. and Class 4/7/83 Original Date Issued 4/30/09 Expiration Date The work site was inspected by Nile Sensabaugh of our office on July 22, 2008 , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: ATLAS -ALLIED, INC. George L. Siciliani Eva Siciliani President Vice President / Treasurer C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ATLAS —ALLIED, INC. Company Name o we Signature of Bidder Eva Siciliani, Vice President / Treasurer Printed or Typed Signature Subscribed and sworn to before me this 23 day of July , 200 8. NOTARY PUBLIC ** SEE ATTACHED ACKNOWLEDGMENT ** 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, ** SEE ATTACHED, REFERENCE SHEET ** 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 Date Completed Date Completed Date Completed C-12 O ! i State of California County of Orange On July 23, 2008 before me, Nile Sensabaugh, Notary Public personally appeared Eva Siciliani - Vice President/Treasurer , 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 she executed the same in her authorized capacity, and that by her 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 Nile Sensabaugh, Notary Public NILE SENSABAUGH Connission * 1000039 Z Notary Public- California Z OOMW County y Comm."Iva I.201 . (Seal) a Pipeline General Piping snvCE 19 F� #veering City of Anaheim 200 S Anaheim Blvd Anaheim, CA 92805-3820 Bob Palaeologus (714) 765-5176 X5711 Pressure Regulating Station #36 Completed 3/1/07 $372,115.20 North Orange County Community College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Tanya Sundries (714) 578-8421 Fullerton College Library Fire Water Improvements $18,226.00 State of CA - Health and Human Services Fairview Developmental Center 2501 Harbor Boulevard Costa Mesa, CA 92626 Kelly Vu (714) 957-5217 8 Emergency Waterline Repairs $85,578.00 �I? C W Driver, Inc. 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Chris Graber (949) 261-5100 Site Utilities @ Concordia University, Irvine Completed 6/27/07 $885,729.00 City of Paramount 16400 Colorado Avenue Paramount, CA 90723 Steve Myrter, P.E. (562) 220-2157 Wellhead Treatment @ Well #13 Paramount, CA Completed 4/10/07 $1,368,524.00 City of Alhambra 111 S. First Street Alhambra, CA 91801-3704 Phil Nichols (626) 570-5067 Install aprox. 4,000 Water Meters 2003 - 2007 $194,325.00 i AYL AS-ALUED, /RID. P'ipeiine N Genera' Piping Engineering SINCE 1969 REFERENCE SHEET 2006 Walsh -Dillon Construction 27761 Camino Santo Domingo San Juan Capistrano, CA 92675 Mike Dillon (949) 661-0346 Water Improvements @ Ortega Hwy, San Juan Capistrano $73,000.00 Huntington Beach Union High School Dist. 5832 Bolsa Avenue Huntington Beach, CA 92646 ,John Staff / McCarthy (714) 962-8173 Yy0terline @ ntingtofi teach High School $221, i �6 S D Deacon 20201 S W Birch Street, Suite 100 Newport Beach, CA 92660 Mark Runyan (949) 222-9060 Water, Sewer, Storm Drain @ Stadium Promenade, Orange $301,012.93 Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Mark Butier, Jr / Butier C M (714) 832-7222 Warner Basin Dam, Anaheim $357,782.66 d Pipeline '® General Piping 7�� En9meerin9 Anaheim Union High School District 501 Crescent Way Anaheim, CA 92803 Roger Fisher - (949) 254-2577 Anaheim High School Modernization $99, 701.00 Anaheim Union High School District 501 Crescent Way Anaheim, CA 92803 Parker Davis - (949) 250-1500 South Junior High School Fire Water / Storm Drain Extensions $194, 900.00 North Orange County Community College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Mike Fistes - (714) 252-9440 Cypress College Water System Improvements $455, 720.94 North Orange County Community College Dist. 1830 W. Romneya Drive Anaheim, CA 92801-1819 Harold Abeln (C W Driver 949 261-5100) Fullerton College - FireWaterSystem&StormDrain $2, 093, 083.00 Norwalk - La Mirada Unified School District 12820 Pioneer Boulevard Norwalk, CA 90650-2894 Dennis Teo - (562) 863-2833 Interim Housing @ Arturo Sanchez Elementary School $586,350.00 Rancho California Water District 42135 Winchester Road Temecula, CA 