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Metro Builders & Engineers Group Ltd - 2012-08-20
PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by City of Huntington Beach RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: David Verone P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder �1111111111111111111111111111111111111111111111111 IIIIIINO FEE 2014000259654 04:30pm 06/30/14 66 410 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Metro Builders, Inc. who was the company thereon for doing the following work to -wit: ALGONQUIN SEWER LIFT STATION NO. 10 REPLACEMENT, CONSTRUCTION CONTRACT-1415 That said work was completed June 20, 2014 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June 26, 2014, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Western Surety Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this June 26, 2014. Direct6r of Pu 'c orks or tity Engineerp� City of Huntington Beach, California d STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Oran ounty. Dated at Huntington Beach, California, this June 26,2014. This document is solely the official business of Director of Public Works or City EngineerCity of Huntington Beach, California the City of Huntington Beach, as contemplated under Government code section. 6103 and should be recorded free of charge. THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) I�A1vIINE LAW PC CONSTRUCTION ATTORNEYS 523 WEST 6TH STREET, SUITE 546 LOS ANGELES, CALIFORNIA 90014 (213) 972-0119 FAX (213) 972-0005 W W W. K A M I N E C O N S T R U C T I O N L A W. C O M June 17, 2014 Joan L. Flynn, City Clerk CITY OF HUNTINGTON BEACH 200 Main Street, Fourth Floor Huntington Beach, CA92648 Re: Government Claims Act Claim of METRO BUILDERS & ENGINEERS GROUP, LTD. Our File No.: 454.008 ECt! E D ?01 JUG 20 AMI: 1. 13 CITY CLERr, CITY OF 11UN' INGTOti SEACt4 NOTE: This is NOT a tort claim. There is NOT likely to be any applicable insurance coverage for this claim; therefore, it is probably NOT appropriate to send it to your risk manager or insurance adjuster. This is a BREACH OF CONTRACT claim that probably should be referred to the departments that were involved with the contract. This claim is presented out of an abundance of caution. Metro Builders & Engineers Group, Ltd. [METRO] believes that all contract, Public Contract Code and Government Code claim requirements, if any, have already been substantially met, waived by City of Huntington Beach [CITY], would be futile under the circumstances, or CITY is estopped to rely upon them. METRO believes that this Gov. Code claim is unnecessary to the extent that previous written descriptions of the components of the claim amounted to a "claim as presented" (a) to which CITY waived any deficiencies (Gov. Code §§ 910.8 and 911; Phillips V. Desert Hospital Dist. (1989) 49 C3d 699, 705-08) and (b) for which CITY failed to give a written notice of action on claim under Gov. Code § 913, thereby extending the time within which to commence a law suit to two years after the accrual of the cause of action (Gov. Code 945.6). This is a claim against CITY. CLAIM NAME and POST OFFICE ADDRESS OF CLAIMANT: NOTICE IS TO BE SENT TO: FAMINE LAW PC 523 W. 6th St. #546 Los Angeles, California 90014 SERVING THE CONSTRUCTION INDUSTRY SINCE 1976. KAMINE LAW PC Joan L. Flynn, City Clerk CITY OF HUNTINGTON BEACH June 17, 2014 Page 2 DATE, PLACE AND OTHER CIRCUMSTANCES OF THE OCCURRENCE OR TRANSACTION: Breach of the contract for Algonquin Sewer Lift Station No. 10 & Algonquin Force Main & Heil Force Main Replacement Project, City Contract No. 1415 [PROJECT], during the performance of that contract by METRO, and through to the date upon which the last payment was due and not yet paid, by, among other things: 1) Failing to pay the balance due under the contract; 2) Failing to make timely and complete progress payments; 3) Failing to timely pay for change orders; 4) Failing to comply with the requirements of the implied covenant of good faith and fair dealing; 5) Failing to obtain necessary acts or omissions from third parties whose consent and cooperation was required to enable METRO to timely perform; 6) Requiring METRO to provide labor, services, equipment and materials beyond the requirements of the contract without properly negotiating and issuing change orders therefor; 7) Orally agreeing to modify the contract by requiring METRO to provide labor, services, equipment and materials other than those prescribed in the contract, which labor, services, equipment and materials were provided by METRO, and which modifications amounted to independent, collateral contracts or for which modifications either CITY waived any requirement that such modifications be in writing or CITY is estopped from relying upon any such requirement 8) Requiring METRO to provide labor, services, equipment and materials other than those prescribed in the contract without compensation therefor; 9) Failing to timely perform the things and conditions to be performed by CITY on its part, 10) Interfering with or otherwise disrupting and delaying and accelerating the performance by METRO of the contract; SERVING THE CONSTRUCTION INDUSTRY SINCE 1976. KAMINE LAW PC Joan L. Flynn, City Clerk CITY OF HUNTINGTON BEACH June 17, 2014 Page 3 11) Exercising the authority and discretion allowed to CITY under the contract in an unreasonable, arbitrary and capricious manner; 12) Deleting from and adding to the contract a quantity of labor, services, equipment and materials which was so significant that it changed the nature of the project which METRO had contracted to do; 13) So completely taking over the direction and control of the Project that METRO was converted from the status of an independent contractor, which was contemplated by the contract and which is the custom and usage in the industry, into a mere agent or employee of CITY; 14) Providing plans, specifications and other materials concerning the project, as a basis for bidding thereon and entering into the contract which were not accurate, workable, correct and sufficient METRO did not discover that its problems were caused by defects in these plans and specifications until METRO commenced construction on the Project; 15) Making representations of fact in the plans, specifications and other materials concerning the project which CITY provided to METRO, which representations (a) were untrue, (b) failed to disclose other facts which either materially qualified them or rendered them likely to mislead METRO, or (c) failed to disclose other facts which were known or accessible only to CITY and which CITY knew were not known to, or reasonably discoverable by, METRO. The true facts were not discovered until METRO obtained access to PROJECT; 16) Breaching the contract, including the breaches described above, in ways in which subcontractors and suppliers are claiming had the effect of causing METRO to breach its agreements with those subcontractors. and suppliers, thereby entitling METRO to implied contractual indemnity from CITY for those claims and/or entitling METRO to pass those claims through to CITY. INDEBTEDNESS, INJURY, LOSS OR DAMAGES SO FAR AS KNOWN AT THIS TIME: 1) The balance due under the contract; 2) Lost profit that would have been earned on this contract and that would have been earned on other contracts but for the additional commitment required for this contract; SERVING THE CONSTRUCTION INDUSTRYSINCE 1976. FAMINE LAW PC Joan L. Flynn, City Clerk CITY OF HUNTINGTON BEACH June 17, 2014 Page 4 3) Expenses incurred to provide labor, services, equipment and materials (plus overhead thereon and lost profits therefor), which were not required under the contract; 4) Additional expenses (plus overhead thereon and lost profits therefor) incurred for the performance of the contract due to disruption and delay to and acceleration of the project; 5) Expenses incurred and damages suffered on account of claims and demands from subcontractors and suppliers; 6) Expenses incurred to provide labor, services, equipment and materials (plus overhead thereon and lost profits therefor), which were only required by deviations in the nature and extent of the project from the way it had been presented in the plans, specifications and other materials given to METRO to use to determine its bid; 9) The value of the labor, services, equipment and materials METRO provided to and for the project in excess of what METRO should have had to furnish, because METRO entered into the contract at a lower price than it would have otherwise bid. 10) Indemnity for any recovery by subcontractors and suppliers on their claims against METRO. 11) Costs. KNOWN PUBLIC EMPLOYEES INVOLVED: Claimant is unaware of the identity of the responsible public employees. AMOUNT CLAIMED INSOFAR AS PRESENTLY KNOWN: Within the unlimited jurisdictional limits of the superior court. Very truly your-, Ma cia Haber Kamin MPHK:hs CERTIFIED MAIL —RETURN RECEIPT NO. ioi3�to300oG1�0�i90��5 SERVING THE CONSTRUCTION INDUSTRY SINCE 1976. KAIVIINE LAW PC Joan L. Flynn, City Clerk CITY OF HUNTINGTON BEACH June 17, 2014 Page 5 Cc: Matthew Harper, Mayor Joe Shaw, Mayor Pro Tempore Connie Boardman, Council Member Joe Carchio, Council Member Jill Hardy, Council Member Jim Katapodis, Council Member Dave Sullivan, Council Member Jennifer McGrath, City Attorney John Fujii, Senior Deputy City Attorney Travis Hopkins, Director of Public Works Todd Broussard, Principal Civil Engineer SERVING THE CONSTRUCTION INDUSTRY SINCE 1976. 1 / .MINE LAW PC $6,48q RUCTION ATTORNEYS US POSTAGE c FIRST-CLASS o 6TH STREET, SUITE 546 FROM90014 LES, CALIFORNIA 90014 06/17/2014 Stu °c^ 7013 2630 0000 7990 9275 . ED Joan.L. Flynn. City Clerk CITY OF HUNTINGTON BEACH 200 Main Street, Fourth Floor Huntington Beach, CA 92648 .��•:»:w�:�I"..�-':. Iw:��s�:�'i��31'il'lll�lil�al;liiilf;lz��st�.;l�lif�i.�1111�i;Iil�i}�;!!;# �pNTIN6TON syc y �o@ ��OUNTX GPI. _---- ------ — Jennifer McGrath City Attorney OFFICE OF CITY ATTORNEY P.O. Box 190 2000 Main Street Huntington Beach, California 92648 Telephone: (714) 536-5555 Facsimile: (714) 374-1590 Mike Vigliotta, Chief Assistant City Attorney Paul D'Alessandro, Assistant City Attorney Scott Field, Assistant City Attorney Neal Moore, Sr. Deputy City Attorney John Fujii, Sr. Deputy City Attorney Daniel K. Ohl, Deputy City Attorney Via Email(crfmamore(a�kamineconstructionlaw.com) and U.S. Mail April 3, 2014 Catherine R. Finamore Kamine Law PC 523 West 6`h Street, Suite 546 Los Angeles, CA 90014 Re: Public Record Act Request re: Algonquin Lift Station No. 10 Replacement and Algonquin Force Main Replacement and Heil Force Main Replacement Project Your File No.: 454.008 Dear Catherine: This letter responds to your March 21, 2014 letter, which the City received on March 27, 2014, requesting to review documents under the Public Records Act regarding the following category "The results of all analysis performed by City of Huntington Beach of the soils sample(s) taken by David H. Lee and Associates for the public work of improvement known as the Algonquin Lift Station No. 10 Replacement and Algonquin Force Main replacement and Heil Force Main Replacement Project, C.C. No. 1415." Please be advised that no responsive documents exist. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, J M. Fuji ii Sr. Deputy City Attorney c: Jennifer McGrath, City Attorney Joan Flynn, City Clerk Eric Charlonne, Construction Manager 107904.d6c Estanislau, Robin From: Estanislau, Robin Sent: Thursday, March 27, 2014 1:12 PM To: Fujii, John Subject: Public Records Request from Kamine Law PC Attachments: 20140327121139415.pdf; CC-1415.pdf John, Our office received the attached request today. I am prepared to send the file we have on the Algonquin Lift Station No. 10 - CC No. 1415 (also attached). However, I wanted to check with you before I respond as you are copied on this communication and I'm unaware of the legal issues involved in the matter. Please advise ... thanks! Robin -----Original Message ----- From: city_clerk_copier@surfcity-hb.org [mailto:city_clerk_copier@surfcity-hb.org] Sent: Thursday, March 27, 2014 12:12 PM To: Estanislau, Robin Subject: This E-mail was sent from "CLAdminRicoh5001PS1366" (Aficio MP 5001). Scan Date: 03.27.2014 12:11:39 (-0700) Queries to: city clerk copierosurfcity-hb.org 1 KAMINE LAW PC _ CONSTRUCTION ATTORNEYS 523 WEST 6TH STREET, SUITE 546 2014 HAR 27 Af_I 11^ 59 LOS ANGELES, CALIFORNIA 90014' Lv (213) 972-0119 FAX (213) 972-0005 W W W.KAMINECONSTRUCTIONLAW.COM March 21, 2014 JOAN L. FLYNN City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BY CERTIFIED MAIL Re: Algonquin Lift Station No. 10 Replacement and Algonquin Force Main Replacement and Heil Force Main Replacement Project Huntington Beach Contract #: CC No. 1415 File No. 454.008 Dear Ms. Flynn: Pursuant to Article I, § 3(b) of the California Constitution ("The people have the right of access to information concerning the conduct of the people's business, and therefore, the meetings of public bodies and the writings of public officials and agencies shall -be open to public scrutiny") and the California Public Records Act (Gov. Code § 6250 et seq), we want to inspect the following public records in your possession or in the possession of your agents and representatives. This request seeks records in the electronic formats in which you hold information (per Gov. Code § 6253.9), as well as hard copies: The results of all analysis erformed by City of Huntington Beach of the soils sample( taken by David H. Lee and Associates for the public work of improvement known as the Algonquin Lift Station No. 10 Replacement and Algonquin Force Main Replacement and Heil Force Main Replacement Project, C.C. No. 1415. In determining what records fall within the categories described above, please note that the Public Records Act (Gov. Code § 6252) provides that public records include "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." Further, "`Writing' means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words; pictures, sounds or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored." SERVING THE CONSTRUCTION INDUSTRY SINCE 1976. KAmiNE LAw Pc Joan Flynn March 21, 2014 Page 2 Please inform us of the location of these