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HomeMy WebLinkAboutSCHULER ENGINEERING CORPORATION - 2000-10-16 RECEIVED BY: CITY CLERK RECEIPT COPY � �� flr Return DUPLICATE to\ Jeffrey Hughes(ext.6260) (Name) after signing/dating LA— (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari FrClidenrich, City Treasurer ATTN: Jiim�ySlobojan, Deputy City Treasurer I �r""FROM: ) lo0 DATE: 03-Z7-aZ SUBJECT: Bond Acceptance I have received the bonds for 5Ct�AU'$ � 61I4'ttkyvb Wo (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Bog gy -7� Re: Tract No. CC No. I��y MSC No. Approved d - �� " ? Agenda Item No. E y (Council Approval Date) SC ko -!d City Clerk Vault No. g1jah/bondletter.doc DUPLICATE 10 A� City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: O;rm R. Charlonne, Contract Administrator DATE: --6-i SUBJECT: Retention Release Payment Company Name: Schuler Engineering, Inc. Address: 564 W. Batemen Circle City, State and Zip Code: Corona, CA 92880 Phone Number: (909) 738-9215 Business License Number:A157770 expired 11/1/01* Local Address: N/A Notice of Completion Date:2/1/02*Work actually completed prior to 11/1/01 Contract Purpose: Retention Release Authorization The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no sto notices are on fil a /ubjecctt at tN ime. 3 Z1 O Date Zdl Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. oii jig 2.I'll Date ri re denrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 3/97/0 a Date Connie Brockway, City k retention release memo 3/20/2002 4:37 PM Fidelityd Deposit Company an HOME OFFICE OF MARYLAND BALTimoRE,MD. 212o3 Maintenance Bond No• 808 49 78 KNOW ALL MEN BY THESE PRESENTS: That-------Schuler-Engineering Corporation , -------- ---------------------------------------------------------------------- _ as Principal,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation organized under the laws of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the_____amity_ of_Ht brig o _5MQb_ CA _____________________________ ---------------------------------------------------------------------------------------------- two million thirty-one thousand and 00/100 dollars _Dollars, in the sum of two 1 -------------------------------------------------------------------- lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this----twelfth ----------day of March, 2002-------19_____ WHEREAS, on the__5_iX__t_e_e_n_ _____________day of__ October 2000__-----__-19_-- SCHULER ENGINEERING CORPORATION thesaid---------------------------------------------------------------------------------------- as contractor, entered into a contract for the_ CONSTRUCTION OF WATER WELL NO. 3A (CC-1114) and WATER WELL NO. 5 (CC-1058) in City of Huntington Beach for the sum of and WHEREAS, under the terms of the specifications for said work, the said_________________________ SCHCII,ER ENGINEERING QORPORATION--------_ __-is required to give a bond equal to_ 10096---- per -------ULER NGIN ERIN--CORP CORPORATION cent of the amount of the contract to protect the_Cit _of Huntington Beach, CA ---- ------------------------ against the result of faulty materials or workmanship for a period of____ one_year____________________ from and after the date of the completion and acceptance of same, namely, until_ _Jan_ 7 Z 2003-19----- Schuler Engineering Corporation S NOW, THEREFORE, if the said------------------------------------------------------------ shall for a period of_____-orne_year ---------------from and after the date of the completion and acceptance of same by said_________City-of Huntington-Beach,- CA ------------ ------- ------------------------------- replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SCHULER ENGINEERING CORPORATION - -----------------------------------(SEAL) -----------------------------------------(SEAL) FIDELITY AND DEPOSIT COMPANY OF ARAyr By---------,- -- ------------- / Michael4t. Lan ney-in-Fact f-PPROVED AS TO FOF.M:QL ter Attorneyt Attest:----------------------------------------- �;Y: 01PUtc C_ty !,`tcrr.3—y Agent C4048(CA)-500,10-78 206506 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � ss. County of Los Angeles On 12, 2002 , before me, Katherine L. Banks, Notary Public Date Name and Title of Officer(e.g..'Jane W,Notary Public') personally appeared Michael R. Langan Names)of Signer(s) ®personally known to me O proved to me on the basis of satisfactory evidence s to be the person(* whose name(?6) isgms subscribed to the within instrument and acknowledged to me that heAif {executed the same in his/WNX1W authorized r capacity(tx), and that by his, signature(s) on the instrument the person(30, or the entity upon behalf of which the person(s) mmmmmtmmmrtnmmmmmmm�mnnmrmnmm�mnnmmmnumnnm acted, executed the instrument. KATHERINE L. BANKS 'n COMM, * 1337229 < WIT ES y hand and official eat. � NOTARY PUBLIC'CALIFORNIA N > LOS ANGELES COUNTY My Comm.Expires Jan.31,2001 g tluaxtwtuununmm�grgrmrRiaaatdtloWplr6raalrMbtlMaruuunuuwqumn011jt Signatur of Notary ublic ti OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i^ Description of Attached Document Title or Type of Document: Maintenance Bond r� ;r r Document Date: Number of Pages: Signer(s) Other Than Named Above: S Capacity(ies) Claimed by Signer Signer's Name: Michael R. Langan z Individual •- '-J •Too of tnurr,r nee � Corporate Officer—Title(s): _ z. Partner—❑Limited O General 2 Attorney in Fact D Trustee S Guardian or Conservator I S Other: I Signer Is Representing: Fidelity & Deposit Congaany of Maryland r r t 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod No 5907 Reorder Can Ton-Free 1-800.818-832' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.BALnMORE.MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael R. Langan of Pasadena, Cali IM e an awful agent and Attorney-in-Fact,to make,execute, deliver, ° d on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . . A—na the execution of such bonds or undertakings in pu of these , shall be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been ecuted an wledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper Thi er of attorney revokes that issued on behalf of Michael R. Langan, da Decemjae�r 3, 1985. The said Assistant Secretary does hereby ce the extra rth on the reverse side hereof is a true copy of Article VI,Section 2, of the By-Laws of said Company, and is force. IN WITNESS WHEREOF, the said Vice- ent and t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN POSIT CO OF MARYLAND, this 16th day of April , A.D. 19 �°�°'� Its FIDE AND COMPANY OF MARYLAND ATTEST: SEAL w n` As ' By Vice-Pies ent STATE OF MARYLAND COUNTY OF BALTmoRE SS' On this 16 th day of Apr i 1 , A.D. 19 93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR.,Vice-President and C.W. ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year firs above ni n. 9 ��- . PURL C S' CAROL J. FADER _ Notary Public My Commission Expires__—_9_19Ut 11296 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 12th day of !Lanih1 20_02 ____, • � Assistant Secretary Lioza, —012-7454 Company Profile Page 1 of 2 Company Profile I nT__ a n ce FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101-0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 39306 NAIC Group#: 0212 California Company ID#: 2479-4 Date authorized in California: January 01, 1982 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: MARYLAND Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the log ssar . AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS http://www4.insurance.ca.gov/wu/idb_co—Prof utl.get_co_proPp_EID=6217 3/18/2002 • Company Profile Page 2 of 2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS'COMPENSATION Company Complaint Information /w Company Performance& Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised-March 08,2002 04:19 PM Copyright C California Department of Insurance Disclaimer http://www4.insurance.ca.gov/wu/idb_co_prof ut1.get_co_prof?p_EID=6217 3/18/2002 CITY CLERK'S ORIGINAL City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC 1114 and CC 1059 Water Wells 3A and 5 Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, Avatchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. Sig ature arid Title Bruce A. Schuler, President Schuler Engineering Corporation g:cc.ashconI CITY CLERICS ORIGINAL DECLARATION OF SATISFACTION OF CLAIMS I, Schuler Engineering Corporation , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Water Wells 3A and 5 , and dated 10-16-2000 2. All Workers and persons employed, all firms suppl}7ng materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either 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: (if none, state `-`NONE") None I declare under penalty of perjury that the foregoing is true and correct. Executed at Riverside on this 12th day of March 2002 (Signature of Contractor) Bruce A. Schuler, President gsckash=2 B �� Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder WHEN RECORDED MAIL TO: 111111111111111111111111111111111111111111111111111111111 NO FEE CITY OF HUNTINGTON BEACH 2002008914711:03am 02101102 Office of the City Clerk 117 27 N12 1 P.O. Box 190—2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 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 by the City Council of the City of Huntington Beach, California to Schuler Engineering Corporation who was the company thereon for doing the following work to-wit: ' CC-1059 and CC-1114—WATER WELLS 5 and 3A PROJECTS This project includes the construction of two water wells, each generally consisting of an approximately 900 square foot structure to house mechanical and electrical equipment necessary to produce potable water directly into the city's water distribution system. That said work was completed January 7, 2002 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,January 7, 2002. That upon said contract Fidelity and Deposit Company of Maryland 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 11th day of Januarys ?0Q2. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA. ) County of Orange . )ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 11th day of January,2002. City Clerk and ex-officio Cler of the.City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach',-CA 92648 CITY OF HUNTINGTON BEACH `" • cKk�,NN � � MEETING DATE: January 7, 2002 DEPARTMENT ID NUMBER: PW 02-003 Council/Agency Meeting Held: 01- 01� 82 Deferred/Continued to: Approved ❑ Conditiona y Appr ved ❑ D Hied it Jerk's ignature Council Meeting Date: January 7, 2002 Department ID Number: PW V 0aa 0 o c-> c-� CITY OF HUNTINGTON BEACH ---a _.. _..� REQUEST FOR COUNCIL ACTION "''- c ! ¢. >� c- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -' z SUBMITTED BY: RAY SILVER, City AdministratorGldV PREPARED B ROBERT F. BEARDSLEY, Director of Public Wor ` v SUBJECT: Accept the Water Wells 3A& 5 Projects, CC-1114 & 1059, and File a Notice of Completion Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Water Wells 3A & 5 Projects, CC-1114 & 1059 constructed by Schuler Engineering, Incorporated are now complete and a Notice of Completion must be filed. Funding Source: Sufficient Water Capital Improvements Funds were authorized for this project. Recommended Action: Motion to: Accept the Water Wells 3A & 5 Projects, CC-1114 & 1059 at a final cost of $2,224,342.41, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. E-3 02-003 January 7 charlonne(Water Wells 3A&5) -2- 12/13/01 9:08 AM REQUEST FOR COUNCIL ACTION MEETING DATE: January 7, 2002 DEPARTMENT ID NUMBER:PW 02-003 Analysis: On October 16, 2000, the City Council awarded a contract to Schuler Engineering, Incorporated, in the amount of $2,031,000.00 to construct two Water Wells, 3A & 5 Project, CC-1114 & 1059. The adopted project budget also included $200,000 to cover potential change orders and $200,000 for supplemental expenses, for a total 'of $2,431,000.00. The improvements are now complete per the approved plans and specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $2,031,000.00 $2,031,000.00 2. Change orders: 200,000.00 193,342.41 Project Construction Costs: $2,231,000.00 $2,224,342.41 3. Supplemental Expenses: 200,000.00 125,000.00* Total: $2,431,000.00 $2,349,342.41 * Estimate only; actual costs will not be determined until later. Attachment(s): City Clerk's . . - Number No. Description RCA Author: Charlonne:jm 02-003 Charlonne 02-003 January 7 charlonne(Water Wells 3A&5) -3- 12/13/01 1:01 PM CITY OF HUIVTIIVGTOIV BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 11, 2002 Gary Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CIVIC City Clerk /jh Enclosure: Notice of Completion—Schuler Engineering Corp.—CC-1059 and CC-1114—Water Wells 5 and 3A Projects (Telephone:714-536-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 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 by the City Council of the City of Huntington Beach, California to Schuler Engineering Corporation who was the company thereon for doing the following work to-wit: CC-1059 and CC-1114—WATER WELLS 5 and 3A PROJECTS This project includes the construction of two water wells, each generally consisting of an approximately 900 square foot structure to house mechanical and electrical equipment necessary to produce potable water directly into the city's water distribution system. That said work was completed January 7, 2002 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,January 7, 2002. That upon said contract Fidelity and Deposit Company of Maryland 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 11th day of January, 2002. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange )ss: City of Huntington Beach } I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 11th day of January, 2002. City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190—2000 Main St. Huntington Beach, CA 92648 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Water Wells 3A & 5 Projects, CC-1114 & 1059, and File a Notice of Completion COUNCIL MEETING DATE: January 7, 2002 RCA ATTAC HM E NTS . ..STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk .EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use • RCA Author: Charlonne REC 1VED BY: CITY CLERK RECEIPT COPY ` t Return DUPLICATE to Jeffrey Hughes(ext.5260) (Name) after signing/dating 3--- -- ©l (Date) } e ip CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ,r`~x Shari F idenrich, City asu er - a ^` i;�to Sl of n, i Treasurer FROM: �,. 1,.,�-�--10 — o DATE: t ) ram— > �' �,,...✓ SUBJ N s6nid Ai*, eptance I have received the bonds for (Company Name) Faithful Performance Bond No. 00$ 41 -14 Labor and Material Bond No. 809 Monument Bond No. Maintenance Bond No. Re: Tract No. . CC No. W 4 I MSC No. Approved ' 3 "" "' dJ Agenda Item No. " (Council Approval Date) City Clerk Vault No. `C 6to. `d g:nah(boleette4(•doc i File Notes Office of the City Clerk Huntington Beach, California &zs oi�7 N-ONA � � a 10� Ovo b ���Wmtl� c4)" co, s I CITY OF HUNTINGTON BEACH LO 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: November 9, 2000 TO: Schuler Engineering Corporation ATTENTION: Bruce Schuler, Pres. Name 564 W. Batemen Circle DEPARTMENT: Street Corona, CA 92880-2011 REGARDING: Construction Contract City,State,Zip cc-1114 & cc-1059 See Attached Action Agenda Item E-4 Date of Approval 10-16-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds X Insurance X RCA Deed Other CC: E. Charlonne DPW X X X bonds Name Department RCA Agreement Insurance Other S. Freidenrich Treas. X bonds Name Department RCA Agreensent Insurance Other Name Department RCA Agreement Insurance Other Name Departrnent RCA Agreement Insurance Other C. Mendoza X X X Risk Management Dept. Insurance (Telephone:714-536.5227) r CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SCHULER ENGINEERING CORPORATION FOR WATER WELL NO. 3A(CC-114)AND WATER WELL NO. 5 (CC-1059) THIS AGREEMENT,made and entered into this 16th day of October 2000,by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY," and Schuler Engineering Corporation, 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 construction of Water Well No. 3A(CC-1114) and Water Well No. 5 (CC-1059) 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 furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, 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 2000Agree/Waterwe113A 1 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 under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; RJW/2000Agree/WaterwellM 2 D. The 2000 edition of Standard Specifications for Public Works Construction,published by Builders'News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, 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 September 25, 2000 proposal(the latter document attached hereto as Exhibit "A"); 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 discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 RJW/2000Agree/WaterwellM 3 Million Thirty One Thousand and no/100 Dollars($2,031,000.00), 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred thirty(130)consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. RJW/2000Agree/Waterwe113A 4 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. RM/2000Agree/Waterwell3A 5 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one(1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its 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 PROJF-CT. RJW/2000AgreeMaterwellM 6 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand Dollars($1,000.00) 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen(15) days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement),notify the 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 the DPW shall be conclusive on the parties hereto. RM/2000Agree/Waterwell3A 7 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 waiting for materials required by this Agreement to be furnished to 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY,then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefore 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 material by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed,notify the DPW in writing of. (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) 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. The 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 RM/2000Agree/Waterwell3A 8 Agreement,whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder,provided, however,the time prescribed therefore may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion,when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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,the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%)will be RJW/2000Agree/WaterwellM 9 deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made,the 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 by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five(35)days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by taw, each payment to be accompanied by a certificate signed by the 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and 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 the DPW its affidavit stating that all workers and persons RJW/2000Agree/Waterwe113A 10 employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any,to be set forth in an 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 and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands,however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code,which requires every employer to be insured RJW/2000Agree/Waterwe113A 11 against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease,policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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$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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be RM/2000Agree/Waterwell3A 12 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, or a"deductible"or any other similar form of limitation on the required coverage. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. RM/2000AgreeMaterwell3A 13 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a 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 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON-ASSIGNABILITY 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. RJW/2000Agree/Waterwe113A 14 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices,Notices to Withhold, or any similar legal document. Said 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,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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such ply 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. RM/2000Agree/Waterwell3A 15 29. 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 U.S.C. Section 1324a regarding employment verification. 30. 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 2000Agree/WaterweIMA 16 32. ENTIRETY The foregoing provisions, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SCHULER ENGINEERING CORPORATION CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California Bruce Schuler,President AND Mayor By: �` ATTEST: —60�g3mkw —-Larry Yatson, Secretary dmw-� OW4414 City Clerk 11_ - oo REVIEWED AND APPROVED: APPROVED AS TO FORM: eo- Cit dministrator >� 1%4[y y5;,-City Attorney Q�V� q 28`t30 APPROVED: Director of Public Works 2000Agree/WaterweIBA 17 ` SECTION C L PROPOSAL for the WATER WELL 3A(CC-1114)AND WATER WELL 5(CC-1059) 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 130 calendar days,starting from the date of the �lotice 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 4 PROJECT BID SCHEDULE-WELL 3A � �sti�al �'temnrtnoe: m- oils DIV Lump Sum' General Requirements per Lump Sum of 01 1�1�_`�t tee- !o vjq-t,r0 _ Dollars(in words) s 9-3 600 (in figures) DIV Lump Sum' Sit Work pe um Sum of 02 46- Dollars(in words) $ '7 00 (in figures) DIV Lump Sum' Co rete r Lump Sum of 03 Y� , 'y�� �g�'� Dollars(in words) $ 6 " o— (in figures) DIV Lump Sum' Masonry aF Lump Sum f 04 Owe tg0w "a A �ur-M-T" SOWS! Dollars(in words) $10?.000 (in figures) DIV Lump Sum' Moa# u Sum of 05 r i Dollars(in words) $ (in figures) DIV Lump Sum' Wood and Plastics per Lump Sum of 06 .17,-en-0 Dollars(in words) (in figures) DIV Lump Sum' Thermal&Moisture Protection per ump Sum of 07 J av P.., y S Dollars(in words) s 00 (in figures) DIV Lump Sum' Do o d Windows per Lump Sum of 08 ✓C ��ityv 5a•� Dollars(in words) S .O 00 (in figures) DIV Lump Sum' Finn es per Lump Sum of 09 16udyC jWV S a.,.j Dollars(in words) $ ( o Q� (in figures) DIV Lump Sum' Specialties(NOT USED) 10 DIV Lump Sum' E ipmen per Lump um of I 1 y St yS4,/-+ Dollars(in words) S 160,Opp (in figures) DIV Lump Sum* Furnishings(NOT USED) 12 DIV Lump Sum' Special Construction(NOT USED) 13 DIV Lump Sum' Con a ing stems a Lump Sum 14 j Dollars(in words) S (in figures) C-1 S.1 DIV Lump Sum* hanical per Lu np Sqm At 15 Dollars(in words) S44 0 .1000 W (in figures) DIV Lump Sum* Electrical er Lump Sum of 16 0al�6 x�.s. ,dl MI KL ( sh-up Dollars(in words) S 1312t O D O �� (in figures) Grandtotal Amount Bid In Figures**:$ D-7O1 Ou O do Grandtotal Amount Bid in Words**: 041v 01-lh dK- *Lump sum includes fumishing all mobilization,transportation,labor,equipment and materials required to construct all improvements and miscellaneous work in accordance with the drawings and specifications. **Grandtotal shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 2 through 16 shall be identified separately and included in Division 1. C-1 S.2 PROJECT BID SCHEDULE-WELL 5 tcm SM'" tMd tem 0MUM! ME DIV Lump Sum* General Requiremegts per Lum�Sum of 01 Q Jn.l� '1 h"C TV) 4..SA n ' Dollars(in words) $ 9 3 ppp (in figures) DIV Lump Sum* Si a Work er Lump Sum of ! 02 i 1 �5 �•O� Dollars(in words) $ — (in figures) DIV Lump Sum* Co rete r Lu p Sum of 03 i i Dollars(in words) $ — (in figures) DIV Lump Sum* Maspwy per 14mp S1",of 04 V �ri�ot�S&A,44 Dollars(in words) $ ) - (in figures) DIV Lump Sum* Me pztrqturq o f OS NG► Dollars(in words) $ (in figures) DIV Lump Sum* Wood and Plastics per Lump Sum of 06 Dollars(in words) $ (in figures) DI Lump Sum* The 1 Moisture Pr tection per L mp Sum of 07 Dollars(in words) $ — (in figures) DIV Lump Sum* Door%Aad Window per Lump Su of 08 �i v o V SG►.�• Dollars(in words) $ (in figures) DIV Lump Sum* Finigbes per Ly�mp Sum f 09 W�U e at,.N Dollars(in words) $ DO D (in figures) F Lump Sum* Specialties(NOT USED) Lump Sum* Eq ent p Lump ume N 4L tlt) �i 1 lAov SQI�►Q Dollars(in words) $ 10,0, (in figures) DIV Lump Sum* Furnishings(NOT USED) 12 DIV Lump Sum* Special Construction(NOT USED) 13 DIV Lump Sum* Co �'ing Systems,per L mp Sum of 14 /vf Ao2 v SQ. Dollars(in words) $ p O •-- (in figures) C-1 S.3 DIV Lump Sum* Mec)ranicalCump um 15 /t�� l7U�t•� �G✓ �./aUs Dollars(in words) $ 'LZO O COo (in figures) DIV Lump Sum* Electrical per Lump S m of 16 OuW 1hn� �r -(I ua�(- 7fv 4r.sA-P.0 Dollars(in words) $ D 0 O (in figures) Grandtotal Amount Bid In Figures**:$ OYG DOp 00 Grandtotal Amount Bid in Words": kj j AlE aV µ — S IC Ode *Lump sum includes furnishing all mobilization,transportation,labor,equipment and materials required to construct all improvements and miscellaneous work in accordance with the drawings and specifications. **Grandtotal shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 2 through 16 shall be identified separately and included in Division 1. C-1SA If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find Bidders Bow in the amount.of$ which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or"Bidder's Bond",as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 9/25/2000 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number flet, ..rya-J cArt. 4431!'s-�!� M5 IC. 5 r.1 os Lj I.„tL-c izob 4is Hers_ Tr�v A-t-+A So9GG.3 rwItQvckr, An A - Cyr CA A— 37J y�3 A -mil cowo PrAf y4y Z 7-f7)7 f.. 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 fumished 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 State of California " ss. County of Orange i Bruce A. Schuler , being first duly sworn, deposes and says that he or she is President of Schuler Engineering Corporation 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. Schuler Engineering Corporation Name of Bidder Signature of Bidder Bruce A. Schuler 564 W. Bateman Circle, Corona, CA 92880 Address of Bidder Subscribed and sworn to before me this 25th day of September,200 0 KIMBERLY C. WEIR f Commission#1240146 Notary Public-CalifarNo Riverside County My Carom.E0m 0d3IM M13 NOTARY PUBLIC NOTARY SEAL 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 WATER WELL 3A (CC-1114) AND WATER WELL 5 (CC-1059); (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. Schuler Engineering Corporation Contractor By President - Bruce A. Schuler Title Date: 9/26/2000 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perimY,the following questionnaire. 01 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? 