92590 Craig Mapes - (951) 296-6989 Recycled Water Meter Modification $43, 350.00 El Rancho Unified School District 8910 E. Slauson Avenue Pico Rivera, CA 90660 Pedro Newbem - (626) 449-6787 Modulars: 8 Classrooms - 2 Restrooms At South Ranchito Elementary School $1,229,357.34 Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Mark Butier, Jr. (BUTTER C. M. 714 832-7211) Mini -Anaheim Inflow Improvement Completed 3/14/06 $709,989.85 t . TLAS-A-JE®, INC. Pipeline General Piping Engineering 'rNCE 1969 Anaheim Union High School Dist. C/O G K K Works (JFK High School) 8281 Walker Street La Palma, CA 90620 Ed Sukchai (714) 220-2600 Fire Water Connection @ JFK High $109,096.00 CA Department of Mental Health Metropolitan State Hospital 11401 S Bloomfield Avenue Norwalk, CA 90650 Leroy Richards (562) 651-4396 Shut Off Valves / Water Valves $105,370.00 Fullerton Joint Union High School Dist. C/O Erickson - Hall Construction 1021 W Bastanchury Rd., #110 Fullerton, CA 92833 Dave Hall (714) 738-4995 Water Improvements - 4 Sites $208, 500.00 John Wayne Airport 3160 Airway Avenue Costa Mesa, CA 92626 Jeff Oviedo (949) 252-5275 Flush Mount Fire Hydrants $1, 097, 034.00 Los Angeles County Dept. Public Works 900 S Fremont Avenue Alhambra, CA 91803 Ambrose Ajelo (626) 458-7921 Pump Station - Manhattan Beach $159,585.00 Los Angeles County Dept. Public Works 900 S Fremont Avenue Alhambra, CA 91803 Jose Pou (626) 458-2191 Low Flow Diversion - Redondo Beach $383,616.00 Walsh -Dillon Construction Inc. 27761 Camino Santo Domingo San Juan Capistrano, CA 92675 Fire Hydrant / Storm Drain Improvements Michael Dillon (949) 661-0346 $158,801.00 Helix Water District 7811 University Avenue La Mesa, CA 91941 Art Floto (619) 596-1329 Transmission Main Valve Installation $252, 367.00 H 1 LAS-AL.LIEDy ,�tlC Pipeline General Piping SIN 9 Engineering cE 10 REFERENCE SHEET 2003 Chuck Conyers Construction, Inc. 1662 W. Fairview Drive Corona, CA 92880 Chuck Conyers (951) 734-1736 Raceway Nissan - Sewer, Water, Storm Drain & Dry Utilities $ 496,020.00 Orange County Water District 10500 Ellis Avenue Fountain Valley, CA 92708 William Chen, P.E. (714) 378-3336 Relocate Electrical, Installed Water Valve, Concrete & Fence $ 104,187.49 Norwalk - La Mirada Unified School District 12820 Pioneer Blvd. Norwalk, CA 90650-2894 Vince Marchetti (562) 868-0431 Ext. 2187 Relocatables @ Glazier Elementary & John Glen High $ 258,703.52 California Dept. of Parks & Recreation 8885 Rio San Diego Dr., Suite 270 San Diego, CA 92108 Harry Miller (619) 220-5357 600 Ft. Sewer Line Construction @ Crystal Cove State Park $ 280,000.00 City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832 Karen Kobayashi (714) 738-6897 Maint. Yard Clarifier, Fuel Island, Storage Bin Canopies $ 263,686.00 Chuck Conyers Construction 1662 W. Fairview Drive Corona, 92880 Chuck Conyers (951) 734-1736 Raceway Ford - Sewer & Water $ 58,917.18 Ll BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Atlas -Allied, Inc. as Principal, and (name of contractor) Carolina Casualty Insurance Company as Surety, (name of surety) City of Huntington beach are hereby held and firmly bound unto as Owner (name of owner) in the penal SUM Of Ten Percent of the Total Amount of the Bid Dollars ($ Io a ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this 22nd day of July The Condition of the above obligation is such that whereas the Principal has submitted City of Huntington Beach to a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the Emergency Replacement of Sewer Pipline on the Huntington Beach Pier NOW, THEREFORE, (a) If said Bid shall be rejected or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of -Contract attached- hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid. Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation, as herein stated. The Surety, for value received hereby stipulated and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive a notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. ATTEST: �., . - George is Tani (SEAL) ATTEST: L. r L. el Witness Atlas -Allied, Inc. Principal BY:� ��11•-'� C Eva Siciliani, Vice President/Treasurer Carolina Casualty Insurance Company BY State of California County of Orange On July 23, 2008 before me, Nile Sensabaugh, Notary Public personally appeared Eva Siciliani - Vice President/Treasurer 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 she executed the same in her authorized capacity, and that by her 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } County of Orange } On July 22, 2008 before me, Deborah Priest -McGinn, Notary Public personally appeared John G. Kookootsedes who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official seal. SignaturePlace Notary Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Guardian or Conservator ❑ Other Signer is Representing: POWER OF ATTORNEY No. 572 CAROLINA CASUALTY INSURANCE COMPANY URBANDALE, IOWA KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Iowa, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: James G. Brakke, Matthew E. Schafnitz or John G. Kookootsedes of Brakke-Schafnitz Insurance Brokers, Inc. of Laguna Niguel, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Twenty Million and 00/100 Dollars ($20,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney -in -Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto'. RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attomey-in-Fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of January , 2008. Attest: r` (Seal) By: Be . S r an Vice Presi nt and Secretary Carolina Cas ItyIn ran c ompany By: Reyad . Cratem, III Vice P esident, Chief Financial Officer and Treasurer WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) SS COUNTY OF DUVAL) On this 22nd day of January , 2008, before me personally came Betty C. Sutherland to me known, who, being by me duly sworn, did depose and say: that she Is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and that she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that she signed her name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal; the day n ear herein fir abov written. �,sn a& Notary Public State of Florida �' Amanda F Worth My Commission DD647793 Notary Public, State of Florida at Large �OF �°� Expires 0512512011 CERTIFICATE I, the under>.�gned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and comple're copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the A.ttornev-in-Fact sel, forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date. Gi��eri tinder m; hand and the seal of the Company, this 22nd day of July 2008 (Seal) 1 f0 fX, Be S'r , City ®f Huntington Beach 2000 Main Street m Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK May 28, 2009 BNB Engineering, Inc. 2602 S. Halladay Street Santa Ana, CA 92705 RE: CC-1335 — Emergency Sewer Pipeline Replacement Project on the HB Pier Enclosed please find your original bid bond for CC-1335. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citiq.lqo j1@{c6tk�)Hbkt is 66 g@cNew Zealand ( Telephone: 714-536-5227 ) JI ,� Engineering lnc. ai. GENERAL ENGINEERING CONTRACTOR DMISE 4620%2 fA"HAL 26o2 S, Halladay Street Santa Ana, CA 9z7os , 14 641-3745 71a-u41IFOi fAX a n ' 2008 JUL 24 PM 1: 45 Iz.1 y , 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 HGdd'r's bond in the amount of $ 1U% 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: C-2 Estimate Item with unit Item d price Extended No. Quantity written in words Unit Price Amount 1 I Mobilization Thirty six hundred fourty five Dollar 3.h45_IN) 3.b45,L><-1 LS @ s 00 / 100 Cents Per LS 2 1750 Remove 6-inch CIP Sanitary Sewer Thirteen do I I ars Dollar 13• 00 22, /50.UO _ _ LF @ s U0/ 1 OO Cents Per LF 3 1750 Install 6-inch PVC Sewer W/ Casing Spacers I wenty five do I I ars Dollar 25. UO 43. /50. 