records and when you would prefer we come to inspect them, pursuant to Gov. Code § 6253, stating the procedures to be followed when making your records available. Also, please inform us whether your agency has adopted any regulations or guidelines for accessibility, pursuant to Gov.. Code § 6253.4, and if so, please provide us with a copy of those guidelines. If you contend that any record within the categories of records described above is exempt from production, you must tell us you are withholding that record and justify. your conduct by citing the exemption upon which you rely, as well as the names and titles or positions of each person responsible for the denial. (Gov. Code § 6253(d).) Please note, this is not a request that any records be copied by you. After we have first inspected all the records, we will provide our own copy service to copy the records we require. However, if you have a procedure for copying the records, please let us know what it is and what the costs are. If we do not receive a written response to this request within 10 days of the date of this letter, we will seek a court order enforcing our right to inspect those records and for attorney fees. Very truly yours, Catherine R. Finamore CRF:cmr CERTIFIED MAIL —RETURN RECEIPT NO. lvt2 044o o= "g5 3424 cc: John Fujii, Deputy City Attorney, Huntington Beach SERVING THE CONSTRUCTION INDUSTRY SINCE 1976. RECEIVED BY: CITY CLERK RECEIPT COPY i Return DUPLICATE to City Clerk's Office /(Name) ! after signing/dating (Date) we CITY OF HUNTINGTON BEACH y� INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: Aax,ltl)f- c DATES r SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. IL4 r MSC No. Approved % (Council Approval Date)*N (Company Name) Agenda Item No. City Clerk Vault No #27 g1followup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND METRO BUILDERS AND ENGINEERS GROUP, LTD FOR ALGONQUIN SEWER LIFT STATION #10 & FORCE MAIN REPLACEMENT THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and METRO BUILDERS AND ENGINEERS GROUP, LTD, a California Corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Algonquin Sewer Lift Station #10 Replacement, and Algonquin Force Main and Heil Force Main Replacement in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by g/agree/surfnet/cityconst 1 of 22 12/11 CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; g/agree/surfnet/cityconst 2 of 22 12/11 B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the g/agree/surfnet/cityconst 3 of 22 12/11 Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed two million, one hundred ninty thousand, five hundred ten Dollars ($2,190,510.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within one hundred sixty (160) consecutive working from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 4 of 22 12/11 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 5 of 22 12/11 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 6 of 22 12/11 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst % of 22 12/11 the sum of seven hundred fifty Dollars ($750.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 8 of 22 12/11 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of g/agree/surfnet/cityconst 9 of 22 12/11 such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 10 of 22 12/11 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. g/agree/surfnetkityconst 11 Of 22 12/11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's g/agree/surfnet/cityconst 12 of 22 12/11 employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. g/agree/surfnet/cityconst 13 of 22 12/11 CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. g/agree/surfnet/cityconst 14 of 22 12/11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. g/agree/surfnet/cityconst 15 of 22 12/11 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. g/agree/surfnet/cityconst 16 of 22 12/11 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully ,complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of g/agree/surfnet/cityconst 17 of 22 12/11 CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: David Verone 2000 Main Street TO CONTRACTOR: Metro Builders & Engineers Group, Ltd ATTN: 2610 Avon Street g/agree/surfnet/cityconst 12/11 18 of 22 Huntington Beach, CA 92648 Newport Beach, CA 92663 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of, any legal services expenses incurred by CONTRACTOR. g/agree/surfnet/cityconst 19 of 22 12/11 33. ATTORNEY'S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. g/agree/surfnet/cityconst 20 of 22 12/11 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. g/agree/surfnet/cityconst 21 of 22 12/11 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on4V_6U�5 2(/ g/agree/surfnet/cityconst 22 of 22 12/11 CONTRACTOR Metro Builders & Engineers Group, Ltd. 2610 Avon S eet Newport Beth, CA 92663 By: Fouad Houalla print name ITS: (cir a one) Chainn resident ice President A By: ouad Ho alla print name ITS: (cir a one Secretary hief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State f Calif is Mayor 655 Clerk 91341y® INITIATED AND AP RO ED: hector of Pu 1c Works APPROVED: APPROVED AS TO FORM: City Xttomey 0n g/agree/surfnet/cityconst 23 of 22 12/11 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND METRO BUILDERS AND ENGINEERS GROUP, LTD FOR ALGONQUIN SEWER LIFT STATION #10 & FORCE MAIN REPLACEMENT TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 7 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 11 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 16 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 17 26. NON -ASSIGNABILITY 17 27. CITY EMPLOYEES AND OFFICIALS 17 28. STOP NOTICES 17 29. NOTICES 18 30. SECTION HEADINGS 18 31. IMMIGRATION 19 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 33. ATTORNEY'S FEES 19 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 20 36. DUPLICATE ORIGINAL 21 37. CONSENT 21 38. SURVIVAL 21 39. MODIFICATION 21 40. SIGNATORIES 21 41. ENTIRETY 21 �XJH 417 A SECTION C PROPOSAL for the construction of ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT from ALGONQUIN ST. BETWEEN PEARCE DR. AND SANDRA LEE LN. AND HEIL AVE. BETWEEN SAYBROOK LN. AND SHOREBIRD DR. CC No. 1415 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 160 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 Bidder's Bona in the amount of $ 10 0 of Bid 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 A'dder's Sin ure 1 7/17/2012 C-2 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 1 1 Mobilization LS $ Z $S3a—T 2 1 Installation of Sheeting Shoring and Bracing Ls $ 2 Ooa $ Z601 (3a a 3 1 Removal of Sheeting Shoring and Bracing Ls $ �5_ 06 $ yS6ad 4 1 Demolition and abandonment of Existing Facilities on Ls Algonquin St. and Heil Av. $ 90,060 $ 80, a 00 5 1 Provision of By -Pass Pumping Ls $ S God $ 66C) If 6 1 Lift Station Structure Construction LS $ 250/000 $ 2,650., 000 7 5 Sanitary Sewer Manhole EA $ OO $ 0 O60 g 2 Rehabilitation and Relining of Existing Manhole EA $ Q6 $ 40,00 C-2.1 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount g 67 -inch VCP Sanitary Sewer LF $ 2 O Oo $ To 10 1 72-inch Diameter Concrete Meter Vault LS $ �Q� $ l O, a 0 D 11 100 18-inch VCP Sanitary Sewer LF $ 7S $ 1- 12 82 12-inch PVC 900 Force Main LF $ 15,0 $ / 60 13 28 -inch PVC C900 Force Main LF $ / ZS $O S•O� 14 2 Wet Pit Submersible Pumps EA $ 570,0oo $ / 6, 600 15 1 Spare Wet Pit Submersible Pump EA $ q $ qo OCgO 16 1 Piping Within and Between the Wetwell, the Valve Vault, LS and the Meter Vault $ 0 oa $ 25�0 _S C-2.2 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended No. QuantityUnit Description Price Amount 17 780 -inch DIP Force Main LF $ 120 $ "I3,16GO 18 1136 12-inch DIP Force Main LF $1- $ 7tO! 66 �Y 19 76 Concrete Curb and Gutter LF $ b 0 $ /V S6d 20 15100 0.17' Grind and 0.17' Overlay SF $Z..56 $ 77d 21 100 Furnish and Install Asphalt Paving TONS $/$5 $j8, 5,CQ 22 200 Furnish and Install Aggregate Base Course TONS $ 70 $ /y 060 23 1 Electrical Panels LS $ Oa p� $ 24 1 Remote Terminal Unit (Multitrode) LS $ G 06 $ 62T C-2.3 SECTION C Proiect Bid Schedule CC 1415 Item Estimated . Bid Item Extended No. Quantity Description Unit Price Amount 25 1 Street Striping Improvements LS $ nz,G g $ 12� SGd 26 1 Furnish and Install Flow Meter LS $ Soo $ 12,500 27 1 Provision and Implementation of Storm Water Pollution Ls Prevention Plan $ y_ Ood $ OOD 28 1 Provision and implementation of traffic Control Plan LS (TCP) $ Od $ 29 1 Ground Water Dewatering and Settlement Monitoring LS $ / Ooo $ l Dt 000 30 1 Protection of Existing Utilities 2or Dab LS $ $ 2 0, QOO 31 1 Bonds (Payment and Performance) LS $ SO4 $ 16t Sod 32 1 12-inch Water Relocation LS $ �s{ 006 $ O� C-2.4 Addendum #1 SECTION C Project Bid Schedule CC 1415 Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 33 5 Installation of Handicap Ramp _3V_ EA $ RAW � /0/00o 34 950 Installation of 12-inch thick Pipe Foundation LF $ 33,410 C Sub -Total, Amount for Bid Items, in words and in numbers: �C�, Tw6 N�N���6nl �R� t I �:h�I $ e�t.� I90� Slo All extensions of unit prices will be subject to verification by the Agency. In a case of verification between the unit price and the extension, the unit price will govern. C-2.5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract 1�2Sk Sc>c ow�en-}o 1 CPI,- .6S23a3 6 ?C>t �,ord—E �. �kacQer By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7/25 , at Newport Beach CA Date City State Fouad Houalla , being first duly sworn, deposes and says that he or she is President of Metro Bldrs & Engrs Grp 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. Fouad Houalla Name of Bidder Signature of,,Aidder 2610 Mron Street Newport Beach, CA 92663 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC 1415, (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 25, 2012 Metro Builders & Engineers Group, Ltd. Contractor Fouad Houalla By President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? J. Yes M No If the answer is yes, explain the circumstances in the space provided. C-6 Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever received a citation of any kind from any of the State of California's nine Regional Water Quality Control Boards? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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: Julv 25, 2012 Metro Builders & Engineers Group, Ltd. Contractor President Title Fouad Houalla C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Metro Builders & Engineers Group, Ltd. Bidder Name 2610 Avon Street Business Address Newport Beach, CA 92663 City, State Zip (949) 515-4350 Telephone Number 597589 A, B, C-10 State Contractor's License No. and Class 7/3/1990 Original Date Issued 7/31/2012 Expiration Date The work site was inspected by Ryan Schultz of our office on july 23 , 201--2 The following are persons, firms, and corporations having a principal interest in this proposal: Fouad Houalla - President, Secretary, Treasurer Houalla Enterprises, Ltd. DBA Metro Builders & Engineers Group, Ltd. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Metro Builders & Engineers Group, Ltd. Company Name Signature of Bidder Fouad Houalta Printed or Typed Signature Subscribed and sworn to before me this day of SEE ATTACHED NOTARY PUBLIC Bidder's Project History , 201_ NOTARY SEAL For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer lift stations of similar size, project work within an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: ** SEE ATTACHED LIST OF COMPLETED PROJECTS ** and Address of Public Agency Name and Tefe)3,hQne No. of Project Manager: Contract Amount ---,Type of Provide proiect description: Date Completed C-10 C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of U �� On before me, Date personally appeared SHELLY JEAN IRVINE Commission # 1832001 z a Notary Public - California D z ' `.. Orange County My Comm. Expires Jan 19. 2013 rvl/%JL e I j Name and Title who roved to me on the basis of sati cto p rY evidence to be the person wwhose nam i /are subscribed tot ithin Instrument and acknowledged me that he/s a/they execute the same in �er/th er/their orized c pacity ' s), and that by r signature on the instrument the person(,�'or the enti 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: Place Notary Seal and/or Stamp Above igna r f Notary Public OPTIONAL Though the information below is not required by law, it may prove ua to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ©2008 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.Nationa[Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Completed Projects Metro Builders and Engineers Group Ltd. 2610 Avon Street, suite A Newport Beach, CA 92663 (949) 515-4350 Tel, (949) 515-4351 FAX Owner: City of Newport Beach Contact: Andy Tran, P.E. Phone Number: (949) 644-3315 Project: Wastewater Pump Station Rehabilitation Location: Various Locations, Newport Beach, CA Contract Value: $1,994,112.00 Description: Rehabilitation of 4 existing sewer pump stations and replacement of 1 sewer pump station. % Done By Metro: 65 % Completion Date: 7/1/2011 Owner: City of Los Angeles - Board of Recreation and Park Contact: Alice Gong Phone Number: (213) 485-3996 Project: Reseda Lake Park Rehabilitation PRJ1200K Location: 18411 Victory Blvd, Reseda, CA 91335 Contract Value: $721,711.00 Description: Drain existing lake, rehabilitation of lake bottom, construct aeration system, construct skimmer boxes, installation of floating islands and planting. % Done By Metro: 75 % Completion Date: 4/19/2011 Owner: City of Norco Contact: David Gilbertson Phone Number: (909) 594-9702 Project: Reservoir No 4 Booster Pump Station Location: Norco, CA Contract Value: $563,580.00 Description: Construction of Booster Pump Station, including steel pipeline, site electrical improvements, masonry walls, new pump house, installation of new pumps and associated electrical and instrumentation. % Done By Metro: 85 % Completion Date: 4/1/2010 Owner: City of Los Angeles - Bureau of Engineering Contact: David Copp Phone Number: (213) 485-1625 Project: Air Treatment Facility at La Cienega and Jefferson Location: 3410 S La Cienega Blvd, Los Angeles, CA Contract Value: $13,385,862.06 Description: Construction of Air Treatment Facility -- 25' deep shoring, concrete basement, pumping equipment, sewer odor control equipment, electrical and instrumentation. % Done By Metro: 75 % Completion Date: 3/25/2010 ............................................................................................... Completed and In -Progress Projects Page 1 of 2 Metro Builders And engineers Group Ltd. .................................................... 