13 Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 pp- u�t 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. Schuler Engineering Corporation Contractor y President - Bruce A. Schuler Title Date: 9/26/2000 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed-and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Schuler Engineering Corporation Bidder Name 564 W. Bateman Circle Business Address Corona, CA 92880-2011 City, State Zip (909 ) 738-9215 Telephone Number 389852 Class A, B, C-10, HAZ State Contractor's License No. and Class 5/09/1980 Original Date Issued 5/31/2002 Expiration Date The work site was inspected by Larry Watson of our office on September 19 , 200 0. The following are persons, firms, and corporations having a principal interest in this proposal: Schuler Engineering Corporation 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. Schuler Engineering Corporation Company Name Signature of Bidder r Bruce A. Schuler - President Printed or Typed Signature Subscribed and sworn to before me this 25ttday of SeptemhPr , 200-0. a6a MI KIMBERLY C. WEIR _ Commission# 1240146 `- ip Notary Public-California Riverside County t My Cc rnm.bvies Oct 30,2003 NOTARY PUBL "' NOTARY SEAL Listed below are the names, add Zssd telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Garden Grove / 11222 Acacia Parkway, Garden Grove, CA 92842 Name and Address of Public Agency Name and Telephone No. of Project Manager: Terry Lane 714-741-5395 $5,200,000.00 Water Reservoir and Pump Station 6/1996 Contract Amount Type of Work Date Completed 2. City of Bell Gardens / 7100 South Garfield Ave, Bell Gardens, CA 90201 Name and Address of Public Agency Name and Telephone No. of Project Manager: William Pagett 562-806-7774 $1,513,190.00 Wellhead and Water Treatment 5/2000 Contract Amount Type of Work Date Completed 3. City of Tustin / 300 Centennial Way, Tustin, CA 92780 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gary Veen 714-573-3381 $615,086.00 Reservoir and Booster Station 6/2000 Contract Amount Type of Work Date Completed C-10 CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 California 92648 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 WATER WELLS 3A (CC-1114) AND WATER WELL 5 (CC-1059) BID ADDENDUM NUMBER 1 September 22, 2000 NOTICE TO ALL CONTRACTORS: Please note the following clarification/revisions to the Project Construction Documents: 1. WATER WELL 5: The drainage to the Orange County Flood Control Channel will necessitate the issuance of an Encroachment/Construction permit issued by the County for this work, which will be obtained by the City. Although this permit will be at no cost to the contractor, the successful contractor is required to name the County as an "Additional Insured" on the approved insurance certificate, pursuant to the attached requirements (Exhibit A, attached). This work will be subject to additional inspection/approval by the County. 2. WATER WELL 5: The City will be responsible for removal of product from waste oil tank. 3. WATER WELL 5: Re: Drawing No. E-6 of 7, Detail No. 1: DELETE THE FOLLOWING SENTENCE, REFERENCING TO THE MAIN DISTRIBUTION PANEL (MDP1. "Owner Furnished. Contractor Installed. Refer to Sheet E-2 Detail 1 Notes." It is the intent that the contractor shall furnish and install a new MDP, complete with circuit breakers, as shown and as specified within the construction documents. 4. WATER WELL 3A: Re: Drawing No. E-6 of 7, Detail 1: DELETE THE FOLLOWING SENTENCE: "Refer to Sheet E-2 Detail 1 Notes." It should be noted that the Main Distribution Panel (MDP) has been and is currently installed on the site in a temporary location complete with 1-31PST 600A breaker. The 3PST 50A breaker will be supplied by the City and shall be installed by the successful contractor. The successful contractor shall disconnect all wiring and conduit serving the MDP. Further, the successful contractor shall relocate the MDP to its permanent location complete with new wiring and conduit as shown within the construction documents. 5. WATER WELL 3A: RE: Detail 7 on Sheet M-9). DELETE THE FOLLOWING SENTENCE: "City of H.B. will be responsible for isolating/depressurizing and draining the 21"distribution tie-in loop." ADD THE SENTENCE_ "The City of Huntington Beach will be responsible for operating the valves to isolate the 21-in distribution tie-in loop. A drp-tight shutdown is not_guaranteed. The contractor shall be responsible for draining, testing, disinfecting and disposal of water from the pipeline in accordance with the construction documents." It should be noted that the nearest isolation valves on the 21- in pipeline in Warner Ave. are at Newland St. (approx. 4000 ft. to the east) and in Nichols St. (approx. 3500 ft. to the west/south). Although the contractor will not be responsible for maintaining service to any (City) customers served from this isolated pipeline, (since it is a major transmission main), bidders should be aware of the distance between the isolation valves. Contractor shall be responsible for pressure testing and disinfection in accordance with the construction documents, and should be cognizant of the volume of water involved. It is critical that the contractor coordinate this work with the City. The City will not allow the 21-inch pipeline to be taken out of service prior to February 1. 2001. This Addendum shall prevail over all other sections within the contract documents. Very truly yours, De rah M. De, o !, P.E. Associate Civil Engineer This is to acknowledge receipt and review of Bid Addendum Number 1, dated September 22, 2000. It is understood that this Addendum shall be included in the proposal. v , Company Name By r o Date Cc: All planholders • • ��■■■■■■■■■■■■■■■■■sue%■��\■■■■I■■■■■• mom ■��■■■■■■■■■■■■iJ'�■■I�■�\I■■■i�lElm■■. ■■■■��■■■■■■■■Wi iwr��i\■■%■■■■■■■■111■■■■ ■■■■\■■■■■■■■//11'40FA■IE/I■■■■■■■■■111/■■■ ■■■■■■11■■G�:��/1�■/�■■■■■■■■■■■■■11l■■■ • ■■!■■■�1■���■■r�ii��l�■■■■■■■■■■■■■�111■■ ■■■■■■�■■/1■■�1■■■►�■■■■■■■■■■■■■■■III ■. ■■■■■■■■■11■■�I■■■�■■■■■■■■■■■■■■■.11■■. ■■■■■■■■■11■■■1■■■■■■■■■■■■■■■■■■■III ■• • • ■■■■■■■■■I■■■11■■�I■■■■■■■■■■■■■■■■illy■ :• o • r: iiiiiiiiiiiiiiiiiiiiiiiiiiiii■iiiiiiiiii iiiiii■iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii •■■III ■■■■■■■■■■■■■■�■■■I■■■It■■�■■■■■■ ■■■1111■■■■■■■■■II■I■NJUM ■//■■■■■■■MU■■■■ •■■■/ICI■■■■■■■■/■\■Lr."r;1,:!1■■■■■■■■►\■■■■ ' ' . iii■iii■iiiiiiiii■iiiiiii■ii■iiiiii r M C I m M •: - r .. - ■■■■■■■■■■■■■■■■■■M►P■L' .1�■�Pi■■■■■■■ ■IIII■■■■■■■■■■■■■■■■1�■■■I■■■I■■■■■■■■■ ■IIII■■■■■■■■■■■■■■■■It■■�1■■■I■■■■■■■■■ ■IIII■■■■■■■■■■■■■■■■I■■■II■■■I■■■■■■■■■ ■IIII■■■■■■■■■■■■■■■■1■■■II■■■I■■■■■■■■■ •■■IIII■■■■■■■■■■■■■■■■�■■■11■■/I■■■■■■■■■ ■■IIII■■■■■■■■■■■■■■■■I■■■11■■�1■■■■■■■■■ ■■IIII■■■■■■■■■■■■■■■�■■■It■■1�■■■■■■■■■ ■■IIII■■■■■■■■■■■■■■/1■■■�■■ ■■■��■■■■■■ ■■IIII/■■■■■■■■■■■■■■��:ii�■■�■■■I■■■■■■■ •■■IIII■■■■■■■■■■■■■■1�■■/1■■iC•i■1■■■■■■■ - •■■IIII■■■■■■■■■■■■■■I_!��/■■��■■■11■■■■■■ • ■■IIII■■■■■■■■■■■■■■1■■II�C:i9■■il■■■■■■ • ■■■IIII■■■■■■■■■■■■■■i■■■'/■■IL'�■■II■■■■■■ •■■■IIII■■■■■■■■■■■■■//■■/�■■■1�■■■�1■■■■■■ • •■■■IIII■■■■■■■■■■r�■■��■■ri■■■■■■��■■■■■ • •■■■IIII■■■■■■■■■■►�■�ii��i.G�■■■■■ll■■■■■ • ■■■IIII■■■■■■■■■I,/%■I■i lr/ia■■■■■\�■■■■■ ONE I//■■■■■■■■E■■■■ mom ACORD., CERTIFICATE OF LIABILITY INSURANCgR SR DATE(MM/DD/YY) HULE1 1 10/11/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1 Park Plaza, #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 Phone: 949-553-9800 Fax:949-553-0670 INSURERS AFFORDING COVERAGE INSURED CI (J ,q1 f,qt�C SURER A: Pennsylvania General Ins. Co. SJ/r ��,��Il INSURER B: Explorer Insurance Company Schuler Engineering Corp. U INSURERC: 564 W. Bateman Circle INSURERD: Corona CA 92880 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CPP1219786-00 03/15/00 03/15/01 FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE X OCCUR ', MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 --- POLICY�X � ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BA0321030-00 03/15/00 03/15/01 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ Xi HIRED AUTOS _ BODILY INJURY $ X NON-OWNED AUTOS (Per accident) i i) r,''�RM; PROPERTY DAMAGE $ - (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I $ ANY AUTO = OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY i'� - ; „Q�;-iC%'V EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND �'', X TORY LIMITS ER B EMPLOYERS'LIABILITY WSD 1678762-01 01/01/00 01/01/01 E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE! $ 1,000,000 E.L.DISEASE-POLICY LIMIT !, $ 1,0 0 0,0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Huntington Beach, its agents officers and employees are named as Additional Insureds as respects the General Liability and Automobile Liability policies per attached primary endorsements. Waiver of Subrogation included for Workers' Compensation. RE: Jobs performed by the Named Insured, Water Well 3A (CC1114) & Water Well 5 (1059) . w sup aip xxx CERTIFICATE HOLDER y ADDITIONAL INSURED;INSURER LETTER: CANCELLATION HUNTINl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 6H9SAMOR-9 MAIL 3 0 DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Risk Management Division 2000 Main Street Huntington Beach CA 92648 William S. Wooditch ACORD 25-S(7/97) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) SGHULEI PAGE 3 NOTEPAD. tNSURED'S NAME Schuler Engineering Corp. CSR SR DATE 10/11/00 General Liability includes but is not limited . coverages for premises/operations; products/completed operations; independent contractors; underground, explosion and collapse hazards; personal injury; broad form property damage; contractual liability. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause"need be completed only when this endorsement is issued subsequent preparation of the policy.) This endorsement, effective 01/01/00 12:01am forms a part of Policy No. WSD1678762-01 Issued to: Schuler Engineering Corporation By: Explorer Insurance Company Premium: Determined at Audit We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. SCHEDULE : Person or Organization: The City of Huntington Beach, its agents, officers and employees Job Description: Jobs performed by the Named Insured, Water Well 3A (CC1114) & Water Well 5 (1059) Authorized Representative WC 04 03 06 (Ed.4-84) Sc 600, 1Q COMMERCIAL AUTO POLICY NUMBER: BA0321030-00 INSURED: Schuler Engineering Corporation THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Huntington Beach, its agents, officers and employees RE: Jobs performed by the Named Insured, Water Well 3A (CC1114) & Water Well 5 (1059) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto." This insurance shall apply as primary insurance as respects any person or organization for whom or which you have agreed by written contract or permit to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such other insurance maintained by and available to such person or organization. Authorized Representative CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: CPP1219786-00 INSURED: Schuler Engineering Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: The City of Huntington Beach, its agents, officers and employees RE: Jobs performed by the Named Insured, Water Well 3A (CC1114) & Water Well 5 (1059) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of "your work" for that insured for you or by you. This insurance shall apply as primary insurance as respects any person or organization for whom or which you have agreed by written contract or permit to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such other insurance maintained by and available to such person or organization. Authorized Representative CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 Sc 600, 6 CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member lu-= 2. Date of Request 1(2 -1-7 — 3. Name of Contractor/Permittee_ 4. Description of work to be performed 5. Value of Contract 6. Length of Contract jjq � 7. Type of Insurance Waiver or Modification Requested: AAA,)A,) )��P/(� 12, (a)Limits: (b)Coverage 8. Have you contacted Risk Management to determine if professional liability coverage is available through SCOPE? 0 A, _ 9. Reason for Request for Waiver or Reduction of Limits cJc \ T/C'%UC7Tfl-6 E7 ., 10. Identify the risks to the City if this request for waiver or modifications granted Department Head Signature (This section to be completed by Risk Manager) Recommendation: Approve (/ Den Risk Manager's Signature/Dat (This section to be completed by City Attorney) Recommendation: Approve`— Deny -- City Attorneys Signature/Da e p �' 1/1)11 d' Settlement Committee approval [i not] quired for this waiver. If Settlement Committee approval is required, submit this form to City A ey's ffice a placed on the agenda. Recommendation: Approve Deny City-Council approval(i [is not] quired for this waiver. If City Council approval is required, attach this form to the RCA after consideration b ttlement Committee. This insurance waiver[is not] on City Council agenda. Reviewer's initials: jmp/mis/inswaiver/3/14/00 r 808 49 78 BondNo............................. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BAMMORE,MD.2.f203 Labor and Material Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That..................RP;D4X,RIIJG..CQ11T0RATI i •-•---••-------*-------•--------- (Here insert the name and address or le 1 title of the Contractor) 564..W....B4telnan-CixcleI.Corona.CA.928>0-2011 as Principal, hereinafter called Principal,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland,with its home office in the City of Baltimore,Maryland,U.S.A.,as S ty, hereinafter called Surety,are held and firmly bound unto.................City of Huntington Beach, ..................... 