00 _ _ LF @ s UU/100 Cents Per LF 4 8 Install Sewer Cleanout $ $ Two hundred fifty Dollar 250.00 2 ()<l0 U EA @ s UU / 100 Cents Per EA 5 1 Install 4-inch Sewer Service with 3X4 Reducer Eight hundred eighty five Dollar 885.UU 885.UO EA @ s UU/100 Cents Per EA 6 3 Install 4-inch Sewer Service Eight hundred eighty five Dollar W5.OU 2,bbb-00 EA @ s UU/ 100 Cents Per EA 7 1 Install 4X6 Reducer and Tie to Exist ABS Sewer Two hundred dollars Dollar 200.00 2U0 OU _ EA @ s UU/100 Cents Per EA C-3 8 8 Install 12-inch Expansion Joint Iwo hundred ti tty Dollar 250.00 2,00. UU EA @ s W/ 1(0 Cents Per EA 9 1 Install 6-inch Double Sweep Clean -Out $ $ Three hundred fifteen Dollar 315.00 315. OU _ _ EA @ s UU/ I00 Cents Per EA 10 1 De -Mobilization Eight hundred Dollar $W. UO 8W. UO LS @ s W./,I W Cents Per LS Total Amount Bid in Figures: $ /9, 000. UO Total Amount Bid in Words: Seventy nine thousand dot tars and UU/1UO C-4 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange PAUL BIEBER , being first duly sworn, deposes and says thaQh or she is VICE PRESIDENT SECRETARY of BNB ENGINEERING INC, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BNB ENGINEERING INC. N idde Sig ature of Bidder 2bUL S. HALLADAY STREET SAWA ANA, CA 92/05 Address of Bidder Subscribed and sworn to before me this 23rdday of July , 20 "8 NOTARY PUBLIC Wji,:��� I C, - -) C.J. CENNAMO COMMISSION / 171,0495 Y nZ Notary Pubtle - Cal'i(omla 0 ORANGE COUNTY Y SEAL C-6 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 Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier, (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: July Z3, ZU08 �48? T► A tat :;;:, � r . ; 1 h. y :r MA raw cuar"t jM BNB ENGINEERING INC. ntractor By au I Bieber VICE PkESIUENI—SECKEIAKY Title C-% 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-s 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: Ju ly Z3, LUL)8 BNB ENGINEERING INC C r By Paul Bieber VICE PKESIUENI-5EGREIAKY Title C-9 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 I1 .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-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BNB ENGINEERING INC. Bidder Name 1bU2 S. HALLAUAY STREET Business Address SANTA ANA CALIFURNIA 92/U5 City, State Zip /14 b41-3/45 Telephone Number b'LUStiL A/HAL State Contractor's License No. and Class 05/31 /-1 yyl Original Date Issued U5/31/2UU9 Expiration Date The work site was inspected by Hb n- V-jKK of our office on 1-7 , 2006. The following are persons, firms, and corporations having a principal interest in this proposal: MAII GRIM PAUL BIEBER JESSE BIEBER C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PAUL BIEHEK Printed or Typed Signature Subscribed and sworn to before me this Z3rd day of JULY , 2008 C.J. CENNAMO •! COMMISSION # 1718495 Z IL Notary Public - CaHWAia O ORANGE COUNTY � NOTARY PUBLIC c My Comm. Expires Jan. Yo, s011 aeAw 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: I ANSA LIGHT e. WATER Name and Address of Public Agency Name and Telephone No. of Project Manager: JERRY ICHEN 626-b/3- UI91 $ //b,000 Curb Yz Gutteer, sidewalk, Uri veway Contract Amount Type of Work 2. C11Y OF HUNTINGIUN BEACH Name and Address of Public Agency 3 Name and Telephone No. of Project Manager: CHK15 WAY / 14-6L 1-U5.i/ Contract Amount Name and Address of Public Agency Sewer Kepair w% lbncrete Type of Work Name and Telephone No. of Project Manager: / /ZUU8 Date Completed b/"LUU8 Date Completed Contract Amount Type of Work Date Completed C-12 SECTION D dY[)id Si S SAMPLE CONTRACT RACT E-1 Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we BNB ENGINEERING, INC. as Principal hereinafter called the Principal, and MERCHANTS BONDING COMPANY N/A a corporation duly organized under the laws of the state of IOWA as Surety, hereinafter called the Surety, are held and firmly bound unto HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID Dollars ($ I0% OF 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 EMERGENCY REPLACEMENT OF SEWER PIPELINE ON THE HUNTINGTON BEACH PIER NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this Witness Witness ORSC 21328 (5/97) 23rd day of July 2008 r Merchants Banding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents; that