7/25/2012 Owner: Elsinore Valley Municipal Water District Contact: Chad Merrill Phone Number: (909) 831-4532 Project: Back Basin Groudwater Treatment Location: 601 Malaga Rd, Lake Elsinore, CA Contract Value: $8,211,711.00 Description: Construction of Groundwater Treatment Plant including pumping equipment, water treatment equipment, electrical and instrumentation. Also included sewer lift station. % Done By Metro: 65 % Completion Date: 9/l/2008 Owner: Elsinore Valley Municipal Water District (EVMWD) Contact: Loren Sorber Phone Number: (951) 674-3146 Project: Lake Elsinore Phase II Aeration Project Location: 1306 Lakeshore Drive, Lake Elsinore, CA 92530 Contract Value: $2,171,711.00 Description: Lake Aeration System including pumping equipment, aeration equipment, etc. % Done By Metro: 75 % Completion Date: 6/l/2007 Owner: Jurupa Community Services District Contact: Umesh Shah Phone Number: (951) 685-7434 Project: Roger D. Teagarden ion exchange water treatment pl Location: 4150 Etiwanda Ave., Mira Loma, CA 91752 Contract Value: $2,279,176.42 Description: Water Treatment Plant % Done By Metro: 85 % Completion Date: 6/l/2007 ......................................................................................................................................................... Completed and In -Progress Projects Page 2 of 2 7/25/2012 Metro Builders And engineers Group Ltd. Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Richard Quattrocchi Name of proposed Project Manager Telephone No. of proposed Project Manager: (949) 515-4350 ext 16 JWPCP - Dewatering Estimated 6/2013 Facility - $9.9M Water Treatment Plant In Progress Project Name & Contract Amount Type of Work Date Completed Back Basin Groundwater Treatment - $8.1M Water Treatment Project Name & Contract Amount Type of Work City of LA Air Treatment Facility - $13.3M Air Treatment Facility Project Name & Contract Amount Type of Work 2. John Prothero Name of proposed Superintendent Telephone No. of proposed Superintendent =3 Date Completed 3/2010 Date Completed (949) 612-5271 Upper River Well Field & Estimated 8/2012 Water Supply - $3 1M Water Transmission In Progress Project Name & Contract Amount Type of Work Date Completed City of LA Air Treatment Facility - $13.3M Air Treatment Facility 3/2010 Project Name & Contract Amount Type of Work Date Completed Reservoir 4 Booster Pump Station - $600k Booster Pump Station 4/2010 Project Name & Contract Amount Type of Work Date Completed C-12 *AIA Document A31 OTM -2011 i CClNTRACTOW. (Name, legal status and address)' Metro Builders & Engineers Group, 2610 Avon Street, Suite A Newport Beach, CA 92663 OWNER: (Name, legal status and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 BON© AMOUNT: SURETY (Name, legal status and principal place LtdPf business) Western Surety Company 1455 Frazee Road, Suite 801 San Diego, CA 92108 Ten Percent of the Bid Amount (10%) 01104ECT. This document has important legal aonsequences.;Consultation with an attorney is encouraged with respect to completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. (Name, location or address; and Project number, ifany) ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT - CC No. 1415 in the City of Huntington Beach The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety kind themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time speciftedin the bid documents, or within such time period as may be agreed to by the Owner. and Contractor, and the Contractor either (1)'enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond.or-bonds astray be specified in the bidding or Contract Documents; with a surety admitted in the jurisdiction of the ProjerAand otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect, The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this.Bond is issued in connection with a subcontractor's bid to a Contractor; the team Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the. location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this Oth day of July, 2012 �m _4—(Princ (Witnes ) (Title) Weste. (Suret (Wi7 ess) _ f'rVIA Houalla, Pres Gerrit E. Brouwer, Attorney -In -Fact ALA Document A310111—20i*. iopyd9ht A 1963, 1970 and 2010 by The American Institute of Architects (Seal) (Seal) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignac, James P Schabarum II, Janis Theodore, Jennifer L Cox, Gerrit E Brouwer, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of September, 2010. WESTERN SURETY COMPANY e. ItETy 0gq'`11ye 00'P Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 2nd day of September, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J r D. KRELL r r November 30, 2012 f(SEAL) Y PUBL1C�s :(SEAL) SOUTH DAKOTA 71— j +tiYtititi 44ti titi titititititi4htititititi + D. Krell, No Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 20t-h day of Tul V 2012 +*/. it 0. WESTERN SURETY COMPANY 1t,POgq��� W VO ,A�2 s�,N opNo�P{ 421 L. Nelson, Assistant Secretary Fomt F4280-09-06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On July 20, 2012 before me, J.E. Theodore , Notary. Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared. Gerrit E. Brouwer Names) of Signer(s) J. c. THEflGc1PE Cc�MM. #1�03151 n Ly \,O7ARY PUBUC-CALIFORNIA LC SP.N DIEGO COUNTY My commiss;cn Expires DECEMBER 9,2215 Place Notary Seal Above Who proved to me. on the basis of satisfactory evidence to be the person(,§) whose name(s) is/aqe subscribed to the Within instrument and acknowledged to me that he/6%/fty executed the same: in his/bgr/,t it authorized capacity(ies), and that by his/W/fir signature(§) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness nd,4 off ici 1 eal. Signature ig lure of Notary Pu lic OPTION Though the information below is not.required bylaw itmay ' pro ve valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of. Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's. Name:. ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner El Limited ❑ General ❑ Attorney in Fact. ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Tltle(s): — ❑ Partner [Limited ❑ General ❑ Attorney in -Fact ❑ Trustee Guardian or Conservator Other: Signer is Representing: HIS' ®® e1� 1 ®®® ®® a Metro Builders & Engineers Group, Ltd. 2610 Avon Street • Newport Beach; CA 92663 • www.metrobuildevs.com Cam OF mftlfo & �AcV) GA a, Jt I'm ST AT IOP I\mod t ID jklckolka DIAWA FOI.4F 1 NIN Awl yucoccr ® C 4,1416 AC< l�i••r.+q,'�r�8� CERTIFICATE OF LIABILITY INU RAN DATE (MM/DD0 12 9i1oi2o�2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT : Certificate Department /C No:619-234-8601 PONE,,.EM:619-234-6848 Ale, Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 License No. OA99520 E-MAIL ADDRESS: certificates@cavignac.com CUS TOMER D :METRO-5 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A INSURERB: ST PAUL FIRE & MARINE INS CO 24767 Metro Builders & Engineers Group, Ltd. 2610 Avon Street Newport Beach, CA 92663 United States INSURERC: STEADFAST INS CO 26387 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 194152 REVISION NUMBER: 196166 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSR SUER POLICPOLICY NUMBER MM/ DY EFF MMPOLICY1 EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY DTEC07639L491TIL11 11/1/2011 11/1/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE � OCCUR PERSONAL BADVINJURY $ 1,000,000 X Cross Liab/Sev of Int X GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 0 0 0 , 0 0 0 Prop Dmg Deduct. $ 10,000 POLICY X PRO LOC A AUTOMOBILE LIABILITY BA7639L49111CNS 11/1/2011 11/1/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 X ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS PROPERTY DAMAGE (Per accident) $ SCHEDULED AUTOS HIRED AUTOS X $ NON -OWNED AUTOS B X UMBRELLA LIAB X OCCUR QK04501313 11/1/2011 11/1/2012 EACH OCCURRENCE $ 9,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 9, 0 0 0, 0 0 0 DEDUCTIBLE $ X $ RETENTION $ $10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A DTJUB7639L49111 11/1/2011 11/1/2012 X WCST LIMIT- OTRH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Prof./Pollution Liab. EOC488737201 11/1/2011 11/1/2012 Ea. Claim & Aggre $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: CC-1415; Algonquin Sewer Lift Station and Force Main Replacement Project. Additional Insured coverage applies to General and Automobile Liability for City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers per policy form. Primary coverage applies to General and Automobile Liability per policy form. Prof. Liab. - Claims made, defense costs included within limit. L;LK I II-IUA I t HULUtR l.iary VCLLH 1 IVn City of Huntington Beach 2000 Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 190 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Huntington Beach, CA 92648 ACCORDANCE WITH THE POLICY PROVISIONS. United States AUTHORIZED REPRESENTATIVE James Schabarum\J\�"'�" U 19BB-ZOU9 AUORU UORPORA I ION. All rlgnts reservea. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD D')..or COMMERCIAL AUTO Policy No. BA7639L49111CNS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL !NSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. ��'vTIC` A�.rD aV�'^vsarL`vG` vC ACviDo=„14 Oe: I n0a M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AU T O 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION 11— LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 06 09 ® 2009 The Travelers companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc_ with its permission_ POLICY NUMBER. DTEC07639L491TIL11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Huntington Beach its officers, elected or appointed officials, employees, agents and volunteers PROJECT/LOCATION OF COVERED OPERATIONS: CC-1415; Algonquin Sewer Lift Station and Force Main Replacement Project. 1. WHO IS AN INSURED (Section II) is amended to include the person or organization shown in the Schedule above, but: a. Only with respect injury", "property injury"; and to liability for "bodily damage" or "personal b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" on or for the project, or at the location, shown in the Schedule. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by a "written contract requiring insurance" for that additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits of Insurance. b. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failure to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional insured does not apply to a "bodily injury" or "property damage" caused by "your CG D2 47 08 05 Copyright, 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 D-A of r. work" and included in the "products- b) If a claim is made or "suit" is brought completed operations hazard" unless a against the additional insured, the "written contract requiring insurance" additional insured must: specifically requires you to provide such coverage for that additional insured, and i. Immediately record the specifics of the then the insurance provided to the claim or "suit" and the date received; additional insured applies only to such and "bodily injury" or "property damage" that ii. Notify is as soon as practicable. occurs before the end of the period of time The additional insured must see to it that for which the "written contract requiring we receive written notice of the claim insurance" requires you to provide such or "suit" as soon as practicable. coverage or the end of the policy period, whichever is earlier. c) The additional insured must immediately send us copies of all legal papers received 3. The insurance provided to the additional in connection with the claim or "suit", insured by this endorsement is excess over any cooperate with us in the investigation or valid and collectible "other insurance", whether settlement or the claim or defense against primary, excess, contingent or on any basis, the "suit", and otherwise comply with all that is available to the additional insured for a policy conditions. loss we cover under this endorsement. However, if a "written contract requiring d) The additional insured must tender the insurance" for that additional insured defense and indemnity of any claim or specifically requires that this insurance apply "suit" to any provider of "other insurance" on a primary basis or a primary and non- which would cover the additional insured contributory basis, this insurance is primary to for a loss we cover under this "other insurance" available to the additional endorsement. However, this condition does insured which covers that person or not affect whether the insurance provided organization as a named insured for such loss, to the additional insured by this and we will not share with that "other endorsement is primary to "other insurance", whether primary, excess, insurance" available to the additional contingent or on any other basis, that is insured which covers that person or available to the additional insured when that organization as a named insured as person or organization is an additional insured described in paragraph 3. above. under such "other insurance". 5. The following definition is added to SECTION 4. As a condition of coverage provided to the V. - DEFINITIONS: additional insured by this endorsement: "Written contract or agreement requiring a) The additional insured must give us insurance" means that part of any contract or written notice as soon as practicable of an agreement under which you are required to "occurrence" or an offense which may include a person or organization as an result in a claim. To the extent possible, additional insured on this Coverage Part, such notice should include: provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is i. How, when and where the "occurrence" caused by an offense committed: or offense took place; ii. The named and addresses of any a. After the signing and execution of the injured persons and witnesses; and contract or agreement by you; iii. The nature and location of any injury or b. While that part of the contract or damage arising out of the "occurrence" agreement is in effect; and or offense. C. Before the end of the policy period. CG D2 47 08 05 Page 2 of 2 Copyright, 2005 The St. Paul Travelers Companies, Inc. Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P-O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] 1 �FR NEY -IL) 3-2K).U�kD 245911 1 CONTRACTOR'S CERTIFICATE L , state and certify that: (Name of Dedarant) l is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project'). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims. listed .below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at.the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: � 17Ab —U 3 . Zo of P Name: [Type Name] Title: [Type Title] 2459141 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws . Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the I wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the.United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 - , at (Type Contractor Name) By: _ Name: Title: [Type Name] [Type Title] California. SLS C)3 • ab - Citp 247542-1 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk September 25, 2012 Metro Builders & Engineers Group, Ltd. 2610 Avon St. Newport Beach, CA 92663 Re: Algonquin Sewer Lift Station #10 & Force Main Replacement— CC-1415 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) bMp&kCWnta3 pdaranJc! Waitakere, New Zealand RECEIVED BY: (Name) (Date) HJ. 0 TO: FROM: DATE: SUBJECT CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Shari Freidenrich, City Treasurer S (7t)/ Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved (C until Ap royal Date) (Company Name) dD Agenda Item No. City Clerk Vault No. #27 g1followup/bondletter.doc Bond No. 58698680 Premium: $19,524.00 P��F�R��N�� ��� Premium is for Contract Term and is subject to Adjustment Based on Final Contract Price KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written. agreement dated , 20�;-,.ente.red,into a contract with Metro Builders & Eneileers GrouppLtd. 2610 Avon Street Suite A Newport Beach CA 92663 (name and: address of contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Algonquin Lift Station No 10 Replacement and Algpnpinin Farce Unin and Llp; Farce Ndain as iaagm nt Project from Algonquin St between Pearce it and Sandra Lee 1 n and Heil AvP Rf-fwpen U T anP and Shorebird Drive CC No I C 5 in the ('itv of Huntine an Reach (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter. collectively "Contract"), are. incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and Western &rM Company 1455 Frazee Road Suite 801, San Diego CA 921.08 (name and add ress dress of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to.as "Surety"), as Surety; are held ,and firmly bound unto City in the penal sum of Two Million One Hundred Ninety Thousand Five Hundred Ten and N ii nnrhs Dollars ($ 2 190.510.00------ ),this amountbeing 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 theterms 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 Sure ty Bond. Surety waives notice of any adjustment of contract time or contract price, and .PERFORMANCE BOND 277591.1 Page 1 of.2 Bond. No. .58698680 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 WITNESSWHEREOF, 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 goveming.body. Surety, by execution ofthis bond, waives any defense which S.urety'has or may have by reason of any failure of the Principal to execute or properly execute this. bond. Dated: August 28, 2012 ATTEST (Corporate Sea[) ATTEST (Corporate Sea[) (Attach Attorney -in -Fact Certificate) Western Surety Company (Surety Name) g�� � Name: Gemrt E. Brouwer Attorney -In -Fact (Signature,of Attorney=in-Fact for Surety.) ( 619) 682-3507 (Area Code & Telephone Number of: Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH By ennifer Mc ath/)51�` ty Attorney 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 _Wnd'15040A I I I POWER OF A7TORNZY APPOINTING INDIVIDUAL ATrORNZY-IN-PACT Knew AN Ma Illy There Presents, The WESTERN SURSTY COMPANY, a South Dskote cerporstien, is a duty organized and existing eorparados having its principal office in the City of Sioux Fatter, and Ststs of Soudt Dakota, aril the it dos by virtue of the sipaturs and seal herein dRaed hereby make. Constitute and appoint Jeffrey W CeYipK James P Schibarum It, Janis Theodore, Jennifer L CO24 Gerrit E Brouwer, Indivlduilly of San Diep, CA, its we and lawful Attorttey(s}in-Feat with Ar11 power and authority hereby confbrmad to sign, sal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind A thereby as Cully and to the same extent Al If such instruments wore signed by a duly authorized officer or the corporation and aN the sea of safd Attomsy, pursuant b the authority hereby given, we hereby ratified and conRmsed This tower of Attorney Is made and executed pumuent to said by authority of the By-l&w printed on the reverse heracf. duly adopted, a Indicated, by the shareholders of the corporation. la Witness WksrsA WESTERN SURETY COMPANY has cauwd then presents to be signed by its Senior Vice President and its corporate seal to be hersto affixed an this 2nd day of September, 2010. WESTERN SURETY COMPANY +lot"eez Paid rinift Sersior Vise Presideret Stato of South Demons e1 County or Minnehahe on this 2nnd day of Sapternber, 2010, befbrs raw Ny cam Pent T. Brunet, ts rns known, who, being by ma duly swom did depasa end say, the he resides in the City of Sioux Fsk Slats or S&A Dskots; that he Is the Senior Via President of WESTERN SURETY COMPANY described in and which executed the above instrument that he knows the sal of add corporsticn; that Use seal affixed is the said Instrument is such caponts aW: that It Wee so affixd p insu aft so authority given by the Bcod of Dbsarose of said corporation and drl he signed Me name tllereb pursaarM .p like "horibr, and acknowledgm wow lobe the act end dead of said eorpnsrsdoe My commission apirm e000aaoo►ooa o. KREf.00�ao�a ELL November 30, 2012 ww Ih2IRA gOYTN OAXC rA eooaoa000ee0000a0000aara f 0, tcn11, Pubile CLRTIFiCATS 1, L. Nelson, Assistant Seututay of WESTERN SURETY COMPANY do hereby certify the the Power of Attorney heselnalmvt se lbrth Is still in force, and father certify that the OylAW of the eerporetan printed oar the reverse hereof la still in ram in testimony whereof I have hereunto subscribed my name and affixed the sal of the said corporation this 2 8 t h day of Ali> q1 . t , ? C) l 2 WESTERN SURETY COMPANY 77 4 Nelson. Assfetant Secretary Forth Fe2W0946 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On August 28, 2012 before mei J.E. Theodore , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Gerrit E. Brouwer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence. to be the person(t) whose name(s) islasp subscribed to the within instrument and acknowledged to me that heAl'a'e'/NDYey executed the same. in hisfttftoir authorized capacity(ies), and that by his/#iWAV)L=ir signature(t) on the instrument the person(s), or theentity 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 ha and official al. Signature Place Notary Seal Above Sig a of Notary ' u lic OPTIONAL Though the information below is not required by it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) .Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other.: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ' On I before me,�� Date Here Inse�me and Title of the Officer t u personally appeared u_a_'y - M 1 iwatJ Name(s) of Signer(s) CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person whose namere subscribed to the within instl'ument and acknowledged me tha he she/they executed the same in SHELLY aEAN IRIV11 S/her/their authorized capacit s), and that by her/their signatur } on the instrument the Commission # 1832001 c = �} Notary Public - California z perso�, or the entity upon behalf of which the Z orange county ' personj,' acted, executed the instrument. My Comm. Expires Jan 19, 2013 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. � iL Signature: Place Notary Seal Above j Sin i.4're of Notary Public OPTION)I L ( 41aisl Though the information below is not required by law, it may pro ae t e ns relying on the document and could prevent fraudulent removal and reattachmenform to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTaTHUMBP_RINT ,;OFSIGNER . Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual 0 011 ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. 58698680 Premium is Included in the Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred tows "City") has awarded to Metro Builders & Engineers Group, Ltd. - (name and address of Contractor) (hereinafter referred to as ".Principal"), a contract ("Contract') for the work described as follows: Algonquin Lift Station No 10 Replacement and Algonquin Force Main and Heil Force Main Replacement Project from Algonquin St. between Pearce Dr. and Sandra Lee Ln. and Heil Ave. Between. Saybrook Lane and Shorebird Drive - CC No. 1415 in the City oprojecitregn Beach 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 undersignedPrincipal, and Weslern Snre C'ompany 1455 Frazee Road Suite 801,,S2n Diego C:A 92109 (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 Two Million One Hundred Ninety Thousand Five Hundred Ten and No/100ths dollars, ($ 2 190 510,00------------------------ ), this amount being not less than one hundred percent.'(100%a) ofthe total price set forth in the Contract, in lawful money of the United States of America,. for the payment of which sum, well and truly to be made, we bind ourselves, and each of our Heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors,. administrators, successors or assigns;, or subcontractors shall fail to pay any of the :persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services usedorreasonably 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 perforrned 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. Thisbond 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 Germs 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 Page 1 of 2 PAYMENT BONA Bond No. 58698680 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, tat 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: August 28, 2012 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach.Attorney-in-Fact Certificate) Metro Builders & Engineers Group Ltd FA (Surety Name) Name: Gerrit E- - (Signature of Attorney -in- act for Surety) (619 ) 682-3507 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON:BEACH By, ifer M ��. ennrath S�t S/66 ity Attorney Note: This: bond must be executed in duplicate and dated, aA signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. PAYMENT BOND 2r7Sss.I Page 2 of 2 "T - POWER Of ATPORNZY AFFOINTINC INDIVIDUAL ATTORNEY-LN-FACIr Know AN Mae Ny Tiaaa Prom% The WESTERN SURM COMPANY, a Saudi DA ti corporsdai, is a duly orgatrixed end eaiatirtg cot don hevinN its principal office in the City *(Siam Fall, end Star of Saatar Dekor, and that it does by view of the signatunt eras mW hervi a allised hereby make, coneuluts end appoint Jeffrey W Ca ylpse, James P Scheb®rum I4 Js®Le Theodor#, Jennifer L Cos, Gerrit It Eronwer, I®dlyiduaidiy of San Dieda, CA, Its rise end lowhl Attontay{e}in-Poet with hill power and authority herby eonfbrrW to lip, Ml and exwugs fbr and an Its bshalf bonds, undertakings sired other oblip ary inatrurrnnts of eitrdlr none - In Unlimited Amounts and to bind n thereby es Nily end in the gents latent u if lush InsbtrnrgrrM were sired by a duly autharland officer of the carporstlan sad ell the Ko of said Attorney, pivant to 6es sutharity heteby given, we haeaby ratified and caafinesd. This Powr of AttorneyIs made and oxaeuiW isnuoant to and by sudwity of the Bydaty printed an the reverse hereof. duly adoptad. v indicatsdl, by The shareholders of the Corporation. In Whom WkersK WESTERN SURM COMPANY he caused 0=0 pregame to be sip W by Ila War Vice Prooldanl edged its corparsa and to ba hereto afiiasd on this 2nd day of Septambr, 2010. WESTERN SURETY COMPANY C) 20*4- hwloa P'reswom State of Sosdt Dahae County of Minnahaha On this Ltd day of Sspienrber. 