2000 Main Street, Huntington Beach, CA 92648 -------------................................................................................... (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hercinbelow defined, in the amount of... -million thirty-one thousand and no/100 dollars ...................----- ......-•-----------•------....................................... . - .............................................._...................... . ..-- ..---....................-•-................................................... 2 031 00.00 (ilcre insert a sum eeual to at least one-half of the contract pri e) llollars ($...!...............................................), for the payment whereof Principal and Surety bind themselves, their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Principal has by written agreement dated......................................................................19......... entered into a contract with Owner for..�nstruetiori of Water Well No. ll 3A (CC—l4) and Water Well No. 5 (CC-105 ) in the City of Huntington Beach, CA ............. .................... ------------------------------- - ... W -------.......---...-----------------------.....................................-.............. ...................*-----•--- in accordance with drawings and specifications Prepared by....t11e City's standard Plans and Specifications inc1 d' ecial contraFtual provisions on file in the office of the Director Of Pub1i rhts �� Ie City (Here insert full name,title and addrem) which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make pay- ment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material,or both,used or reasonably required for use in the performance of the contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed.Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by a public officer. (b) After the expiration of one(1)year following the date on which Principal ceased work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof,is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this....................ninth...................._-..........-..day of..---October------...................A.D.�PS2000 In the presence of: _...-'----------'............................................Princi........p..al...........(SEAL) ..................................................................................... .........................................-.....••-------------•---------................... Title FIDELITY AND DEPOSIT COMPANY MARYLAND ...................................................................................... By............-------/.,Y�j.�(/ ....... ...... ......(SEAL) Michad1 R. an, isle A rney in fact ,1111_9 r;f) ct; TO F0414: iAT? 009ebs— Approved by The Amerkan Institute of Architects,A.I.A.Document No.A-31I February 1970 Edition. ✓y: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - y State of California County of LOS ANGELES ss. No h On October 9, 2000 before me, r S. Ameri, terry Public Z' Date Name and Title of Officer(e g.,'Jane Doe.Notary Public') personally appeared Michael R. Langan h Name(s)of Signer(s) Z7i C personally known to met ❑ proved to me on the basis of satisfactory evidence to be the person(o whose name(n) is/a)!6 subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/trOr authorized capacity(ies), and that by his=900=+ =eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee�ee signature�o) on the instrument the person(, or MARY S.AM}RI G the entity upon behalf of which the person() ' it COMM. #1178731 R acted, executed the instrument. S - NOTARY PUBLIC-CALIFORNIA s 2 LOS ANGELES COUNTY 2 -! My Comm.Expires Ap;ii 5,2002 ; WITNES y nd and official Seal. •eeeeeeeseeeeeeeseesereeeeeeeeeeeeeee y�( ll11'' Place Notary Seal Above gn re of otary Pu ' NC OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document k and could prevent fraudulent removal and reattachment of this form to another document- 2J Description of Attached Document Labor and Materials Payment Bond 2 Title or Type of Document: r Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Clbimed by Signer Signer's Name: Michael R. Langan D Individual Top of thumb here J Corporate Officer—Title(s): !� 0 Partner—0 Limited ❑ General ,X Attorney in Fact Trustee D Guardian or Conservator ' iJ Other: Signer Is Representing: Fidelity & Deposit Company of Maryland fS' 0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Tot-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE.MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael R. Langan of Pasadena, Californ 0 s true and lawful agent and Attorney-in-Fact,to make,execute,s deliver,f on its behalf as surety,and as its act acrid deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . n e execution of such bonds or undertakings in pursu these pr� shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duted and ]edged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper p This r of attorney revokes that issued on behalf of Michael R. Langan, dat ecemb 1985. The said Assistant Secretary does hereby certi a extract t on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is n orce. IN WITNESS WHEREOF, the said Vice-Pre nt and Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND SIT CO OF MARYLAND, this,__ _—_16 th —— _ of ------April-------------, A.D. 19_9 Q FIDELVAND D T COMPANY OF MARYLAND ATTEST: SEAL21 By Assistan Vice-Pr ident STATE OF MARYLAND (� COuJNTY OF BALTIMORE On this---16th---day of April___________, A.D. 19_13, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `9 �. CAROL J. FADER Notary Public My Commission Expires----—--------__August_1 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." th IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _9 ____ day of-----October t_2000__--- ----. Assistant Secretary Llaz& —012-7454 808 49 78 ' Bond No.... Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE,MD.21203 Performance Bond KNOW ALL MEN BY THESE PRESENTS: That.................................�II7LER EW3INEEPMC CORPORATION ......................................................................................................................................... (Here I rl lh1name s�ndro�or tad tI of Ah CAt� (rr) 564..W ..Bateman ... er.....::..............(.Ci9 .. .ftS(1-LU11 as Principal, hereinafter called Contractor,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corpora- tion of the State of Maryland,with its home office in the City of Baltimore,Maryland,U.S.A.,as Surety, hereina(,t&&ailed Surety,are held and firmly bound unto......City of Huntington Heach, CA LU ..................................................................... Main Street, Huntington Beach, CA 92648 , ................................ ....................................................................... (Here insert the name and addrese or lexal title of the Owner) as Obligee,hereinafter called Owner, in the amount of....two million thirty—one thousand and no/100 dollars .......................................................................................................................................................... ............................................................................................................................................................................................ Dollars($...2..!.031........'....0.00........00..........................),for the payment whereof Contractor and Surety bind themselves, their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,Contractor has by written agreement dated....................................................................19........, construction of Water Well No. 3A (CC-1114) and entered into a contract with Owner for........................................................................................................................ Water Well No. 5 (CC-105 in the city of Huntington Beach CA .................................................................. ................................ ..................................................................................... in orda ce with drawipgs and s ecificati ns prepared b the City's standard Plans and eci 'icatiolis P 4 P P Y......................:....;............................. ..................... .... f£ �nclud3;Ig ial ntr�ctual provisions on file in the office o...-the Birector of Public. .Q{..C}Q.�p..(.q ...................................... ercnaerfTull—nirSe,Tftke•.aercMi •,• •.• which contract is by-reference made a part hereof,and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with.its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof.The term "balance of the contract price,"as used in this para- graph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expirai.;on of two (2) years from the date on which final payment under the contract falls due. No right-of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed and sealed this............�th....................................day of.......Oc. r ...........A.D. PO..2000 ................. In the presence of: Principal ...................................................................................... .............................................................................................. Title FIDELITY AND DEPOSIT COMPANY F MARYLAND ................... By............ .. ....... ......... .......................(SEAL) Mz chore :... ant At 9 ina<!e in fact 1.PPRnVED AS TO FORMu :�..r ,r CJ09f— Approved by The American Institute of Architects.A.I.A.Document No.A-Ut February 1970 Edition. I( :`torneyl CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. On October 9, 2000 , before me, Mari' S. Amlri, Notary Public - Date Name and Title of Officer(e.g.."Jane Doe,Notary Public') Michael R. Langan personally appeared ' Name(s)of Signer(s) Lfpersonally known to me ❑ proved to me on the basis of satisfactory evidence ' to be the person(!� whose name(n) is/ate subscribed to the within instrument and acknowledged to me that he/shy executed the same in his/NPTAM*-r authorized capacity( ), and that by his==�W signature>s) on the instrument the person(b), or G. """""""""°•••••••••••; the entity upon behalf of which the person() G MARY S. AMIRf acted, executed the instrument. R COMM. #1178731 S NOTARY PUBLIC-CALIFORNIA S 2 ' * LOS AF;GELES COUNTY 2 WITNESS and and official se I. ,{{ * My Comm.Expires Apo 5,2002 • jn; •sass•°r•s•ssss•s•°•sss•sse•sss,ssssi �C Place Notary Seal Above Si re of tary Pubic OPTIONAL ' Though the information below is not required bylaw,it may prove valuable to persons relying on the document X k{{ and could prevent fraudulent removal and reattachment of this form to another document. �}5 2 Description of Attached Document Po1�T1�nCe Title or Type of Document: S Bond Document Date: Number of Pages: ' Signer's) Other Than Named Above: Capacity(ies) Clbimed by Signer Signer's Name: 114.ichael P. Lanq= 2� D Individual Top of thumb here 0 Corporate Officer—Title(s): Partner—0 Limited ❑General 2. Attorney in Fact Trustee Guardian or Conservator J Other: Signer Is Representing: � Fidelity & Deposit Company of Maryland j5 l 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael R. Langan of Pasadena, Calif 0 its true and lawful agent and Attorney-in-Fact,to make,execute, s deliver,f on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n t e execution of such bonds or undertakings in purs these pr shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been d�uted and ledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper This r of attorney revokes that issued on behalf of Michael R. Langan, dat ecernbgr, 1985. The said Assistant Secretary does hereby certi a extract t on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is n orce. v IN WITNESS WHEREOF, the said Vice-Pre nt and Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND SIT CO OF MARYLAND, this`_______-____16 th _ �y of 1----------— A.D. 19-9 Q �% FIDELfi3AND D T COMPANY OF MARYLAND ATTEST: ra` By Assfstan Vice-Pre ident STATE OF MARYLAND COUNTY OF BALTIMORE ss. On this---16th---day of__A�ril ___ _`_ A.D. 19__93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. >O CAROL J. FADER Notary Public My Commission Expires-----—-----_A_August_1y1996�___�_ CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I6th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEIF�O �I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9�__ day of—__ tQbEX f---- --------- �----- -------------------- --------- ----------------------------- ____ Assistant Secretary LI42& —012-7454 bi V4 Council/Agency Meeting Held: I0_ — 00 Deferred/Continued to: Approved ❑Conditional Approved ❑ enied, C r s Signature Council Meeting Date: October 16, 2000 Department ID Number: PW 00-99 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - SUBMITTED BY: RAY SILVER, City Administrator4'-4-'� . e PREPARED BY: ROBERT F. BEARDSLEY Director of Public Works SUBJECT: AWARD CONSTRUCTION CONTRACT FOR WATER WELL33A (CC-1114) AND WATER WELL 5 (CC-1059) Statement of lssue,Funding Source,;Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Formal bids were received on September 26, 2000 for the construction of,. Water We'll 3A :(C,C-1114) and. Water Well 5 (CCA 059). Staff is recommending award to Schuler Engineering Corporation as the lowest responsive/responsible bidder. Funding Source: Sufficient funds in. the amount of $2.,556,000 are budgeted in Water Capital Improvement Fund, Account No. 50691011.69365, Conjunctive Use Wells. Recommended Action: Motion to: 1. Accept the low bid submitted by Schuler Engineering Corporation, 564 W. Batemen Circle, Corona, .CA 92880-2.011; and authorize the Mayor and City Clerk to execute the. appropriate contract for construction of Water Well '3A anal Water Well 5. 