the MERCHANTS: BON DING COMPANY(MUTUAL); a corporation duly organized under the laws of the State of Iowa; and having.its principal office in the City of.Des Moines, County of Polk, State of Iowa, path made, constituted and appointed; and does,by these-presents;make, constitute and appoint Betty Jo Peacock; Donald P. Sharp, Sherrie Lee Henry Of Visalia and State of California; 1tstrue and lawful Attomey-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, recognizancesorother written obligations in the nature thereof, subject to the limitation that anysuch instrument shall not exceed the amount of FIVE MILLION ($5,000,000 00) DOLLARS.. and to,bind the MERCHANTS BONDING COMPANY(MUTUAL) thereby as fully and to the same extentias if such bond or undertaking was signed by; the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -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, an&attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9:- The signature of any authorized officer and the Seal of the Company may be affixed byfacsimile to any Power of Attorney or Certificationthereof 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. Im Witness Whereof, MERCHANTS, BONDING COMPANY (MUTUAL) has caused these presents to besigned by Its President and its corporate seal to be heretoaffixed, this 11th day of February , 2008 . STATE OF IOWA COUNTY OF`POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) President On this 11 th day of February , 2008 , before me appeared Larry Taylor, to me; personally known, who being by me duly sworn 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 Seat 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;. ) have hereunto set my hand and affixed my Official,Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH. Commission Number 173504 to My Commission Expires 1 March 16, 2009 Notary Public, PoN County, iowe STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary. of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certifythat 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, I have hereunto set my hand and affixed the seal of the Company on this 23RD.day of JULY 2008 POA 0001 (1/06) w c•.!•ears ` .\,�IG Co • � : 193� e e y6 s Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of TULARE On JULY 23, 2008 before me, WILLIAM R . DADDS , NOTARY PUBLIC Date Here Insert Name and Title of the Officer ' personally appeared DONALD P . SHARP y!f ..,lt � a 4• 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,�A� � Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Attorney in Fact a ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City ®f Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 28, 2009 Charles King Co., Inc. 2841 Gardena Ave. Signal Hill, CA 90755 RE: CC-1335 — Emergency Sewer Pipeline Replacement Project on the HB Pier Enclosed please find your original bid bond for CC-1335. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi��f /c6 t/reta"h6&W.e0cNew Zealand (Telephone: 714-536-5227 ) 2008 JUL 24 FM 1: 21 11 �� f7 PROPOSAL for the Emergency Replacement of Sewer Pipeline on the Huntington Beach Bier in the CITE' OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUN`I'INGTON 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 necessazy 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 supen/ision 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 Ten (10) 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 ITEiM FROM THE COINTTRACT. 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-aviVarded-the: Contract; theundersigned=aji=ees-that in the event=df-the BIDDEFUS- default--ih-- _ - - executing the required contract and filing the necessar�r 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. i Accompanying this proposal of bid, find �I V--n4 in the amount of d a% of whict 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: . - C-2, Item with unit Item Estimated price Extended No. Quantity written in words Unit Price A -mount 1 1 1\fobilization _ LS cot TV0 Ut tkJ a"j A.y e i'1 U nrtr-O—vt Dollars ` — 4© Gents I Per_ LS 1 — 2 1750 Remove 6-inch CIP Sanitary Sewer $ $ -- LF � ��—'"' --Dollars — — �L _Cents Per LF 3 1 150 Install 6-inch PVC Sewer VT/ Casing Spacers $ $ LF � �� " @ /-yY Dollars — -- Cents Per LF 4 8 Install Sewer Cleanout f h 11 Uttd rep f:nla,�, ✓-e Dollars �� , cat .