2010, before nit issronWly cm Pend T. Brunet, to me knave. who, being by rtr duly sweat, did dew and Mr. that he moldes In the City of Slow Poll, Stella of South Dakaw. diet he Is the Solar Vice Prasideol of WESTERN SUREN COMPANY deaeribed In and which executed the above inoKanook thsa he know des east of MM oorporada; dot die Mel affixed to the said Insttu reswl Is Brach conK rsls sad; that It wo on aflixd pasumt in sudwro give by dte Byrd of Diromo of mid Cooperation god deaf he a rml Me name throes in like sudmriity. W eckssavriedlin Mitre lobe the set and dead of Mid mismadara My commiealon expires oo.aaw�oo.oee.om®we.o�m® M KRELL Novrar+br 30, 2012 Noun prim 90M DAKM Ov4��0001a0o04veaoOroO®s 0 CCRTIriCAT'E 1. L Nelson, Assietont Saretsry of WESTERN SURETY COMPANY do ha* c€suly that the Paw of Attorney harsinrrbave net Ibrth Is still in force, and &nhar cattq that tN ByLaw of tbs corgontlat printed on The mvene horror is still in forma In tatimany whet"(1 have hatunto subscribed my nerve and s0lasd the sell a the told corporatlon this+ 2 8 t h day of A t 9 t s t , 9 n i WESTERN SURETY COMPANY L Nebon, Assletwit Secretary Form 1242woo-W CALIFORNiA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On August 28, 2012 before me, J.E. Theodore , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Gerrit E. Brouwer Name(s) of Signer(s) n; Who proved to me lon.the basis of satisfactory evidence to be the person(§) whose name(s) is/aye subscribed to the Within instrument and acknowledged tome that he/i#Y&AWey executed the same in hismor/woir authorized capacity(ies), and that by his/W/fir signature(s) on the. instrument the person(s), 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 a lclal I. / Signatule G�G� Place Notary Seal Above Sig tur of Notary Public OPTIONAL Though the information below is not. required by law itmay.pprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Tltle(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Tltle(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Wkr pp�� ��gi 2 On U'EC- � before me, L Date Her Insert Name a, personally appearedi; P7SHELLY JEAN IRVINE Commission # 1832001 z a "-� Notary Public - California z z ' D z �. Orange County My Comm. Expires Jan 19, 2013 Place Notary Seal Above who proved to on the basis of�s tisfacto evidence to be the person) whose nameXi Ire subscribed to the in instrument and a&n dged to me that e/ a/they ecuted the a in er/their aut orized capacity.'' and that by is/ er/their signature on the instrument the person or the entity upo behalf of which the persor�(a cted, 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 hpigd qFild_official seal. / j OPTIONAL Though the information below is not required by law, it may prove valu'atf(e to persons rc/lying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee Top of thumbhere ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: 'RIGHTTHUMBPRINT ,,:OF'SIGNER ;r 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Council/Agency Meeting Held: 4�Q Deferred/Continued to: Appr ed ❑ Conditionally Approved ❑ Denied okjloCit lerk/Si'-gna#re Council Meeting Date: August 20, 2012 Department ID Number: PW 12-050 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve plans and specifications, award and authorize execution of a Construction Contract in the amount of $2,190,510 to Metro Builders & Engineers Group Ltd., for the Algonquin Lift Station #10, Sewer Lift Station Replacement Project, CC-1415 Statement of Issue: On July 26, 2012, bids were opened for the Algonquin Lift Station #10, Sewer Lift Station Replacement Project, CC-1415. Staff requests that the City Council award the contract to Metro Builders and Engineers Ltd., the lowest responsive and responsible bidder. Financial Impact: Funds for this project are available in the Sewer Fund, Sewer Lift Station Rehabilitation and Construction, Account No. 51189008.82600. Recommended Action: Motion to: A) Accept the lowest responsive and responsible bid submitted by Metro Builders and Engineers Ltd., in the amount of $2,190,510; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. xB -59- Item 6. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 8/20/2012 DEPARTMENT ID NUMBER: PW 12-047 Analysis: Sewer Lift Station No. 10, the Algonquin Station, was originally constructed in 1963, and was reconfigured with a deeper wet well in 1984. The concrete wet well in the station is deteriorated to a point where it is losing its structural integrity, as evidenced by the guide rail failure of one of the two station pumps. The lift station is in need of replacement. The project will abandon the lift station and two existing 8-inch force mains, and replace it with a new lift station immediately south of the existing facility. In addition, the project will replace the failed Heil Force Main. The Heil Force Main originates at the Saybrook Lift Station No. 22. The replacement of this force main allows the effluent from the Saybrook Lift Station to be diverted either to the east on Heil or to the south on Saybrook, thus increasing operational flexibility within the City's system of sanitary sewer lift stations and force mains. Bids were opened publicly on July 26, 2012, and are listed in ascending order: Bidding Contractor Submitted Bid Corrected Bid MMC Inc. $ 1,679,680.00 Correct as bid Metro Builders & Engineers Group Ltd. $ 2,190,510.00 Correct as bid Environmental Construction Inc. $ 2,231,922.50 Correct as bid Vido Artukovich & Son Inc $ 3,088,660.00 Correct as bid The apparent low bidder was MMC Inc. However, the bid was determined to be non responsive, since MMC Inc did not provide project history or references as required within the bid proposal. Subsequent to this determination, MMC Inc. requested withdrawal of their bid proposal. Therefore, staff recommends award of the construction contract to Metro Builders & Engineers Group Ltd. A check of references for Metro Builders and Engineers Ltd., have provided adequate responses. The total project costs including the bid value, the 10% construction contingency, and the supplemental expenses are $2,644,075. Public Works Commission Action: The Public Works Commission reviewed and approved CC 1415 on June 20, 2012 by a vote of 6-0-1 (Spencer absent). Environmental Status: The project consists of rehabilitation of existing City -owned facilities, with little or no expansion of an existing use. The project is, therefore, categorically exempt from CEQA per Article 19, Section 15301 Strategic Plan Goal: Improve the City's infrastructure Attachment(s): Item 6. - 2 HS -60- HB _61 - Item 6. - 3 fE SAYBROOK LIFT STATION #22 �+ZFORCE MAIN REPLACEMENT OS0 A 0 J 0 IC FA N Yo HEIL AVE 1s O = O EDINGER m (n F- Z Z Q t&] (n Z WARNM < Z W PROJECT LOCATION 0 sA 405 16729 ALGONQUIN STREET a PROJECT o T T $ HUNIINGTON BEACH, CA. LOCATION 9cyPEARCE ST LIFT STATION #10 ygg. REPLACEMENT YORKTOWN ; PACIFIC p4sr y BOARDWALK DR AnA►�s ALGONQUIN LIFT STATION #10 I1871ANAK JS FORCE MAIN REPLACEMENT A A I DAVENPORT DR H L N WARNER AVE OCEAN VICINITY MAP LOCATION MAP N.T.S. N.T.S. C.C. NO. 1415 ALGONQUIN LIFT STATION NO. 10 REPLACEMENT AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT Item 6. - 4 HB -62- 0 STATE OF CALIFORNIA) COUNTY OF ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; I. am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday, July 5, 2012 Thursday, July 19, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on August 8, 2012 at Los Angeles, California Signature SECTION A copies of the Plans, on the basis of race, • The contract shall al NOTICE INVITING SEALED Specifications, and con- tract documents color, national '•origin, low the Contractor 161 - BIDS • are available from the Office ancestry, sex, or reli- gion in any consider-' working days to com plete the contract.' , for the construction of of the Director of Public ation leading to the • The engineer's es ALGON®UION LIFT .Works, -2000 Main' Street, Huntington award of contract. No bid shall'be consid- timate of probable con struct_ion'cost for thi STATION NON RE- STATION T, AND 'AL'- PLACEMENT, LACEM Beach, CA 92648, upon of a $110.00- ered unless it, is pre- the work included in thi basis GONQUN FORCE (WAIN payment fee if pared on approved Proposal forms' in con-' of award is $1,300,000. IL FORCE MAINnonrefundable R E'P L A C E M•E N T picked up, or payment formance with the The AGENCY reserve: PROJECT of a $130.00 nonrefun- Instructions to Bidders the right to reject and CC No. 1415 dable fee if sent by UPS as determined by the or all bids, to waive an; in the in the ground delivery (bidder 'additional. AGENCY. The bid must irregularity and to tak' CITY OF HUNTINGTON shall pay be accompanied by a all bids under advise BEACH costs for special deliv- certified check, cash- ment for a maximun PUBLIC NOTICE IS ery)., ier's check,' or bidder's period of 60 days. .- HEREBY GIVEN that the GIVENthat Any contract entered in- 'bond made payable to BY ORDER of the CITI CITY OF HUNTINGTON to pursuant to this., no- the AGENCY for an COUNCIL of the CITY OF BEACH, BEACH, as AGENCY, in- tice will incorporate the amount no less than HUNTINGTON BEACH sealed bids-fo , viteabove provisions of the State 10% of the amount bid. CALIFORNIA, the 6ti stated projects Labor Code. Pursuant to The .successful bidder day of September'2011 and will receive such the provisions, of, the shall be licensed in ac- 'with by Resolution No ' bids in the office of the Labor Code of the State -cordance provi- 2011-68.. City Clerk, Second of, California, the, mini- sions of the Business Attest: Floor, 2000 Maiq Street, mum prevailing rate of and Professions Code Joan L. Flynr Huntington Beach, Cali- Hunts Per diem wages for each and shall possess a CITY CLERK OF THE CIT) 92648, up to the he craft, classification . or State Contr,actor's Li- OF,HUNTINGTON BEACF hour of 11;, AM type of workman needed cense Class A - at the Published H.B. Indepen. July July 20 2110 Bids will to execute the contract time of the bid opening. dent July 5, 12, 19, 2012 be publicly open in the theun, shall be those deter- The successful Contrac- Council Chambers mined by the, Director' of for and his • subcontrac- less otherwise Industrial Relations of tors will be required to' posted. the State of California, which-are on file at the possess business li- censes from the AGEN- Office of the Director of CY. Public Works, 2000 Main Project Description: Street, Huntington The project consists pri- Beach, CA 92648.. marily of the abandon - The AGENCY will deduct .ment and demolition of 5% retention from all an existing sewer lift progress payments. The station, installation of a Contractor may substi- new sanitary sewer lift tute an escrow holder station, installation of surety of equal value to an 8-inch sewer force the retention in'accor- main on Heil Avenue, dance with the provi- the installation of a 12, sions of the California inch sewer force main Government Code, Sec- on Algonquin Street, as- tion 4590. The,Contrac- phalt paving and remov- tor shall be beneficial al, restoration of exist - owner of the surety and ing public and, private, shall receive any, inter- improvements; and' re- est thereon. lated appurtenant work The AGENCY hereby af- not mentioned . above firmatively ensures that .but required in accor- minority business enter- with the Contract prises will be afforded _dance Documents. The Work is full opportunity to sub- located in Algonquin mit bids in response 'to Street and Heil Avenue this 'notice and will not in Huntington Beach, be discriminated against CA. �; * STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, an not a party to or interested in the notic published. I am a principal clerk of th HUNTINGTON BEAC INDEPENDENT, which was adjudged newspaper of general circulation o September 29, 1961, case A6214, an June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday, June 23, 2011 Thursday, June 30, 2011 Thursday, July 7, 2011 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on July 14, 2011 at Los Angeles, California Signa ure SEQION A NOTICE INVITING SEALED BIDS for the construction of ALGONQUION LIFT STATION NO.10 RE- PLACEMENT, AND AL= GONQUIN FORCE MAIN AND HEIL FORCE MAIN R E P L A C E M E N T PROJECT CC No. 1415 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as 'AGENCY; in- vites 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, Cali- fornia 92648, up to the hour of 11:00, AM on July 26, 2012. Bids will be publicly open in the Council Chambers un- less.otherwise posted. Copies of the Plans, Specifications, and con- tract documents are available from the Office of the Oirector, of Public Works, 2000 Main•, Street, Huntington Beach, CA 92648,- upon payment of a $110.00 nonrefundable fee if picked up, or payment of a $130.00 nonrefun- dable fee if sent, by UPS ground delivery (bidder shall . pay additional costs for special deliv- ery). Any contract entered in= to pursuant to this no- tice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State. of California, the mini- mum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those deter- mined by the Oirector of IndustrialRelations of the State of California, shall be licensed in ac- which are on fileat the cordance with provi- Office of the Director of sions of the Business Public'Works, 2000 Main and Professions Code Street, Huntington and shall possess ai Beach, CA 92648. State Contractor's 'Li-' The AGENCY will deduct cense Class 'A •at the) 5% retention from all-,__ _- _ —__ A progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in. accor- dance with the provi- sions of . the California Government Code, Sec- tion 4590. The Contrac- tor shall be beneficial owner of the surety and shall receive any inter- est thereon. The AGENCY hereby af- firmatively ensures that minority business enter- prises will be afforded full opportunity to sub- mit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or reli- gion in any consider- ation leading to the award of contract. No bid shall be consid- ered unless , it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined 'by the AGENCY. The bid mu'st be accompanied by, a certified check, cash- ier's_ check, -or bidder's bond made payable to ` the AGENCY for an' time of the bid opening.) amount no less than The successful 10% of the amount bid. contrac- for and his suquiredato The successful bidder tors will be required to ;;possess business li-j `--_- --- '-'�censes from the AGEN-, CY. Project Description: 'The project consists pri-� marily of the abandon-' and demolition of ,ment an existing sewer lift 'station, installation of a new sanitary sewer lift station, installation of an 8-inch sewer force) ,main on Heil Avenue, the installation of a 12 ,inch sewer force main] on Algonquin Street, as- phalt paving and remov- al, restoration of exist- ing public' and private improvements, and re- lated appurtenant work , not mentioned above but required in accor- dance with the Contract Oocuments. The Work is located in Algonquin Street and .Heil Avenue in Huntington Beach, 'CA i• The contract shall al- low the Contractor 160 ,working days to com- plete the contract. • The- engineer's es- timate of probable con- istruction cost for the work included in the, basis ,of award is $1,300,000. I The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days. . BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON -BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent July 5, 12, 19, 2012 SECTION A NOTICE INVITING SEALED BIDS for the construction of ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC No. 1415 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 11:00 AM on July 26, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $110.00 nonrefundable fee if picked up, or payment of a $130.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in A-t accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description: The project consists primarily of the abandonment and demolition of an existing sewer lift station, installation of a new sanitary sewer lift station, installation of an fl- inch sewer force main on Heil Avenue, the installation of a 12-inch sewer force main on Algonquin Street, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with the Contract Documents. The Work is located in Algonquin Street and Heil Avenue in Huntington Beach, CA. • The contract shall allow the Contractor 160 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is $1,300,000. 