2. Authorize the Director of Public Works to expend a total of $2,556,000, which includes the construction contract cost of $2,031,.000;., estimated change order contingency of $200000; $125,000 for construction management and inspection services; and, $200:000 for supplemental costs, including construction support services as needed. Alternative Action(s): 1. Deny the award of the `contract to Schuler Engineering, Inc. and select the other responsible bidder. 2. Reject all bids., do not proceed with construction and direct staff on how to proceed. I/ �s K REQUEST FOR ACTION MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-99 Analysis: Water Well 3A,is located at .1.7022 Oak Lane (just south of Warner Avenue). Water quality results indicate that this well is suitable for production.. Water Wela No 5 is located at 8651 Warner Avenue. It-has been in operation since 1969. The,welll-facility,,(e.g: he structure:and appurtenances,;;but-not the well itself)-is scheduled to =be demolished and rebuilt for various reasons, including the following: • it does not conform to current seismic-and building codes., • the equipment has outlived its life expectancy and is.in need of replacement, • . numerous noise.complaints have been received from the adjacent neighbors,'and replacing the existing gas engine with an electric motor will greatly reduce noise levels. The requirements for these two facilities are very similar, generally consisting of the construction ' of an approximately 90.0 square foot structure to house mechanical and electrical equipment necessary,,,to .produce.potable water directly to our water distribution system. Because of the similarities of-the two welffacili;ties, staff bid the projects together to realize costs savings .due:.to,economies-:of scale and-reduced,.administrative and inspection costs. On July 17, 20001 City-Counci -authorized the Director of Public Works to,request bids for the construction of-Water-Well 3A and Water Well 5. On September"26, 2000, two formal bids were received and publicly opened by the City Clerk, as follows: 1. Schuler Engineering, Corp. $22,�,031,000 2. Pascal and Ludwig, Inc. $2,111,479 The Engineer's construction cost estimate was $1,600,000. Although only two bids were received, both are very reputable firms that specialize in this type,of work and are within 4% of each other's total bid amount. The relatively low quantity , of bidders and the cost of.,the bids (approx. 20% above the engineers;estimate), arerl indicative of the` prosperous economy that the construction. industry :is currently enjoying. There is currently an,abundance of work and relatively.few�specialized,contractors available to meet the demands of .the bidding climate. It is very. unlikely that re-bidding the project would result in either a greater number of bidders, or lowercost bids. If the construction contract i awarded at this time, construction is scheduled to be complete by April 1; 2000. This will allow the City to realize significant cost savings by pumping well water at a lower cost than that of importing water from its MWD connections. RCA wells 3A&5 -2- 10/5/00 11:41 AM f f:r REQUEST FOR ACTION MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-99 The estimated total costs.of project construction are as follows: Construction-Contract.,(Schuler:Engineering,,Corp.) $2,031,000 Constructi.on-�C:hange Orders.(not-to-exceed) 200,000 Construction Management and Inspection 125:000 Project Supplemental Costs 200,0.00 TOTAL $21 556,000 The budget for'Construction Change Orders is estimated,to.be $200,000 or approximately 10% of the total cost of work.. These funds;are intended-to be used only in the,event that unforeseen field conditions warrant an expenditure of these additional funds. Prior authorization is necessary so that construction wi,l1,not be delayed. Construction;Management��and Inspecti.on-�Services willpbe provided by a-private firm under a separate contact, and will allow fu[I-time inspection and construction management service for this specialized construction. Proiect rS,upplemental Costs are recommended in the event that the City requires independent.testing; printing or other miscellaneous costs..that might arise:throughout the course.of,the,projeot. These-.costs aIso.include-con struction sup porthservices.to be provided by the design firm Cash & Associates, including necessary-site visits, shop drawing review, etc. to ensure that the engineer's:intent in the construction documents is adhered to during construction. Public.Works Commission Review The,Commission reviewed and supported staff s request to advertise for competitive bids on June 21, 2000 by a vote of 4-0-3. (Commissioners Johnson, Piechota and Smith were absent). Environmental.Status: The Well 5 project has I been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15302 (c). The Well 3A project has .been determined to be Categorically Exempt, pursuant to the California Environmental Quality Act, Section 15303, Class 3. Attachment(s),:. City Clerk's Page Number . Description i 1. Well,No. 3A- Location Map 2. Well No. 5- Location Map RCA Author: D. De Bow:jm: X5528 RCA wells 3A&5 -3- 10/5/00 11:41 AM ATTACHMENT # 1 W' A R N E R A V E N U E zi 1 I 1 I O d OF ALLEY PROJECT LOCATION WELL 3A LOCATION MAP N.T.S. ATTACHMENT #2 I o � \ o o I W z v Z w JI i \ � I z � Xfj J ui Lo `\� CyA N /V E � N N W A R N E R A V E N U E PROJECT LOCATION WELL 5 LOCATION MAP N.T.S. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award of Construction Contract for Water Wells 3A and 5 COUNCIL MEETING DATE: October 16, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 16 �o Assistant City Administrator Initial City Administrator Initial /dam City Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: D.DeBow :jm Extension 5528 -;X,a g-Zy—� SECTION A �5� $ � � q �- NOTICE INVITING SEALED BIDS for the WATER WELL 3A (CC-1114) and WATER WELL 5 (CC-1059) CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on September 26, 2000. Bids will be publicly opened 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 $50.00 nonrefundable fee if picked up,or payment of a$75.00 nonrefundable fee if mailed. Any Contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions the State 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 Industrials Relations of the Sate of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A mandatory pre-bid meeting will be held on Wednesday, September 20, 2000 at 8:30 am in City Hall Room B-7; City of Huntington Beach (2000 Main Street), for the purpose of reviewing bid documents and bidder questions, as well as visiting the sites. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: The work generally includes the simultaneous development of two water well (one new, one re-build) sites in the city of Huntington Beach, including (electric motor driven) pumping equipment, approximately 900SF structures, and some off-site improvements. The project schedule is 130 calendar days. The engineer's estimate for the work included in the contract is approximately $1.66 million. 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 17th day of July 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 Council/Agency Meeting Held: co Deferred/Continued to: -- )<Approved ❑ Conditionally Approved ❑ Denied '�v Cit. CI 's ignature Council Meeting Date: July 1.7, 2000 Department ID Number: PW00-057 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSO 0. SUBMITTED BY: RAY SILVER, City Administratorok./ PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works .: SUBJECT: AUTHORIZE REQUEST FOR BIDS FOR CONSTRUCTION OF WATER WELL NO. 3A (CC-1114) AND RECONSTRUCTION OF WATER WELL NO. 5 (CC-1059) Statement of Issue,Funding Source,'Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Plans and specifications for the construction of Water Well No. 3A (.CC-1114) and reconstruction of Water Well No. 5 (CC-1059) are in final preparation, and will be ready for bid request upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. Funding Source: The engineer's estimate for the construction of these two projects is $1,800,000: There is currently $675,000 available in FY 1999-2000 Account No. E-EW-PW- '648-6-31 for the construction of Well No. 5 and $2,000,000 available in FY 2000-2001 Account No. E-EW-PW-961-6-29-00 for the construction of wells. Pending receipt of the actual construction bids,, a Fiscal Impact Statement will be prepared and submitted to City Council, with the recommendation that funds budgeted for well projects in FY 2000-2001 be brought forward and combined with current year well funding for the award of this contract in this.fiscal year.. Recommended Action: Motion to: 1. Authorize the Director of Public Works to advertise for bids for the construction of Water Well No. 3A (CC-111.4) and Reconstruction of Water Well No. 5 (CC-1059) upon approval and, 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder. Alternative Action(s): Recommend denial of the request to advertise this project and provide staff with alternate direction. Page 10 - Council/Agency Agenda—July 17, 2000 (City Council) Approve Plans and Specifications and Authorize Advertisement of Bids for the Traffic Signal Improvements at Newland Street/Warner Avenue, Bolsa Chica Street/Wamer Avenue, Edwards Street/McFadden Avenue, Gothard Street/Slater Avenue, and Goldenwest Street/Palm Avenue; CC-1128 -Approve Sample Contract (600.55) - 1. Approve the plans and specifications for traffic signal improvements at Newland/Wamer, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Goldenwest/Palm, CC-1128, and authorize the Director of Public Works to advertise the project after receiving approval to proceed from CalTrans; and 2. Approve the attached sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder; and 3. Approve the purchase of City-supplied signal appurtenances for this construction project. Submitted by the Public Works Director. Funding Source: Hazard Elimination Safety (HES) Fund. Engineer's project estimate is $501,000. [Approved 7-0] --6] (City Council) Approve Plans and Specifications and Authorize Advertisement'for Bids of the Traffic Signals at Yorktown Avenue/Florida Street and McFadden Avenue/Graham Street; CCA 135 -Approve Expenditure of Funds -Approve Sample Contract (600.55) - 1. Approve the plans and specifications for the traffic signal installation at Yorktown Avenue and Florida Street and McFadden Avenue and Graham Street, CC-1135, and authorize the Director of Public Works to advertise the project; and 2. Approve the attached sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder; and 3. Approve the purchase of traffic signal poles, mast arms, Luminaire mast arms and other city-supplied signal appurtenances for this construction project. Submitted by the Public Works �... Director. Funding Source: Air Quality Fund ($250,000). Engineer's project estimate is $225,000. [Approved 7-0] (City Council)Authorize Request for Bids for Construction of Water Well No. 3A (Oak Lane); CC-1114 -and Reconstruction of Water Well No. 5 (Warner Avenue); CC-1059 -Approve Sample Contract (600.75) -1. Authorize the Director of Public Works to advertise for bids for the construction of Water Well No. 3A (CC-1114) and Reconstruction of Water Well No. 5 (CC-1059) upon approval; and, 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder. Submitted by the Public Works Director. Funding Source: Engineer's estimate for the construction of these two projects is $1,800,000. $675,000 available in FY 1999-2000 account for the construction of Well No. 5 and $2,000,000 available in FY 2000-2001 account for the construction of wells. [Approved 7-0; In future, request Fund Account be included in RCA + Separate memo included on status of water fund. Mayor Garofalo requested update on Ground Water Replenishment.] REQUEST FOR COUNCIL ACTION MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-057 Analysis: Water Well No. 3A is located at 17022 Oak Lane (just south of Warner Avenue). Water quality results indicate that this well is suitable for production. Water Well No. 5 is located at 8651 Warner Avenue. It has been in operation since 1969. The well facility (i.e. the structure and appurtenances, but not the well itself) is scheduled to be demolished and rebuilt for various reasons, including the following: ♦ it does not conform to current seismic and building codes ♦ the equipment has outlived its life expectancy and is in need of replacement ♦ numerous noise complaints have been received from the adjacent (residential) neighbors. (Replacing the existing gas engine with an electric motor will greatly reduce the levels of noise generated.) The requirements for these two facilities are very similar, basically consisting of the construction of an approximately 900 square foot structure to house mechanical and electrical equipment necessary to produce potable water directly to our water distribution system. Because of the similarities of the two well facilities, it is staff's intention to bid the two projects together and award as a single construction contract. Due to economies of scale, reduced administrative and inspection costs, etc. a cost savings should be realized in doing so. Well No. 5 is in essence a re-build project; therefore, no entitlements were required. However, because of its proximity to a Redevelopment Area, the Well No. 3A project was presented to the City's Design Review Board, where it was approved (with conditions) on May 11, 2000. Public Works Commission Review: The Commission reviewed and supported staff's request to advertise for competitive bids on June 21, 2000 by a vote of 4-0-3, (Commissioners Johnson, Piechota and Smith were absent). Environmental Status: The Well 5 project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15302( c ). The Well 3A project has been determined to be Categorically Exempt, pursuant to the California Environmental Quality Act, Section 15303, Class 3. Attachment(s): City Clerk's . - NumberDescription -I. Well No. 3A-Location Map 2. Well No. 5-Location Map 3. Sample Contract RCA Author: Debbie DeBow:jm RCA Re Bids for WW 3A and WW 5.doc -2- 07/05/00 11:13 AM ATTACHMENT # 1 W' A R N E R A V E N U E <1 IF QI -------- , o C OF ALLEY PROJECT LOCATION LOCATION MAP N.T.S. ATTACHMENT #2 o W z a ` 2 W � � a J ( \ w \\ CHANNEL Ln N uj N W A R N E R A V E N U E PROJECT LOCATION LOCATION MAP N.T.S. ATTACHMENT #3 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATER WELL NO. 3A (CC-114) AND WATER WELL NO. 5 (CC-1059) TABLE OF CONTENTS Page No. I. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 jmp/k/agree/form/con-sam/6/20/00 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATER WELL NO. 3A(CC-114) AND WATER WELL NO. 5 (CC-1059) THIS AGREEMENT, made and entered into this day of 2000,by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of Water Well No. 3A(CC-1114) and Water Well No. 5 (CC-1059) 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 furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, 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, RJW/2000Agree/Waterwe113A 1 SAMPLE 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 under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; RJW/2000Agree/Waterwell3A 2 SAMPLE 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 of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition of Standard Specifications for Public Works Construction,published by Builders'News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, 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 (attached hereto as Exhibit "A"); 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 discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said bid or proposal which is in conflict herewith. RJW/2000Agree/WaterwellM 3 SAMPLE 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 Dollars ($ ), 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred eighty(180) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, RM/2000Agree/Waterwell3A 4 SAMPLE 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, RM/2000Agree/Waterwell3A 5 SAMPLE for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll RJW/2000Agree/WaterwellM 6 SAMPLE deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the RM2000Agree/Waterwell3A 7 SAMPLE time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the 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 waiting for materials required by this Agreement to be furnished to 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefore 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 material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) 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. The DPW shall promptly RM/2000Agree/Waterwell3A 8 SAMPLE 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 such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder,provided, however, the time prescribed therefore may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. RJW/2000Agree/Waterwe113A 9 SAMPLE 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 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 by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and 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. RM/2000Agree/Waterwell3A 10 SAMPLE 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an 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 and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. RJW/2000Agree/Waterwell3A I I SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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 maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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$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 RJW/2000Agree/Waterwe113A 12 SAMPLE than$1,000,000. Said policy shall name CITY, its officers, and employees 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, or a"deductible" or any other similar form of limitation on the required coverage. 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; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all RM/2000Agree/Waterwell3A 13 SAMPLE said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a 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 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. RJW/2000Agree/Waterwe113A 14 SAMPLE 24. NON-ASSIGNABILITY 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 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, 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. RJW/2000Agree/Waterwe113A 15 SAMPLE 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 30. 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. RM/2000Agree/Waterwell3A 16 SAMPLE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: _Ll-60 1 INITIATED AND APPROVED: City Administrator Director of Public Works RM/2000Agree/Waterwell3A 17 SAMPLE RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE REQUEST FOR BIDS FOR CONSTRUCTION OF WATER WELL NO. 3A (CC-1 114)AND RECONSTRUCTION OF WATER WELL NO. 5 (CC-1 059) COUNCIL MEETING DATE: July 17, 2000 ..................... .......... .............. .. . ...... .. . ........... ... ......... . ................ .......... .............. ............ . ................ ... RCA ............ ..........---.................... ...................... .................. . ATTACHM ENTS STATU1S-----....... ..................... .. . ..... ........... ................ ...................................... .. ....----......... .............................. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable .. . ..........— ....... ............... ......... EXPLANATIONT0 RMISSINGATTACHMENTS:.:. ....... .. . ......... —::RETURNED::::::::::: "FORWARDED' ................ ..... ...................... REV1EWED .............. Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) City Clerk -EXPLANATION FORAETURWOV ITEM+ ........................ ............. (Below Space For City Clerk's Use Only) RCA Author: Debbie DeBow-jm "ITY CLERK CITY OF HUNTING TON'CAN BEACH,CA 1880 SEP 2b P is 5q .1 y} a I# T I If'. WOO Yrai October 9, 2000 Eric Charlonne Contract Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Insured: Schuler Engineering Corp. General Liability Policy CPP 1219786-00 Pennsylvania General Insurance/CGU Dear Mr. Charlonne: We have prepared an Insurance Certificate for our client, Schuler Engineering, to cover their operations on the Water Well 3A (CC1114) &Water Well 5 (1059) Construction Contract. Among the insurance requirements, was a request that the Certificate include wording to the effect that..."coverage is not subject to any deductible...". Schuler Engineering's General Liability policy contains a $2,500 Property Damage only deductible. There is no deductible for claims other than Property Damage claims. Schuler's General Liability insurance is placed with CGU Insurance Companies/Pennsylvania General Insurance, (an A rated company). Given the nature of contractors' work, it is not at all unusual to have a small deductible. Schuler Engineering has had no claims against its General Liability policy. Hopefully the no deductible requirement be waived with respect to Schuler Engineering's Property Damage. Very truly yours, The Wooditch ompany ice Youn ar Account E ecutive INSURANCE SERVICES,INC. INSURANCE SERVICES,INC. One Park Plaza,Suite 400 4330 La Jolla Village Drive,Suite 270 Irvine,California 92614 San Diego,California 92122 (949)553-9800 Fax(949)553-0670 (619)455-4888 Fax(619)455-4889 COPIES TO: Front Desk Engineer City Clerk WATER WELL 3A & WELL 5 CC - 11 IN CC - 1059 SEPT. 26, 2000 @ 2:00 PM (Engineer's Estimate: $1 .66 Million) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Allied Steel Co., Inc. $ 2. Automation Masters $ 3. Bakersfield Well & Pump Co. $ 4. Beard Electric $ 5. Eppers Electric $ 6. Howard Pump Inc. $ 7. Industrial Const. & Electric $ 8. Marden Susco $ 9. Pascal & Ludwig 2 $ 10. Rivera Irrigation $ 11. Rockwell Electric, Inc. $ 12. Roscoe Moss Company $ U:5. Schuler Engineering /i $ n 2 1 1 ) VJ ) coo 14. Shultz Electric $ 15. West & Sylvester $ 16. Western Jalco $ 17. $ G\BID LIST No bid shall be con- NOTICE INVITING sidered unless it is SEALED BIDS prepared on the ap- for the WATER proved Proposal forms WELL 3A (CC-1114) in conformance with the and WATER WELL instructions lions to Bidders. PROOF OF PUBLICATION 5 (CC-1059) �Pa�d by a�rtified CITY OF check, cashier's check, HUNTINGTON or bidder's bond made BEACH payable able to the AGE no NCY STATE OF CALIFORNIA) ess PUBLIC NOTICE IS HEREBY GIVEN that man he of the amount �the CITY OF HUNT-i bid. The successful bid- ) ,INGTON BEACH, as' der shall be licensed in SS. !AGENCY, invites sealed 'accordance with bids for the above stated provisions of the Busi- County of Orange ) projects and will receive ness and Professions such bids in the office of Code and shall possess the City Clerk, Second a State Contractor's Floor, 2000 Main Street, License Class at the Huntington Beach, Cali- time of the bid opening. I am a Citizen of the United States and a hour f 2?00 PM on Sep The successful Subcoc- tor and Ms Subcon- resident of the County tember 26, 2000. Bids tractors will be required aforesaid; I am will be publicly opened in to possess business the Council Chambers licenses from the over the age of eighteen years, and not a unless otherwise AGENCY. party to posted. A mandatory pre-bid o r interested i n the below copies of the Plans, meeting will be held on d Specifications, a con- Wednesday, September entitled matter. I am a principal clerk of tract documents are 20, 20W at 8:30 am in available from the office the City Hall Room B-7, the HUNTINGTON BEACH INDEPENDENT a work Director 000 f Public Main Beach of(2000 t� Main newspaper of Street, for the se printed Street, Huntington ) puffer genera circulation,I ati o n, Beach, CA 92648, upon of reviewing bid docu- and published in the city payment of a $50.00 ments and bidder ques- of Huntington nonrefundable fee if tons, as well as visiting Beachpicked up,or payment of the sites. , County of Orange State of a $75.00 nonrefunable Pursuant to the am- fee if mailed. mended Public Contract California, and that attached Notice is a Any Contract entered 'Code. Section 3400, into pursuant'to this no- Contractors are now re- rinted tice will incorporate the quired to submit all true and complete copy as wasp provisions of the State substitution requests for and published in Labor Code. Pursuant to equal materials or sys- th e Huntington B each the provisions the State tems prior to award of and Fountain Labor Code of the State the contract during a pe- Valley issues of said of California, the min- riod specified in the bid newspaper to wit the issue(s) of: them prevailing rate per documents. No diem wages for each substitution requests craft, classification or will be considered af- type of workman needed ter award of the con- to execute the contract tract. August 31, 2000 shall be those de- Project Description: termined by the Director The work generally in- of Industrials Relations cludes the simultaneous September 7. 2000 of the State.of California, development of two wa- which are on file at the ter well,(one new, one September 14, 2000 office of the Director of re-build) sites in the city Public Works, 2000 of Huntington Beach, in- Main Street, Huntington cluding (electric motor Beach, CA 92648, driven) pumping equip. The AGENCY will de- ment, approximately duct a 10% retention 900SF structures, and I declare, under penalty of perjury, that from all progress pay- some off-site improve- , ments. The Contractor ments. The project the foregoing is true and correct. may substitute an schedule is 130 calen- escrow holder surety of dar days. The engi- equal value to the reten- neer's estimate for the tion in accordance with work included in the con- the provisions of the Cal- tract is approximately ifornia Government $1•.66 million. Executed on SeI°tember 14 r 2000 Code, Section 4590. The AGENCY re- al Costa Mesa, The Contractor shall be any or the right to reject California. beneficial owner a the any irfellularit to d waive surety and shall receive take all bids under any interest thereon. The AGENCY hereby advisement for a affirmatively ensures maximum period of 60 iY da s. that minor business y n,....