�D©a• Ge EA C f r-rt A l% Cents I I Per EA I 1 _> 1 Install 4-inch Sewer Service with 3X4 Reducer ,5C5.at EA--- l�l Cents I Per EA 1 6 3 Install 4-inch Sewer Service 1 $ $ EA Dollars — — Cents Per EA 7 I 1 Install 4X6 Reducer and Tie to Exist ABS Sewer EA @ jr*eke cZirY:/f //7CDollars j/ 0_ Cents j Per EA II C-3 8 I 8 I Install 12-inch Expansion Joint s EA rA Ptd i-e ey J-z y-- Dollars _ — 14 Per EA ___--cents �_ 9 1 Install 6-inch Double Sweep Clean -Out 741. et EA @ — A0-- - Cents Per EA 10 1 De -Mobilization SOU. C/G �(�C1. D6, LS @ �� ����� Dollars ------Cents Per LS Total Amount Bid in Figures: $ 40q.OD Total Amount Bid in Words: ���� yj apt i _ .e � t G1rr l.��,� � d � -�-� vi i � rl ©l �arr�- a d-c_��C- h o �► ��z�. C-? - -LIST OF SUBCONTRACTORS` - In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will pedorr. 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-5 - �?�T�O£�L-LJSIONT-��=�+'-FI�3A�VTI - -_ -- -- - -- - TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange b YC1 K 1 ►i-Gi , being first duly sworn, deposes and says that he or she is GS I A - tk f of (A V I zS k f 1'"Z A Op T-1 e. the party making the ibregoing bid ghat 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 Srsnature of Bidder 2��11 Cap-L>(Z�tc, eve. Address of Bidder Subscribed and sworn to before me this day of , 20 O � . NOTARY PUBLIC � .( T %1t ffi�- Uk -r- 6t i LA V6t—C NOTARY SEAL [ml State of California County of LOS ANGELES Subscribed and sworn to (or affir d) before me on this . - day of ti �, , 20i , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 14PsAww cIRosaaiO �4 conwramon # 16976099 No" d O - CaWaffft Los Angew couty .Mv Comm. Ex" Oct S, 201 (Seal) SignatureAt A MA -all - UTILITY AG�YIE1`dT — - --- - -- - _-- ---- 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 Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier, (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: %f person �i)ho, by reason of experience or instruction, is familiar ivirh 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. Bate: I D 10 c-7 Contractor By col K► e< zR;t- Title 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 la-w or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. AO - Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. CA 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 perfonnance of the work of this contract. Date: C-4 C A V :—s 1 �'�r 04_- Contractor By � V -,< � A -CIA, -- Tide IDENTIFICATIO 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 4216/4211 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Big Alert Identification Number. call Underground Service Alert at 1-800-422-4133 -a minimum of two working days before scheduled excavation. Di, Alert Identificati©n Alumber: CAI AV I T-< Ki ylsueLinc, Contractor r r s iA z Ut,+ . Title F Date: -7 G� Note: This form is required for every Dig- Alert Identification Alumber issued by US`A. during- the course of the work. Additional forms may be obtained - oar! the AGENCY upon request. C-? Q BIDDER certifies that the following information is true and correct: L� L� Carr I � s IC i i�� Cam' ►' �.