0 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011-68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 _ S'Gv'�:..`c`•a'Ys.,G� ' ^0�t%v¢5 ' �� aw. F'� I i'.5.����#� � ;ti� FAO C.M. �. �.�X� f • a printed b)r ._�? Ad #35083991 �—' (714) 536-5227 City Of Huntington Beach (Parent) PO Box 784 Huntington Beac, CA 92648 C000070479 City Of Huntington Beach -Clerk's O Rebecca Ross (714) 374-1557 Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of ALGONQUION LIFT STATION NO-10 RE- PLACEMENT, AND AL- GONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC No. 1415 in the CITY Of HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the st ated tated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 11:00 AM on July 26, 2012, Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $110.00 nonrefundable fee if picked up, or payment of a $130.00 nonre- fundable fee if sent by UPS ground delivery (bidder shall pay addi- tional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant 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 --- ad proof pg. 1 --- 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, Hun- tington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Con- tractor shall be benefi- cial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Profes- sions Code and shall possess a State Con- tractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Project Description:The project consists pri- marily of the abandon- ment and demolition of an existing sewer lift station, installation of a new sanitary sewer lift station, installation of an 8-inch sewer force main on Heil Avenue, the installation of a 12-inch sewer force main on Algonquin Street, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with the --- ad proof pg. 2 --- 5 ON OR Printed 0602 Patricia Gamino Jul2, 2012, 9:34 am tI®:tiele tBiaaea Salespe�n:o,�ARgeas'ae;S Phone: Ad 9 3508399 1 The Work is located in Algonquin Street and Heil Avenue in Hunting- ton Beach, CA. • The contract shall allow the Contractor 160 working days to com- plete the contract. • The engineer's esti- mate of probable con- struction cost for the work included in the basis of award is $1,300,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011- 68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent July 5, 12, 19, 2012 --- ad proof pg. 3 --- City of Huntington Beach 26-Jul-12 Bid Opening 11:00 AM CC 1415, Algonquin LS #10 Project Bidder Bid Amount Bid Amount Corrected AMBER STEEL COMPANY Bali Construction Blois Construction, Inc. Caliagua, Inc CCL Contracting, Inc. Charles King Company, Inc. Clarke Contracting Corp. Dahl, Taylor & Associates, Inc. E.J. Meyer Company Environmental Construction. 4 7 Excel Paving Co. Metro Builders & Engineers Group Ltd. D �- — Mike Bubalo Construction Co. mmc, inc. (7 �- Pacific Hydrotech Corp. Pascal & Ludwig S.S. Mechaical Corp. Sancon Engineering Inc STEEE BUBALO CONSTRUCTION COMPANY Vido Artukovich & Son Inc 3. 6W' ,)j 0 -�— Zusser Company, Inc 2� 12 JUI- 2 6 Ai-i I I : 0 0 CD CV CA CA 7, Tw %r7 a t rinted•by: 0602,PatriciB GaminoJul2,201ZO.34 Salesperson: 1i�7Q \tf., ■5���.�p� ila " Phone: Ad B 35083991 Ad Copy: SECTION A NOTICE INVITING SEALED BIDS for the construction of ALGONQUION LIFT STATION NO.10 RE- PLACEMENT, AND AL- GONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC No. 1415 in the CITY Of HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 11:00 AM on July 26, 2012. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $110.00 nonrefundable fee if picked up, or payment of a $130.00 nonre- fundable fee if sent by UPS ground delivery (bidder shall pay addi- tional costs for special delivery). Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pur- suant 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 --- ad proof pg.1 --- 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, Hun- tington Beach, CA 92648, The AGENCY will deduct 5% retention from all progress payments. The Contractor may substi- tute an escrow holder surety of equal value to the retention in accor- dance with the provi- sions of the California Government Code, Sec- tion 4590. The Con- tractor shall be benefi- cial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in re- sponse to this notice and will not be dis- criminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is pre- pared on the approved Proposal forms in con- formance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The suc- cessful bidder shall be licensed in accordance with provisions of the Business and Profes- sions Code and shall possess a State Con- tractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. Proloct Doscription:The project consists pri- marily of the abandon- ment and demolition of an existing sewer lift station, installation of a new sanitary sewer lift station, installation of an 8-inch sewer force main on Heil Avenue, the installation of a 12-inch sewer force main on Algonquin Street, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with the --- ad proof pg. 2 --- The Work is located in Algonquin Street and Heil Avenue in Hunting- ton Beach, CA. • The contract shall allow the Contractor 160 working days to com- plete the contract. • The engineer's esti- mate of probable con- struction cost for the work included in the basis of award is $1,300,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advise- ment for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of September 2011, by Resolution No. 2011- 68. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published H.B. Indepen- dent July 5, 12, 19, 2012 ad proof pg. 3 --- UNSUCCESSFUL BIDS CC-1415 Algonquin Lift Station City Of Huntington Beach 2000 Main Street e Huntington Beach, CA 92648 (714) 536-5227 o www.huntingtonbeachea.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 Environmental Construction, Inc. 21550 Oxnard St., Ste. 1050 Woodland Hills, CA 91367 RE: Algonquin Lift Station — CC-1415 Enclosed please find your original bid bond for CC-1415. Sincerely, J F: pe enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ��tsltV�.M& Nt� I D-,,uU - 21556 LW,ns:�A e*, L.Ac WSO um&kkA wdjs,Wa►3v1 :S�b-kj N D kXL). �qks mools) N v M� 12 i� f SECTION C � for the construction of ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT from ALGONQUIN ST. BETWEEN PEARCE DR. AND SANDRA LEE LN. AND HEIL AVE. BETWEEN SAYBROOK LN. AND SHOREBIRD DR. CC No. 1415 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 160 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the -AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the a regate 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 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 1 1 Mobilization LS 2 1 Installation of Sheeting Shoring and Bracing LS $ d��� $ 3 1 Removal of Sheeting Shoring and Bracing LS $ Bd ®_ $��L� 4 1 Demolition and abandonment of Existing Facilities on LS Algonquin St. and Heil Av. $�Z,5� $ jUtoQ 5 1 Provision of By -Pass Pumping LS $ 35 ----- $� 6 1 Lift Station Structure Construction LS $ $.��`��. 7 5 Sanitary Sewer Manhole EA $1�_ $� g 2 Rehabilitation and Relining of Existing Manhole EA $ � $ _— C-2.1 SECTION C Project Bid Schedule CC 1415 Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 9 67 8-inch VCP Sanitary Sewer LF $ 45Z ---- $1� x� 10 1 72-inch Diameter Concrete Meter Vault LS $ $�_ 11 100 18-inch VCP Sanitary Sewer LF $ -�---- $ Poo _ 12 82 12-inch PVC 900 Force Main LF $ ° __ $ JgLl-o 13 28 6-inch PVC C900 Force Main LF $ 2st 14 2 Wet Pit Submersible Pumps EA $ 5-7 -a $ S ON) 0 15 1 Spare Wet Pit Submersible Pump EA $ _114 B9��oo ®&0 $ 16 1 Piping Within and Between the Wetwell, the Valve Vault, LS and the Meter Vault $ lZoi I $ � �d C-2.2 SECTION C Proiect Rid Schedule CC 141 _i Item Estimated Bid Item Extended No. Quantity Description Unit Price Amount 17 780 6-inch DIP Force Main LF $ $ YLlwQ 18 1136 12-inch DIP Force Main LF $ —�---- $ 19 76 Concrete Curb and Gutter LF $---��—®-- $ ------ 20 15100 0.17' Grind and 0.17' Overlay SF $ -- `��-- $ —r 21 100 Furnish and Install Asphalt Paving TONS $ _ z=:? — $ C � 22 200 Furnish and Install Aggregate Base Course TONS $ ------ $ 23 1 Electrical Panels LS $ ® �� $ 145,No � 24 1 Remote Terminal Unit (Multitrode) LS $ $ _a 35-9 C-2.3 SECTION C Proiect Rid Schedule CC 1415 Item Estimated Bid Item Extended No. Quantit Description Unit Price Amount 25 1 Street Striping Improvements LS 1''/` $ .2�.jo $�*1' S16 26 1 Furnish and Install Flow Meter LS $ e — $ It 27 1 Provision and Implementation of Storm Water Pollution LS Prevention Plan ,6(DU SCO 28 1 Provision and implementation of traffic Control Plan Ls (TCP) $ 29 1 Ground Water Dewatering and Settlement Monitoring Ls $ 7_ o v $ 7 30 1 Protection of Existing Utilities LS $ —1-wo — $ —1—v--C7--- 31 1 Bonds (Payment and Performance) LS $ A ff-PQ_ $ 01, 6 32 1 12-inch Water Relocation LS $ $ C-2.4 Addendum #1 SECTION C Project Bid Schedule CC 1415 Item No. Estimated QuantityUnit Bid Item Description Price Extended Amount 33 5 Installation of Handicap Ramp EA 34 950 Installation of 12-inch thick Pipe Foundation LF (�c� $ Sub -Total, Amount for Bid Items, in words and in numbers: } All extensions of ur�trices will be subject to verification by the Agency. In a case of verification between the unit price and the extension, the unit price will govern. C-2.5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of Ca V fornia that t e foregoing is true and correct and that this declaration is executed on >'?J>at , Date City State be- i first duly swo de o s and says that he or sho-is of efAm e party making the foregoing bid that the bid is not made in the interest of, or on the beha 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 _ i • • " �4 4,ddressof i • • " C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC 1415, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-5 M7010m M"rIL Contractor I 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 If the answer is yes, explain the circumstances in the space provided. C-6 Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever received a citation of any kind from any of the State of California's nine Regional Water Quality Control Boards? ❑ Yes 1- LV o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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. Date: 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. Contractor J Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 1a l&� A. Bidder Name 7zsp uupkd'b�' % 6,16so Business Address ,,���1� �► �1l i�J quhLol City, State Zip Telephone Num er Stak Contractor' License No. and Class Original Date Issued k® —6L— k-b6 Expiration Date The work site was inspected by of our office on , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company N,1me Printed or Typed Signature Subscribed and sworn to before me this Z day of C, 201 X . BEVERLY PARKS �. Commission # 1806841 NOTARY PUBLIC Notary Public - California Z Z �,'O . s 1 .... A...._i-- n_.._... > Comm. Expires J46VSEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer lift stations of similar size, project work within an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. 11AhtaA L.A. IMAWeki NavA aQ Address of Public Agency C ,c!F\ Name and Telephone No. of Project Manager: � A &-I— low Contract Amount Type of Work Date Completed C-10 2. Na ark Addk&ss of Public Agency ' If I cc, Name and Telephone No. of Project Manager: Wt�LU"tI Ii4l iLLAQ 1-D ` N Contract Amount Type of Work Date Completed Provide project description: Name and Address of Public Agency % Name and Telephone No. of Project Manager: �Q Contract Amount Type of Work Date Completed C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. 2. Name of proposed Project ManageV Telephone No. of proposed Project Manager: 4- Project Name & Contract Amount TA of Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work Name of proposed Super tendent Telephone No. of proposed Superintendent: Project Name & Contract Amount Type 5f Work Project Name & Contract Amount Type of Work Project Name & Contract Amount Type of Work C-12 Date Completed Date Completed Date Completed Date Completed Date Completed Date Completed THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bond No. N/A KNOW ALL MEN BY THESE PRESENTS, that we Environmental Construction, Inc. 21550 Oxnard St., Ste. 1050 Woodland Hills, CA 91367 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Vigilant Insurance Company a corporation duly organized under the laws of the State of NEW YORK bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 as Surety, hereinafter called the Surety, are held and firmly (Here insert full name ,and address or legal title of Owner) as. Obligee, hereinafter called the Obligee, in the sum of (10%) Ten percent of the attached bid amount ( 10% of bid amount ) 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 Algonquion Lift Station No. 10 Replacement, and Algonquin Force Main and Heil Force Main Replacement Project (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed ar uL sealed on July 18, 2012 Environmental Construction Inc. (Princ' (Seal) (Witness 4gqnt Insurance Company 1� ��. Q��4� -, (Witness) Vanessa Copela d (Title) St6r) anie (Seal) AIA DOCUMENT A310 BID BOND ALA 9) FEBRUARY 1970 ED THE.AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. , Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County,,,of Orange On '2 before me, Irene Luong, Notary Public D to Here Insert Name and Title of the Officer personally appeared Stephanie Hoang Name(s) of Signer(s) x 4%. CammisSi, rl �r� i883338 '> C1aFh Oil 51ir, - �2G Cflf2 5 s ? nr n g. r 'lty Place Notary Seal Above who proved to me on .the basis of satisfactory evidence to be the person(.&) whose names) is/aFe subscribed to the within instrument and acknowledged to me, that +ie/she/that' executed the same in tits/her/their authorized capacity(ies), and that by Eiis/her/their sighature(i�) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF: PERJURY under the. laws of the State of Califor ' that the foregoing paragraph is true. and correct. Witness y ha dqPublic seal'. Signature Sign . re of NoOPTIONAL 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: Dater Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Hoang ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner—.❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C GCSC C'^C.—CG<CfiCCf,'tiC>C, `<�>"�`L_` 0 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NafionalNofary.org Item #5907 Reorder: Call Toll-Free-1-800-876-6827 icChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Shawn Blume, Eric Lowey, Stephanie Hoang and Mark Richardson of Costa Mesa, California ----------- -------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 26th day of August, 2011. 4414 r Kenneth . en I, Assistant Secretary David orris, Jr., Vice Presid STATE OF NEW JERSEY ss. County of Somerset On this 26th day of August, 2010 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR Q•�NE J. qdF NOTARY PUBLIC OF NEW JFRSFI 110TARy No. 2316685 011. 11 `o— Commi®Iaion E iru July 14, 2014 `V'�� Notary Public PUBLIC JERg� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature.of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relafing thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinoes.of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seels of said Companies at Warren, NJ this 18th day of July 2012 MbiANP' •tiN NEW YbR� Kenneth C. Wen, el, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For ALGONQUIN LIFT STATION NO. 10 REPLACEMENT, AND ALQONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT July 17, 2012 Notice to All Bidders: 1. The following portion of the Specification, Section 01025.1.27, shall be removed: 1.27 RESTORATION OF EXISTING SURFACE AND SUBSURFACE IMPROVEMENTS (BID ITEM NO. 25) LUMP SUM A. No measurement shall be made for this Item. B. Payment for restoring all underground and aboveground existing improvements, including landscaping and irrigation on adjacent private property, as shown on the Drawings and as found prior to construction will be made at the lump sum price named in the Bid Schedule under Item No. 25. 2. The following shall be added to Specification, Section 01025.1.27 to replace the deleted text: 1.27 STREET STRIPING IMPROVEMENTS BID ITEM NO. 25) LUMP SUM A. No measurement shall be made for this Item. B. Payment for restoring existing street striping and installation of new street striping improvements as shown on the Drawings and as found prior to construction will be made at the lump sum price named in the Bid Schedule under Item No. 25. 3. Remove sheet C-2.4 from the project bid schedule and replace it with sheet C-2.4 Addendum #1. Sheet C-2.4 Addendum #1 is included herein. 1 of 3 City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536=5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk October 24, 2012 MMC, Inc. 5901 Fresca Dr. La Palma, CA 90623 RE: Algonquin Lift Station — CC-1415 Enclosed please find your original bid bond for CC-1415. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand NIMCI Inc. 5901 Fresca Dr. La Pa mac, CA 90623 41-60VOU(Or) Ll-F--r ---3rn--rloo /?/O'/o ' I�LC - OP -�' rp at fo 4- 4e7lL- 4-4-- e.e- 1416-� 'Do 1% 7 A (),00 c, L- C -A SECTION C PROPOSAL for the construction of ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT from ALGONQUIN ST. BETWEEN PEARCE DR. AND SANDRA LEE LN. AND HEIL AVE. BETWEEN SAYBROOK LN. AND SHOREBIRD DR. CC No. 1415 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 160 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter. into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 0 Accompanying this proposal of bid, find 3 t c( 3 in the amount of $ ( 6 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 �t `7-7 2-P12- -� C-2 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended No. QuantityUnit Description Price Amount 1 1 Mobilization LS $ '101000 $ 14 000 2 1 Installation of Sheeting Shoring and Bracing LS $ .-G o-bry $ 3 1 Removal of Sheeting Shoring and Bracing LS $ ('� az,C) $ jj &V-b 4 1 Demolition and abandonment of Existing Facilities on Algonquin St. and Heil Av. $ .1�'-7000 $ 19f pp LS 5 1 Provision of By -Pass Pumping LS $ � $ 94,517e 6 1 Lift Station Structure Construction LS $��- $ i19.� Sanitary Sewer Manhole EA $ 181 SUO $ 01 S7010 g 2 Rehabilitation and Relining of Existing Manhole EA $ CDC) $ 101000 C-2.1 4RIGMINTO Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended Description No. Quantity Unit Price Amount g 67 8-inch VCP Sanitary Sewer LF $ 150 $ l©i-85a 10 1 2-inch Diameter Concrete Meter Vault 10,500 113(SOO LS $ $ 11 100 18-inch VCP Sanitary Sewer LF $ 2.00 $ 2of 000 12 82 12-inch PVC 900 Force Main 150 M 300 LF $ $ 13 28 -inch PVC C900 Force Main LF $ 150 $ Lf,2-00 14 2 Wet Pit Submersible Pumps EA $s-t* $ ls� 15 1 Spare Wet Pit Submersible Pump EA $ $ 16 1 Piping Within and Between the Wetwell, the Valve Vault, LS and the Meter Vault $� [ $ C-2.2 SECTION C Project Bid Schedule CC 1415 Item Estimated Bid Item Extended No. QuantityDescription Unit Price Amount 17 780 -inch DIP Force Main LF $ 120 $ q3, (ooa 18 1136 12-inch DIP Force Main LF $ ISO $ 1701 Lf 00 19 76 Concrete Curb and Gutter LF $ too $ e71 (000 20 15100 .17' Grind and 0.17' Overlay SF $ $ �2a 6S2) 21 100 Furnish and Install Asphalt Paving TONS $ IS7(2, $ov-v 22 200 Furnish and Install Aggregate Base Course TONS $o $� 23 1 Electrical Panels Ls $ 3 ta $ 24 1 Remote Terminal Unit (Multitrode) s $ is 0-M $ 1��rvti C-2.3 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended No. QuantityUnit Description Price Amount 25 1 Street Striping Improvements LS $ W1,150 $ 26 1 Furnish and Install Flow Meter LS $ 9,QZ 0 $ q,q 20 27 1 Provision and Implementation of Storm Water Pollution Ls Prevention Plan $ t 5,-76n $ 15,i6o 28 1 Provision and implementation of traffic Control Plan LS (TCP) $ 60,900 $ (0 f 29 1 Ground Water Dewatering and Settlement Monitoring LS $ �,g5n $ 30 1 Protection of Existing Utilities 101g00 10,g00 LS $ $ 31 1 Bonds (Payment and Performance) Ls $ -2.. q, onv $ 2 q, 000 32 1 12-inch Water Relocation LS $ Z(01 1 bd $ -2—Co, f VV C-2.4 Addendum #1 SECTION C Proiect Bid Schedule CC 1415 Item Estimated Bid Item Extended Description No. Quantity Unit Price Amoun 25 1 Restoration of Existing Surface and Subsurface Improvements LS $ $ 26 1 Furnish and Install Flow Meter LS $ $ 27 1 Provision and Implementation of Storm Water Pollution Prevention Plan LS1 z $ 28 1 Provision and implementation of traffic Control PI (TCP) LS $ $ 29 1 Ground Water Dewatering and Settle nt Monitoring LS $ $ 30 1 Protection of Existing Utiliti LS $ $ 31 1 Bonds (Paymen nd Performance) LS $ $ 32 1 12= ch Water Relocation LS $ $ C-2.4 SECTION C Project Bid Schedule CC 1415 Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 33 5 Installation of Handicap Ramp EA $ 2 5t 0011) �tf�p0 34 950 Installation of 12-inch thick Pipe Foundation 34— 28.500 LF 30 $ Sub -Total, mount for Bid Items, in words and in numbers: All extensions of unit prices will be subject to verification by the Agency. In a case of verification between the unit price and the extension, the unit price will govern. C-2.5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Item(s) Name and Address of Subcontractor State License Number Class Dollar Amount % of Contract Zt�a so`��. S .,•�, fr �, boy c , 379Ro PC,''"� S' � Iss f � Ra.%o--r, 4V`(�-. �V f �V�U /w By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ? a& la,.at L a- Pa-IrnA- U7 Date City State JA,4 611 • S • M C—H 7--A , being first duly sworn, deposes and s..��a..�''ss� that he or she is pitmpdcm t of MgtiT* E if c® - `party making the foregoing bid that the bid is not made in the interes o , or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. o l rn ::7h e_. Name of Bidder -Uo Signat e f idder .s 01 � ScA �fZ, �a �a/rrta� G4L 906a3 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC 1415, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-5 Contractor By P aesic%n-� Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ONo If the answer is yes, explain the circumstances in the space provided. C-6 Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever received a citation of any kind from any of the State of California's nine Regional Water Quality Control Boards? ❑ Yes O-N-o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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:/a- C-8 a) Yn n e_- Contractor By PAES, deA+ Title BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 6-�o I F-R PSCA b 21 Business Address )--a Pa4t-A- co� f 0&.�3 City, State Zip Telephone Number 5-73635 4, 8, G/t, c - 6 t A ai State Contractor's License No. and Class lgg0. Original Date Issued 7%I.-20, Expiration Date The work site was inspected by j hgFFl• S 2012 of our office on 7� �) , The following are persons, firms, and corporations having a principal interest in this proposal: C-9 AEGIS SECURITY INSURANCE COMPANY BOND NO.: MMCIN-421 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, MEHTA MECHANICAL COMPANY, INC., DBA MMC INC., (hereinafter called the Principal), and AEGIS SECURITY INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of PENNSYLVANIA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee). in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for ALGONQUIN LIFT STATION NO 10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT FROM ALGONQUIN STREET BETWEEN PEARCE DRIVE AND SANDRA LEE LANE AND HEIL AVENUE BETWEEN SAYBROOK LANE AND SHOREBIRD DRIVE CC NO. 1415, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 24TH day of JULY, 2012, BY: BY: MEHTA MECHANICAL COMPANY, INC., DBA MMC INC. wiaLTnew K. uooyns, Attorney -in -Fact Power Certificate No. CA 106 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT AEGIS SECURITY INSURANCE COMPANY does hereby make, constitute and appoint: RANDY SPOHN AND MATTHEW R. DOBYNS its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf surety bonds, undertaking and other instruments of similar nature as follows: $2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved, That the President, any Vice President, the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney -in -Factor under other appropriate titles with authority to execute on behalf of the Company, fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal or facsimile thereof may by imposed or fixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." "Resolved, That the signature of each of the following officers; President, Vice President, any Assistant Vice President, any Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for the purpose only of executing and attesting bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 251h day of January, 2012. Commonwealth of Pennsylvania } ) s.s.: Harrisburg County of Dauphin } AEGIS SECURITY INSURANCE COMPANY BY: \�,� tNSIJ�q DARLEEN J. FRITZ w 1977 President .vata s7 On this 25`h day of January, 2012, before me personally came Darleen J. Fritz to me known, who being by me duly sworn, did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY, the corporation described herein and which executed the above instrument; that she knows the seal of the 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. REBECCA LIDDICK Notary Public My Commission Expires July 25, 2013 I, the undersigned, Assistant Secretary of AEGIS SECURITY INSURANCE COMPANY, a Pennsylvania corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been rkvoked: and fiarthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Harrisburg, in the Commonwealth of Pennsylvania, dated this 24t-bday of July, 20 12. �N \NS1�g4y �gppRATE ccn DEBORAH A. GOOD N 19`�7 s� °�?nvsnvA+�* a� Secretary ,� d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE -11 On before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS , ® who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/sire/#+ey executed the same in his/#er/ authorized capacity (yes), and that by his/+eF/theif signature{ on the instrument the person{s), or the entity upon behalf of which the persons) acted, executed the instrument. _ ERIKA GUIDO COMM. # 1843731 NOTARY PUBLIC CAUFORNIA ®.v^ ORANGE COUNTY My comm. expires May 5, 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS,mv hand -and official seal. of (Votary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clem Joan L. Flynn, City Clerk October 24, 2012 Vidmar, Inc. 11155 Rush St. So. El Monte, CA 91733 RE: Algonquin Lift Station — CC-1415 Enclosed please find your original bid bond for CC-1415. Sincerely, JF:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand f ffl ? 6 City of Huntington Beach 2000 Main Street dF:�: Huntington Beach, CA I 3 A n Z 1' C. N" .f SECTION C PROPOSAL for the construction of ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT from ALGONQUIN ST. BETWEEN PEARCE DR. AND SANDRA LEE LN. AND HEIL AVE. BETWEEN SAYBROOK LN. AND SHOREBIRD DR. CC No. 1415 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 160 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 d' 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. Bidders Accompanying this proposal of bid, find Bond in the amount of $ 10 % which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting 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 All C-2 SECTION C Proiect Bid Schedule CC 1415 Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 1 1 LS Mobilization $ 171P11000= $ 1� °Q= 2 1 LS Installation of Sheeting Shoring and Bracing $ 7r;;,�0040, $ -1� oo. 3 1 LS Removal of Sheeting Shoring and Bracing $ 'Jo�000� $ o poo. 4 1 LS Demolition and abandonment of Existing Facilities on Igonquin St. and Heil Av. $ I Ste` $ So 000 5 1 LS Provision of By -Pass Pumping $ 11 oco .' $ -75o oo._ 6 1 LS Lift Station Structure Construction $goo®. $ 7 5 EA Sanitary Sewer Manhole $ g 2 EA Rehabilitation and Relining of Existing Manhole $ �ooQ. $ 10�000. C-2.1 SECTION C Proiect Bid Schedule CC 1415 Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 9 67 LF 8-inch VCP Sanitary Sewer $ 9QQ . $ Ste I $oo . 10 1 LS 72-inch Diameter Concrete Meter Vault $ 20_ PT $ tot000. 11 100 LF 18-inch VCP Sanitary Sewer $ 100 . $ ito_ 12 82 LF 12-inch PVC 900 Force Main $ $ �{t'— 13 28 LF 6-inch PVC C900 Force Main $ 30o. — $ Si 000. 