-- BY ORDER of the CITY COUNCIL of the enterprises will be af- CITY OF HUNTINGTON forded full opportunity to BEACH, CALIFORNIA dayofJuly submit bids in response The 17th day of July to this notice and will not 2000 be discriminated against Attest: g on the basis of race, Connie Brockway, Signature color, national origin, CITY CLERK OF THE ancestry, sex, or religion CITY OF HUNTINGTON in any consideration BEACH ,leading to the award of Published Huntington contract. Beach-Fountain Valley Independent August `31, September 7, 14, 2000 085-942 No bid shall be con- NOTICE INVITING sidered unless it is SEALED BIDS Prepared on the ap- f" #* WATER proved Proposal forms. WELL 3A (CC-1114) in conformance with the and WATER WELL instructions to Bidders. The bid must be ac- 5 (CC-1059) companbed by a certified CITY OF check, cashier's check, PROOF OF PUBLICATION HUNTINGTON or bidder's bond made BEACH payable to the AGENCY PUBLIC NOTICE IS for an amount no less HEREBY GIVEN that than 10% of the amount STATE OF CALIFORNIA) the CITY OF. HUNT- bid. The successful bid- INGTON BEACH, as der shall be licensed in AGENCY, invites sealed accordance with ` bids for the above stated, Provisions of the Busi- 1 S S projects and will receive ness and Professions such bids in the office of Code and shall possess the City Clerk, Second a State Contractor's C o u n ty of Orange License Class at the Floor, 200o Main Street, Huntington Beach, Cali- time of the bid opening. fomia, 92648, up to the The successful Contrac- hour of 2W. PM on Sep- for and his Subcon- I am a Citizen of the United States and a tember 26, 2000. Bids tractors will be required will be publicly opened in to possess business li censes resident of the County aforesaid otherwise I am the Council Chambers AGENCY, from the posted. A mandatory pre-bid over the age of eighteen years, and not a Copies of the Plans, meeting wilt be held on Specifications, and con- Wednesday, September party to or interested in the below tract documents are 20, 2000 at 6:30 am in entitled matter. I am a principal clerk of available from the office the City Hall Room ton of the Director of Public City of Huntington the HUNTINGTON BEACH INDEPENDENT a works, 200o Main Beach (2the Main Street, Huntington Street): for the purpose r Beach, CA 92648, upon of reviewing bid docu- newspa er of general circulation printed payment of a $50.0 menu and bidder ques- t i nonrefundable fee P lions, as well as visiting picked up, or payment of the sites. and published In the City of Huntington a $75.00 nonrefunable Pursuant to the am- BeachCounty of Orange State f fee if mailed. mended Public Contract , , o Any Contract entered Coda Section 3400, into pursuant to this no- Contractors are now re- California, and that attached Notice is a lice will incorporate the quired to submit all provisions of the State substitution requests for true and complete copy as was printed Labor Code. Pursuant to equal materials or sys- the provisions the State tems prior to award of and published in the Huntington Beach Labor Code of the State the contract during bid of California, the min- riod specified in thea bid and Fountain Valley issues of said them prevailing rate per documents. No diem wages for each substitution requests craft, classification or will be considered af- newspaper to wit the issue(s) of: type of workman needed ter award of the con- to execute the contract tract. shall be those de- Project Description: termined by the Director The work generally in- August 31 , 2000 of Industrials Relations cludes the simultaneous of the State of California, development of two wa- 7 which are on file at the ter well (one new, one September 2 0 0 0 office of the Director of re-build) sites in the city Public Works, 2000 of Huntington Beach, in- September 14 r 2000 Main Street, Huntington cludin (electric motor Beach, CA 92648. driven .pumping equip- The AGENCY will de- merit, approximately duct a 10% retention 900SF structures, and from all progress pay- some off-site improve- ments. The Contractor ments. The project I declare under penalty of perjury, that may substitute an schedule Th ceien- r � escrow holder surety of dar days. The engi- equal value to the reten- neer's estimate for the the foregoing is true and correct. tion in accordance with work included in the con- the provisions of the Cal- tract is approximately ifornia Government $1.66 million. Code, Section 4590. The AGENCY re- The Contractor shall be serves the right to reject Executed on September 14 20oo beneficial owner of the, any or all bids, to waive r surety and shall receive any irregularity and to any interest thereon. take al bids under at Costa Mesa, California. The AGENCY hereby advisement for a affirmatively ensures days.maximum period of 60 that minority businessBy ORDER of the CITY COUNCIL of the enterprises will be af- CITY OF HUNTINGTON forded full Opporturwty to BEACH, CALIFORNIA submit bids in response _17th daayy o of f July 2000 .to this notice and will not Attest., be discriminated against Connie Brockway, on the basis of race, CITY CLERK OF THE color, national origin, CRY OF HUNTINGTON at vestry, sex, or religion BEACH ignature 1n any consideration 'Published Huntington ;leading to the award of Beach-Fountain Valley contract. Independent August 31, September 7, 14, 2000 085-942 s Bond No.____999 32 58 _. Fidelityand Deposit Company POST OFFICE BOX 1227 OF MARYLAND BAL77MORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: SCHUT FR ENGINEERING CORPORATION That we, -------------------------------------------------------------------------------------------------------------------------------------- ------------------- -------------------------------------------------------------------------------------_..._-, as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto---CITY-OF HUNTINGTON BEACH, CA -------------------------------------- -----------------------------------------------------------------------------------------------------as Obligee, (hereinafter called the "Obligee"), in the sum of_-TEN_PERCENT-OF-THE_TOTAL A4CUNT OF THE BID-IN._-----Dollars ($_10$------------------------), 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____-!�) WELL 3A (CC-1114) and ----------------------------------------------------------------------- WATER WELL 5 (CC-1059) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 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 into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this-----------1:1 ---------------------------_--day of_---------Se-pteRtber,--2000----------A.D., --- SCHULER ENGINEERING CORPORATION ------------------------------------------------------ Principal ------------------------------------------ Witness Ca ------ - ------------------------------------------------------- Bruce A. Schuler, Title President FIDELITY AND DEPOSIT COMPANY OF 4�'LAND urety - ---------------------------------------- By- -- -- - -- -- ------ ---------------(SEAL) Witness 1ii chae ari71de C325f-50M,7-92 236374 AttO y in fa t Conforms to American Institute of Architects Document A-310, February 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Los An eles ss. County of g •I September 13 On 0before me Katherne . Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public-) personally appeared R. Langan Name(s)of Signer(s) personally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed' to the within instrument and acknowledged to me that he/fit executed I L. BANKS the same in his( authorized KATHERINE 1 ..I&My Comm.if 1 t BAN capacity([s), and that by his/ { (� NOTARY PUBLIC-CALIFORNIA N signature( on the instrument the person), or Lot Anoeles County the entity upon behalf of which the person(o Comm.Expires Jan.31,2002 acted, executed the instrument. WITNE my hand and official seal. / Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: Sept. 13, 2000 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ O Individual D Corporate Officer—Title(s): Top of thumb here :2 Partner—C Limited ❑General Attorney in Fact 0 Trustee Guardian or Conservator O Other: l FIDELITY & DEPOSIT CCMPANY OF MA M-Mo Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Aw.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1.800-876.6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael R. Langan of Pasadena, Calif 0 e and lawful agent and Attorney-in-Fact,to make,execute, deliver,f on its behalf as surcty,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . . . e execution of such bonds or undertakings in purs these pr , shall be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been d uted and ledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper This r of attorney revokes that issued on behalf of Michael R. Langan, dat ecemb 1985. The said Assistant Secretary does hereby certi a extra on the reverse side hereof is a true copy of Article VI,Section 2, of the By-Laws of said Company, and is n orce. IN WITNESS WHEREOF, the said Vice-Pre nt and Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AN SIT CO OF MARYLAND, this M 16th day of --- April , A.D. 19 9 _^�, FIDEL AND D COMPANY OF MARYLAND ATTEST: 0SEAL01— As ' y Vice-Pr ident STATE OF MARYLAND COUNTY of BALMIORE ss' On this__ 16th day of ARril _—, A.D. 19 93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C.M.PECOT,JR.,Vice-President and C.W.ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Pueuc g' CAROL L FADER Notary Public My Commission Expires_______---August 1�1996_Y---____ CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-taws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 13th day of____SePterber �000 X _ Assistant Secretary — Llazac —012-7454 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I - State of Californial ss. County of Riverside I On September 25, 409re me, Kimberly C. Weir, Notary Public , Date Name and Title of officer(e.g.,"Jane Doe,Notary Public") I personally appeared Bruce A Schiller , Name(s)of Signer(s) )❑ personally known to me ❑ proved to me on the basis of satisfactory ' I evidence to be the persora) whose nameW is= subscribed to the within instrument and acknowledged to me that hem executed the same in him authorized KI issio C. WEIR p yM ` Commmission# 1240146 ca acit and that by him � z !Votory Public-CaliforniasignaturEM) on the instrument the persona, or Riverside County the entity upon behalf of which the personjj I My Cortm.WrMOct30,2M3 acted, executed the instrument. I WITNES my hand and official seal. I I I Place Notary Seal Above Signal katy. Public I OPTI AL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond l I Document Date: September 25. 2000 Number of Pages: One I Signer(s) Other Than Named Above: I I � Capacity(ies) Claimed by Signer Signer's Name: Bruce A. Schuler _ ❑ Individual Top of thumb here X1 Corporate Officer—Title(s): President ❑ Partner—❑ Limited ❑ General L ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Schuler Engineering Corporation i 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402-www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.876.6827 r Schuler Engineering Corporation �. 564 W. Bateman Circle Corona, CA 92880-2011 ,;,3f:<; ' "� (909) 738-9215lubi i. _ A'. ♦r EY t=� t'. Y "SEALED BID" for CONSTRUCTION CONTRACT NO. CC-1114 and �A ' the CC-1 059 in CITY OF I UNTINGTON BEACH a JPv y t 3�"�,,�++ •i�,.e t tF 9 -€.n'� c(, u s ,z e� � -� s rx A '�"sf t � _ `'yY ""�r 3•��� s y'•� ``�_'� ;n �'}�*` �.t`��'�:� � y, �Gr'}, r l' �,- ''S}�r '��� �?,ra %��, .r.« SECTION C L PROPOSAL for the WATER WELL 3A(CC-1114)AND WATER WELL 5(CC-1059) 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 130 calendar days,starting from the date of the Elotice 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 PROJECT BID SCHEDULE-WELL 3A ILI I Ri* �'tem "I7'nrt ntxawrrttenm- of s� DIV Lump Sum' General Requirements per Lump Sum of 01 A1,"-t'y'—t:4 tee iho vm-LAP Dollars(in words) $ 93 Oho-- (in figures) DIV Lump Sum' Sit Work pe um Sum of 02 R.V t Dollars(in words) $ '7 , Oy — (in figures) DIV Lump Sum* Co rete r L�p Sum of 03 �NL&g ` `����.s5o•�+G� Dollars(in words) $ (&S'4 Opp -- (in figures) DIV Lump Sum' Masonry per Lump Sum f Oq ®ug 110 ,, ow� �uc1•a?I�1,pu�a�+t,a Dollars(in words) $ 107,000 — (in figures) DIV Lump Sum' Met l u Sum of 05 r o Dollars(in words) $ (in figures) DIV Lump Sum* Wood and Plastics per Lump Sum of 06 Dollars(in words) $ $ (in figures) DIV Lump Sum* The al&Moisture Protection per ump Sum of 07 4W e w—vt%bo 2 Dollars(in words) $ 000 (in figures) DIV Lump sum* Doo�.ac►d Windows per Lump§um of 08 J r✓G 'rjA,0v 5&A,47 Dollars(in words) $ �O 00 (in figures) DIV Lump Sum* Fini es ump Sum of 09 GU jre,CtIL ";HA�N S 4.,.11d Dollars(in words) (in figures) rDIV Lump Sum* Specialties(NOT USED) 10 DIV Lump Sum* E uipmen per Lump um of 1 I Dollars(in words) $ 160,0oo 9Y (in figures) DIV Lump Sum* Furnishings(NOT USED) 12 DIV Lump Sum' Special Construction(NOT USED) 13 DIV imp um vng stems LmSum 14 1Aa%060.AXDollars(in words) $ 143,400 EW (in figures) C-1 S.1 ` DIV Lump Sum* hanical r Lump S 15 Dollars(in words) O (in figures) DIV Lump Sum* Electrical r Lum Sum of 16 � -M.1 VC4 [iiJsMy p Dollars(in words) S 13 "0 0 O (in figures) Grandtotal Amount Bid In Figures**:$ fl-70 Ou O o0 Grandtotal Amount Bid in Words**: Oue of ah m- 0 coo *Lump sum includes furnishing all mobilization,transportation,labor,equipment and materials required to construct all improvements and miscellaneous work in accordance with the drawings and specifications. **Grandtotal shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 2 through 16 shall be identified separately and included in Division 1. C-1 S.2 PROJECT BID SCHEDULE-WELL 5 rrtemE wed _ tem:�►n nit- 'ce _ an�0frds o �24anb' DIV Lump Sum* General Requireme is per Lum Sum of 01 Q 1&.1-cl r<CG u.3 4-"0 !' ' Dollars(in words) S. p (in figures) DIV Lump Sum* Si a Work er Lump Sum of [ 02 Dollars(in words) $ _ (in figures) DIV Lump Sum* Co rete r Lump Sum of 03 1 t V Dollars(in words) S. — (in figures) DIV Lump Sum* Maspivy per 14wp S of Ord 4 l�tUe- I Vt.OV S&A,ge Dollars(in words) $ 7; 1000 (in figures) DIV Lump Sum* Metaf,,perLum u o J 05. v Al Dollars(in words) $ $ OD (in figures) DIV Lump Sum* Wood a94 Plastics per Lump Sum of 06 Dollars(in words) $ (in figures) DIV Lump Sum* The 1 Moisture Pr tection per L mp Sum of 07 Dollars(in words) $ — (in figures) DIV Lump Sum* Door.