�, �— Bidder Name Business Address State yip Telephone Number 71a�la State Contractor's License No. and Class Original Date Issued ()7/-qj 200el Expiration Date The wJY� ork site was inspected by t 6fat.Cl�f our office on tk� 20DOr The following are persons, firms, and corporations having a principal interest in this proposal: SiefnAl 11 6a©755- OA- qQ7 --The undersigned is-prepared=to satisfy the =Council of tlie-City-of Huntington -Beach of its abil t-- financially or otherwise, to perform the contract for the proposed work and improl7ements in accordance with the plans and specifications set forth. �� Gt, V Ire k I lit OD I:, Company Name Signature of Bidder Printed or Typed Sign2ure Subscribed- and sworn to before me this if- day of , 2000 1`,TOTARY PUBLIC Y-�(-( 4 1±A U-hC 4 JULV-a+ 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: I. ; wa t . ,. �, _ i��� �mrls A$-4_ Name and Address ot Public Agency Name and Telephone No. of Project Manager: k-q 619 i ✓is- $t?Of1 L F Contract Amount Type of Work Date ompleted Name and Address of Public Agency Name and Telephone No. of. Project Manager: r �213 J $ — � `� Contract Amount Type of Work Date Completed 3�3 I To r r-d PC t'R I Name and Address of Public Agency Name and Telephone No. of Project Manager: F m r7q 40 v-)uC1 n4q,,,h Ie—.30� d 9, rf7AI] SCOOLF 19 a PVC 4W uty rt7"n--S��f1d Contract Amount Type of 'A- ark 7- Bate Completed C--1 2 State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 19 day of , 20 ®?, , by VI!O proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. db Comm # 1697809 Los ArGOW Copy► My Comm. Expires Oct S. 2010 (Seal) Signature/i-M "C' 1,-Uk4T -- The Guarantee Company of North America USA 1800 Sutter Street, Suite 735, Concord, CA 94520 BOND NO. 121 KNOW ALL MIEN BY THESE PRESENTS, That we, Charles King Company, 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 The City of Huntington Beach as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID $****1 0 a****) 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 Emergency Replacement of Sewer Pipeline on the Huntington Beach Pier , 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 1 8th day of BY: (Witness) (Witness) ITS July 1 2008 Charles King Company, Inc. Principal Debra K. Kinq, President The Guarantee Company of North America US^. BY: Les M. Mantle, Attorney -In -Fact ACKNOWLEDGMENT State of California County of LOS ANGELES On 41 40 l(pe before me, personally appeared)� -&i K 1 " SARAH CRISCUOLO, NOTARY PUBLIC (insert name and title of the officer) 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On la - 0 before me, Mary Martignoni - Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle Name(s) of Signer(s) MARY MARTIGNONI COMM. # 1761251 A�, NOTARY PUBLIC - CALIFORN11 j ORANGE COUNTY My Comm. Expires Sept. 9.2011 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. 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. Signat re Place Notary Seal Above p � q / - Signal a of otary Public ®P6 r ,®! YPi L 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: Les M. Mantle ❑ Individual ❑ Corporate Officer — Titie(s): _ ❑ Partner — ❑ Limited ❑ General X 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: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s).- ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing AIGHTTHUMBPRINT _ . ,OF SIGNER .':- Top of • here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NalionaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 THE GUARANTEE COMPANY OIL NORTH AMERICA USA �•i 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 Les M. Mantle Lesron Insurance Agency, 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 3V 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 this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 11th day oJP�NrEFco4 of February, 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA J y�TH AM R STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, Secretary County of Oakland On this 11'" day of February, 2008 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 seat 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. r Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Com an of North America USA offices the day and year above written. a� Nota Public, State of P Y Y Y County of Oakland z`> My Commission Expires February 27,2012 „ 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 WIT ESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 18 day of JU 1 Y r 20018 caJP�PN TEF CQ o o 'tiw� oyc Randall Musselman, Secretary 2�RTM AMEP�'P