14 2 EA Wet Pit Submersible Pumps $ �OD�000 . $ 15 1 EA Spare Wet Pit Submersible Pump $ Ooo>O Co. $ � Do i 000. 16 1 LS Piping Within and Between the Wetwell, the Valve Vault, and the Meter Vault C-2.2 SECTION C Proiect Bid Schedule CC 1415 Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 17 780 LF -inch DIP Force Main I $ $ 1 t. 18 1136 12-inch DIP Force Main 19 76 LF Concrete Curb and Gutter $ i'QO _ $ 20 15100 SF 0.17' Grind and 0.17' Overlay $ 2 . ' $ 3oT2oc . 21 100 TONS Furnish and Install Asphalt Paving $ $ 22 200 TONS Furnish and Install Aggregate Base Course $ gD. $ 23 1 LS Electrical Panels $ 100;P00. $ 100,000. 24 1 LS Remote Terminal Unit (Multitrode) $ �jo�0f)0.� $ C-2.3 SECTION C Proiect Rid Schedule CC 1415 Item No. Estimated Quantity Bid Item Description Unit Price Extended Amount 25 1 LS Street Striping Improvements $ 11511000. _ $ 26 1 LS Furnish and Install Flow Meter $ 15#000. ~ $ 1 �� coo. 27 1 LS Provision and Implementation of Storm Water Pollution Prevention Plan $ 1 r-✓`000. $ 28 1 LS Provision and implementation of traffic Control Plan (TCP) $ NOVO. — $ 3 5 moo . 29 1 LS Ground Water Dewatering and Settlement Monitoring $ kGo to 00. $ k oo Soo 30 1 LS Protection of Existing Utilities $ lo,oco .' $ 101000 31 1 LS Bonds (Payment and Performance) $ �I_ P,000 . $ 4o�oo0 32 1 LS 12-inch Water Relocation $ 2V, oo. $ moo. C-2.4 Addendum #1 SECTION C Project Bid Schedule CC 1415 Item Estimated Bid Item Extended Description No. Quantity Unit Price Amount 33 5 Installation of Handicap Ramp 33 EA 1000. $ 3 P�o. _ 34 950 Installation of 12-inch thick Pipe Foundation 34 LF $ �-�- 2Q . Sub -Total, Amount for Bid Items, in words and in numbers: T�2.� tit � l i , e=,.. � �-ry �, se-�-►� -�9-u � � � , �► u tikt-: � � �� I U o0 ACT o leis anc7 No rrs P LeLeO. All extensions of unit prices will be subject to verification by the Agency. In a case of verification between the unit price and the extension, the unit price will govern. C-2.5 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor State Class', Dollar % of , , Items) License Amount Contract Number L � IS . t•tato'] 3-14I0a(P �eItWX(_V_ C qr) e.1-�, Lcr"r,w C 2RLOI% -A 2►'� t S. C_ �d_VVU tie-�Ar1e. ,CA . 9►-i4 l C✓�coo, 2224 t t�p�iL-lt"rs.-�. r� c7 �.�L4r►-� -T�- 2a� C- . C._x- S �.o . �t4nt,c�� Z4552,g �l�jo�Qoo,' o► �� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 a NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SlUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on7/26/1,2at So. E1 Monte ,California Date City State Vido Artukovich 'be irst d worn e os and s that he or she is o Arskovi�on,i'c.7-" Managing Partner of Vidmar, Inc. A JV t e 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. Vido Artukovich & Son, Inc./ Vidmar, Inc. A JV Name of Bidder Si.gnature of Bidder Vido Artukovich, Managing Partner 11155 Rush Street So. El Monte, CA 91733 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITE' COUNCIL. CITE' 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 ALGONQUION LIFT STATION NO.10 REPLACEMENT, AND ALGONQUIN FORCE MAIN AND HEIL FORCE MAIN REPLACEMENT PROJECT CC 1415, (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 26, 2012 Vido Artukovich & Son, Inc./ Vidmar, Inc. A JV Contractor Managing Partner Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes n No If the answer is yes, explain the circumstances in the space provided. C-6 Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever received a citation of any kind from any of the State of California's nine Regional Water Quality Control Boards? ® Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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: Julv 26. 2012 Vido Artukovich & Son, Inc. Vidmar, Inc. A JV Contractor ByVido Artukovich Managing Partner Title C-8 BIDDER certifies that the following information is true and correct: Vido Artukovich & Son, Inc./Vidmar, Inc. A JV Bidder Name 11155 Rush Street Business Address So. E1 Monte, CA 91733 City, State Zip ( 626) 444-4286 Telephone Number 726231 A State Contractor's License No. and Class 8/14/1996 Original Date Issued 8/31/12 Expiration Date The work site was inspected by Paul Maj ich of our office on 7 / 13 / 12 , 201_. The following are persons, firms, and corporations having a principal interest in this proposal: Vido krtukovich - Managing Partner Mark Artukovich - Managing Partner A.P. Artukovich - Managinq Partner C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with.the plans and specifications set forth. Vido Artukovich & Son, Inc./Vidmar Inc. A JV Company Name Signature of Bidder Vido Artukovich Printed or Typed Signature Subscribed and sworn to before me this 26 day of July , 2012 NOTARY PUBLIC NOTARY SEAL Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of sanitary sewer lift stations of similar size, project work within an area containing high ground water and pipeline construction in high ground water regions with trench depths of 8-feet to the invert. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: SEE ATTACHED RECENT COMPLETED PROJECTS 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide project description: C-10 Recent Completed Projects South Coast Water District — Owner/Engineer 31592 West Street, Laguna Beach, CA 92651 Marissa Potter 949 248-2099 Camino Capistrano at Via Canon Water Main Replacement and JTM Reach 7 Via Canon Relocation Furnish and install 2,0651f 30"CML&C water main, 2801f 10" PVC C900 water main w/tie ins, valves and appurtenance $1,057,557 Completed 1/11 - 110 work days Irvine Ranch Water District — Owner/Engineer 15600 Sand Canyon Rd. Irvine, CA 92618 Kelly Lew 949 453-5549 Bake Parkway Recycled Water Pipeline, Los Alisos Water Reclamation Plant Influent Sewer Improvement, Irvine Desalter Project Brine Line from Bake Parkway to Los Alisos Water Reclamation Plant Furnish and install 5,0331f 12" C900 PVC, 5,0451f 24" CML&C, 7321f 12" steel water, 331 If 27" VCP sewer, 2751f 36" VCP sewer with all appurtenances and two Cal Trans bridge crossings Original $5,796,400/Final $7,589,608 Change orders directed by Owner Completed 2/08 — 627 work days Yorba Linda Water District — Owner 1717 Miraloma Avenue, Placentia, CA Ken Vecchiarelli 714 777-9593 Tetra Tech, Inca— Engineer 16241 Laguna Canyon Rd, Irvine, CA Steve Agor 949 585-1209 C.I. replacements, S&S Sewer Improvement and Vista Loma Sewer Realignment Furnish and install 10,000If 12"-8" PVC water main and 3,9501f 12"-8" VCP sewer with all appurtenances Original $3,585,956/Final $4,078,000 Extra work directed by Owner Completed 5/06 — 290 work days Yorba Linda Water District — Owner 4622 Plumosa Ave., Yorba Linda, CA Ken Vecchiarell 714 701-3100 RBF Engineering — Engineer 14725 Alton Parkway, Irvine, CA Randy Lovan 949 472-3505 Zone 2 Transmission Pipeline Furnish and install 9,3651f 30" CML&C with all appurtenances. $3,011,177 — complete 3/04 I State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 26th day of July, 2012 by Vido Artukovich, proved to me on the basis of satisfactory evidence to be the person who appeared before me. � Q�jCoqmExej HAROtd ARTUKOVICH� �-COMM. #19C40720 (Se w Notary PubRaCalHomia LOSANGELES COUNTYSignature Y 1 201 State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 26th day of July, 2012 by Vido Artukovich, proved to me on the basis of satisfactory evidence to be the person who appeared before me. �. SHAARTUKOVUCHt (Seal) r COMM. #194072020 Si na W Notary PuW-Calffomia 9 LOS ANGELES oouNTv Comm. Ex . JULY 1, 2015 Contracts In Progress City of Glendale, Department of Water and Power — Owner 141 N. Glendale Avenue, Level 4, Glendale, CA Kevin Runzer 818 551-6910 Deiderich Reservoir Back -Up Pipeline Project Furnish and install 2,4001f 24" and 30" potable water main with all appurtenances and connect to Deiderich Reservoir $4,751,400 — In progress to be complete 6/12 West Basin Municipal Water District 17140 S. Avalon Blvd., #210, Carson, CA 90746 Veronica Govea 310 660-6269 NRG Pipeline Furnish and install 7,4241f 10" PVC and connect to existing 12" PVC with all appurtenance $2,279,038 — In progress to be complete 12/12 City of Santa Fe Springs 11710 Telegraph Rd., Santa Fe Springs, CA 90670 Frank Beach 562 868-0511 1-5 Water Main Relocation for Carmenita Road Segment $4,114,850 — In progress to be complete 10/12 City of Los Angeles, Department of Public Works 1149 S. Broadway, Suite 700, Los Angeles, CA 90015 Jon Haskett, 213 485-5864 Emergency Sewer Repair at various locations in the City of Los Angeles 5' — 30' deep, 6" — 48" lie sewer repair and replacement Ongoing annual contract 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide project description: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide project description: C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Vido Artukovich Name of proposed Project Manager Telephone No. of proposed Project Manager: 626 444-4286 $4,751,000 Deiderich Reservoir Back -Up Pipeline Project Furnish and install 2;4001f 24" and 30" water 6/12 Project Name & Contract Amount Type of Work Date Completed $1,057,000 Camino Capistrano at Via Canon Water Main 2/11 'roj ct ame Contract Amount Type of Work Date Completed Furnish and install 2,065N 30" CML&C $3,585,956 C.f. Replacements, S&S Sewer Improvement 5/06 Project Name & Contract Amount Type of Work Date Completed Furnish and install 10,0001f 12"-8" water main 2. George Artukovich Name of proposed Superintendent Telephone No. of proposed Superintendent: 626 444-4286 $4,751,000 Diederich Reservoir Back -Up Pipeline Project 6/12 F rnis�- d inert-a11 2,400Lf 24" and 30" water ma; Project Name & Contract Amount Type of Work Date Completed $1,057,000 Camino Capistrano at Via Canon Water Main 2/11 Project Name & Contract Amount Type of Work Date Completed $3,585,956 C.I. Replacements, S&S Sewer Improvement 5/06 Pr'&ct m ae Contract Amount ype of Work Date Completed C-12 Document A310 TM ® 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: ( imie, legal statics grid (iddres ) Vido Artukovich & Son Inc/Vidmar Inc a JV 11155 Rush Street South El Monte, 91733 OWNER: (Xame, legal status acid address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SURETY: (M nre, legal stafus mid principal place r f hif roes j Fidelity and Deposit Company of Maryland 1400 American Lane, Tower I, 18th Floor Schaumburg, IL 60196-1056 Mailing Address for Notices 1400 American Lane, Tower I, 18th Floor Schaumburg, IL 60196-1056 BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Name, location or address. and Project number.. if ant% This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Cwrner or other party shall be considered plural where applicable. Algonquin Lift Station No. 10 Replacement and Algonquin Force Main & Heil Force Main Replacement CC No. 1415 The Contractor and Surcty arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of thus Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid doctimcnts, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the 0%wier, for the faithfid performuance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party, to perliomm the work: covered by said bid, then this obligaliou shall) be null and void, otherwise to remain in rail liorce and ellect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiveroh'notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time Ibr acceptance of bids specified in the bid documents; and the Owner and Contractor shall obtain the Surety's consent lbr an extension beyond sixty (60) days. If this Bond is issued in connection with n subcontractor's bid ton Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owncr shall be deemed to be Contractor. When this Bond has been limmished to comply with a statutory or other legal requirement in the location ofthe Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herekiom and provisions conliorming to such statutory or other legal requirement shall be deemed incorporated herein. When so limmished, the intent is that this Bond shall be construed as u statutory bond and not as a common law bond. Signed and scaled this 18th day of July, 2012 (11'iruess) (IJ'rniess) M. Pena Vido Artukovich & Son Inc/Vidmar Inc a JV (Principal) (Seal) B: e) Vido Artukovich it► Managing PartnerQr� Fidelity and Deposit Company of Maryland (Suret}) (Sea WA By: (rule) oe i Quiroz Att rney-in-Fac ,,,,e { S-00541AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) ss County of Los Angeles ) On JUL 18 2012 , before me, Lisa L. Thornton, Notary Public , personally appeared Noemi Quiroz , who proved to me on the basis of satisfactory evidence to be the personks� whose nameks� is/a�e subscribed to the within instrument and acknowledged to me that #e/she }" executed the same in 4i4her/the+F authorized capacity{Ee�, and that by #iaqher 4e4 signatureks� on the instrument the personks�, or the entity upon behalf of which the personks� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Sign ture: Lisa L. hornt , Notary Public LISA L. THORNTON Commission # 1940213 a z -' Notary Public - California z _`, z Los Angeles County D My Comm. Expires Jun 10, 2015 Bond Number: Bid Bond Obligee: City of Huntington Beach ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Geoffrey Delisio, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Noemi Ouiroz its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 17th day of May , A.D. 2012 . ATTEST: .4/--� Assistant Secretary Gerald F. Haley State of Maryland County of Baltimore ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SEAL t;�� G ttYn 3 L:� rase a Vice President Geoffrey Delisio On this 17th day of May A.D. 2012 , before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Geoffrey Delisio, Vice President and Gerald F. Haley, Assistant Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �tpttuttlh�r Constance A. Dunn, Notary Public My Commission Expires: July 14, 20I5 ACKNOWLEDGMENT State of California County of Los Angeles On July 26, 2012 before me, Sharon Artukovich, Notary Public personally appeared Vido Artukovich, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY UNDER the laws of the State of California that the foregoing paragraph is true and correct. SHARON ARTUKOVICH Witness my hand and offi ' eal. COMM. #1940720Notary PubkCanfomia WLOS ANGELES COUNTY Signs4-' Gomm E . JULY 1, 2915 eal)