% d NY,indows per Lump Su of 08 'mot t/ V S�G�.�. Dollars(in words) $ (in figures) DIV Lump Sum* Finishes per Lpmp Sum f 09 Wy t � to 5�.ic►G( Dollars(in words) $ 17" 0 O •- (in figures) DIV Lump Sum* Specialties(NOT USED) 10 DIV Lump Sum* Equ' ent p mp Lu um o 11 � u S� uS�I�• Dollars(in words) $ (in figures) DIV Lump Sum* Furnishings(NOT USED) 12 DIV Lump Sum* Special Construction(NOT USED) 13 DIV Lump Sum* Co�✓�ing Systems per L mp Sum of 14 ,ivQQgk-w v S x6 Dollars(in words) $ C�GO — (in figures) C-1 S.3 J DIV Lump Sum* Njeofinical ump um 15 _ � !1ti 7zw .IOyS ZDollars(in words) $ * p p (in figures) DIV Lump Sum* Electrical per Lump S of 16 QUcs L}�Iytd�tc� �- daA�-Nu Dollars(in words) $ O O — (in figures) Grandtotal Amount Bid In Figures**:$ q(o I'D O p o 0 Grandtotal Amount Bid in Words**: kj,�aE Ov jA il- -- *U *Lump sum includes furnishing all mobilization,transportation,labor,equipment and materials required to construct all improvements and miscellaneous work in accordance with the drawings and specifications. **Grandtotal shall include all work necessary to provide all improvements and services indicated in the drawings and specifications for a completely functional facility allowing for Huntington Beach occupancy. Any work not clearly a part of Divisions 2 through 16 shall be identified separately and included in Division 1. r C-1SA If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find Bidders Bond in the amognt�of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond",as the case;nay be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 9/25/2000 C2 ti LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number .-iftj C At �- K ' 5 MPc- " - ,vvs� Qob &j re-r%_ Sp"Try 62D94G3 Mojac cam. v% - Cater ova 4— 37) 47 3 uae T>Zl cower pm?- SAS W 1144 Z C�A�Ca. 120 r> &LM - C 1 -­-- 0 s2160,�;_ 1-rq&0 . 79t4D1 4-A to;(4,i NMT, .4y. rsrw 7-f717>0 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 �>t NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ` ss. County of Orange i Bruce A. Schuler , being first duly sworn, deposes and says that he or she is President of Schulex � C w ation 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. Schuler Engineering Corporation Name of Bidder ' Signature of Bidder Bruce A. Schuler 564 W. Bateman Circle, Corona, CA 92880 Address of Bidder Subscribed and sworn to before me this 25th day of September, 200 0 KIMBERLY C. WEIR Commission#1240146 Z Notary Public-Cc knjo Z WMyComm.EPVh30ct3MZMi Riverside County NOTARY PUBLIC ' NOTARY SEAL a4 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 WATER WELL 3A (CC-1114) AND WATER WELL 5 (CC-1059); (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8,California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Schuler Engineering Corporation Contractor By President - Bruce A. Schuler Title Date: 9/26/2000 , 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 ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Schuler Engineering Corporation Contractor ey President - Bruce A. Schuler Title Date: 9/26/2000 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed-and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By h Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Schuler Engineering Corporation Bidder Name 564 W. Bateman Circle Business Address Corona, CA 92880-2011 City, State Zip ( 909 ) 738-9215 Telephone Number 389852 Class A, B, C-10, HAZ State Contractor's License No. and Class 5/09/1980 Original Date Issued 5/31/2002 Expiration Date The work site was inspected by of our office on SWtember 19 , 200 Q. x The following are persons, firms, and corporations having a principal interest in this proposal: sz Schuler Engineering Corporation i 1 . 10 l C-9 1 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. Schuler Engineering Corporation Company Name Signature of Bidder i Bruce A. Schuler - President Printed or Typed Signature Subscribed and sworn to before me this 25tttday of September , 200 KIMBERLY C. WEIR _ Commission# 1240146 Notary Public-Colifomb Z Riverside County _ My Comm.Emkas Oct 30,2= NOTARY PUBL 7�"/ NOTARY SEAL Listed below are the names, add Zssd telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Garden Grove / 11222 Acacia Parkway, Garden Grove, CA 92842 Name and Address of Public Agency Name and Telephone No. of Project Manager: Terry Lane 714-741-5395 $5,200,000.00 Water Reservoir and Pump Station 6/1996 Contract Amount Type of Work Date Completed 2. City of Bell Gardens / 7100 South Garfield Ave, Bell Gardens, CA 90201 Name and Address of Public Agency Name and Telephone No. of Project Manager: William Pagett 562-806-7774 $1,513,190.00 Wellhead and Water Treatment 5/2000 Contract Amount Type of Work Date Completed 3. City of Tustin / 300 Centennial Way, Tustin, CA 92780 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gary Veen 714-573-3381 $615,086.00 Reservoir and Booster Station 6/2000 Contract Amount Type of Work Date Completed C 10 FOU CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 190 California 92648 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 WATER WELLS 3A (CC-1114) AND WATER WELL 5 (CC-1059) BID ADDENDUM NUMBER 1 September 22, 2000 NOTICE TO ALL CONTRACTORS: Please note the following clarification/revisions to the Project Construction Documents: 1. WATER WELL 5: The drainage to the Orange County Flood Control Channel will necessitate the issuance of an Encroachment/Construction permit issued by the County for this work, which will be obtained by the City. Although this permit will be at no cost to the contractor, the successful contractor is required to name the County as an "Additional Insured" on the approved insurance certificate, pursuant to the attached requirements (Exhibit A, attached). This work will be subject to additional inspection/approval by the County. 2. WATER WELL 5: The City will be responsible for removal of product from waste oil tank. 3. WATER WELL 5: Re: Drawing No. E-6 of 7, Detail No. 1: DELETE THE FOLLOWING SENTENCE, REFERENCING TO THE MAIN DISTRIBUTION PANEL (MDP1. "Owner Furnished. Contractor Installed. Refer to Sheet E-2 Detail 1 Notes." It is the intent that the contractor shall furnish and install a new MDP, complete with circuit breakers, as shown and as specified within the construction documents. 4. WATER WELL 3A: Re: Drawing No. E-6 of 7, Detail 1: DELETE THE FOLLOWING SENTENCE: "Refer to Sheet E-2 Detail 1 Notes." It should be noted that the Main Distribution Panel (MDP) has been and is currently installed on the site in a temporary location complete with 1-3PST 600A breaker. The 3PST 50A breaker will be supplied by the City and shall be installed by the successful contractor. The successful contractor shall disconnect all wiring and conduit serving the MDP. Further, the successful contractor shall relocate the MDP to its permanent location complete with new wiring and conduit as shown within the construction documents. 5. WATER WELL 3A: RE: Detail 7 on Sheet M-9). DELETE THE FOLLOWING SENTENCE: "City of H.B. will be responsible for isolating/depressurizing and draining the 21"distribution tie-in loop." ADD THE SENTENCE_ "The City of Huntington Beach will be responsible for operating the valves to isolate the 21-in distribution tie-in loop A drip-tight shutdown is not-guaranteed. The contractor shall be responsible for draining testin-g, disinfecting and disposal of water from the pipeline in accordance with the construction documents." It should be noted that the nearest isolation valves on the 21- in pipeline in Warner Ave. are at Newland St. (approx. 4000 ft. to the east) and in Nichols St. (approx. 3500 ft. to the west/south). Although the contractor will not be responsible for maintaining service to any (City) customers served from this isolated pipeline, (since it is a major transmission main), bidders should be aware of the distance between the isolation valves. Contractor shall be responsible for pressure testing and disinfection in accordance with the construction documents, and should be cognizant of the volume of water involved. It is critical that the contractor coordinate this work with the City. The City will not allow the 21-inch pipeline to be taken out of service prior to February 1. 2001. This Addendum shall prevail over all other sections within the contract documents. Very truly yours, De rah M. De o , P.E. Associate Civil Engineer This is to acknowledge receipt and review of Bid Addendum Number 1, dated September 22, 2000. It is understood that this Addendum shall be included in the proposal. yau/ ogoo , /ti Company Name By Zoo Date Cc: All planholders • ■■■■��■■■■■■■■`irk �wr�r�i■■■%■■■■■■■■1�I�ONE - ■■■■■■■■■■■■■rll I'll■►I■llll■■■■■■■■■111l■■■ ■■■■■►�■■■■■■fir/l l■I,ili%■■■■■■■■■111�■■■ ■��■■�1�■�■■■/I■���■■►/■■■■■■■■■■ III■■■• ■■■■■ '■■■■wI�■■■lI■■II■■■■■■■■■■■■II ■■■ goo ■■■■■■■I■iti■■��iiiG�■■■■■■■■■■■■■■�1111■■ ol ■■■■■■■■■1l■■■1■■■■■■■■■■■■■■■■■■■Ill■■• - - ■■■■■■�■■11■■�1■■■�■■■■■■■�■■■■■■■III ■ • • ■■■■■1�■■■■■t%�.■r.'�/I■■■■■■■■■■IIII■■■ ■■■■■�!■■■■wI■■■I/■■II■■■■■■■■■■■IIII■■■ ■■■■■■1�■■■�1■■■'1■■1�■■■■■■■■■■■■■IIII■■■• ■■■■■■1�■■tl11■■�■■■'/■■■■■■�■■■■■■IIII■■■ ■■■■■■■I■■�!■■■�■■t/■■■■■■■■■■■■■■■IIII■■ ■■'■■■■■■�■■%!■■�1�■■�■■■■■■■■■■■■■IIII■■: ■■■■■■■■■11■■■I■■■■■■■■■■■■■■■■■■■IIII■• - ■■■■■■■■■I■■■11■■■I■■■■■■■■■■■■■■■■IIII■■ ■■■■■■■■■I■■■11■■■I■■■■■■■■■■■■■■■0IIII■■• ■■■■■■■■■I■■■11■■■I■■■■■■■■■■■■■■■■IIII■ ■■■■■■■■■I■■■1�■■■I■■■■■■■■■■■■■■■■IIII■ ■■■■■■■■■I■■■1■■■�1■■■■■■■■■■■■■■■■IIII■ ■■■■■■■■■I■■■1■■■■1■■■■■■■■�■■■■■■■IIII■• ' ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■i�i�■mil"i7i'>'�'�1■■■■■■■■■■■■■■■■■■ • . ■ ■■■■■■■■■■■■■■■■■■��■■�■■�!■\■■■■■■■ ■IIII■■■■■■■■■■■■■■■■1�■■■1■■■i■■■■■■■■■ mom ir ■IIII■■■■■■■■■■■■■■■■I�■■�1■■■I■■■■■■■■■ ■IIII■■■■■■■■■■■■■■■■1�■■/1■■■I■■■■■■■■■ ■IIII■■■■■■■■■■■■■■■■t■■■1 i■■■I■■■■■■■■■ ,. . •■■IIII■■■■■■■■■�■�■��■I■■■;1■■■I■■�■■��■■■■IIII■■■■■i■■■ ■ ■ ■I■■■ 1■ / ■ ■\IIII■■■■■■■■■■■■■■■■!■■■11■■/1■■■■■■■■■ ' ■■IIII ■■■■■■■■■■■■■■/1■■■■■■I■■■I■■■■■■■ . •■■IIII■■■■■■■■■■■■■■�_!.��■■��■■■t�■■■■■■ • �■■■IIII■■■■■■■■■■//.�'i�■�i��■■■■■■\I■■■■■ • ■■■IIII■■■■■■■■■//%�%■17I/Ca■■■■■\�■■■■■ •■■■■I/1■■■■■■■.%■■►'!■■/Ili■■■■■■■■►\■■■■ Bond No.----999 32 58 Fidelityand Deposit Company POST OFFICE BOX 1227 OF MARYLAND BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: SCHULER ENGINEERING CORPORATION Thatwe- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto----CITY- OF HUNTINGTON BEACH, CA -------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------as Obligee, (hereinafter called the "Obligee"), in the sum of__TEN_.PERCENT OF THE TOTAL AMOUNT OF THE BID IN--------Dollars ($-10%-------------------------) 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-- WATER_WELL 3A (CC-1114) and -------------------------------------------------------------------------- WATER WELL 5 (CC-1059) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this-----------13th ------------------------------day of_---------SWtember, 2000 A.D., --- SCHULER ENGINEERING CORPORATION -------------------- --------------------------------------•-_-(SEAL). Principal ---------------------------------------------- --------------------- Witness ------ -- --------------------------------------------------------- Bruce A. Schuler, Title President FIDELITY AND DEPOSIT COMPANY AMYLANDurety------------------------------------------------------------------------- BY -- -- -- --------- (SEAL) Witness 1K]Cha2 Title C325f-50M,7-92 236374 AttO y in fa Conforms to American Institute of Architects Document A-310, February 1970 Edition. FIDELITY AND DEPOSIT COMPANY OF MARYLAND POST OFFICE BOX 1227 BALTIMORE, MD. 21203 BID BOND w O ' 0 z PLEASE READ YOUR BOND CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'y I State of California Angeles ss. Los County of � On September 13, 2000before me, Katherine L. 'Banks j Date Name and Title of Officer(e.g..'Jane Doe,Notary Public") "s 9an personally appeared Michael R. Lan � Name(s)of Signer(s) l personally known to me 0 proved to me on the basis of satisfactory evidence •l to be the person() whose name(s) islame subscribed to the within instrument and acknowledged to me that he/3baftyc executed KATHERINE L. BANKS the same in his/ authorized �k THERIComm E 1171810. BAN ffee capacityWs), and that by his��' r ((� NOTARY PUBLIC-CALIFORNIAU7 signature(so on the instrument the person4), or Los AnOeles County the entity upon behalf of which the person(sO My Comm Expires Jan.31,2002 acted, executed the instrument. i WITNE my hand and official seal. i�f/�.� �e--- Place Notary Seal Above Signature of Notary Public •f OPTIONAL T Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND �l Document Date: Sept. 13, 2000 Number of Pages: 1 Signer(s) Other Than Named Above: ' l Capacity(ies) Claimed by Signer Signer's Name: u Individual l Top of thumb here Corporate Officer—Title(s): l Partner—❑ Limited O General Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY & DEPOSIT CCMPANY OF MARYLAND l •l m 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,aALnMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR.,Vice-President,and C.W.ROBBINS,Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Michael R. Langan of Pasadena, Calif -its true an awful agent and Attorney-in-Fact,to make,execute,se deliver,f on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . km ine execution of such bonds or undertakings in purs these p , shall be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had been d uted and ledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper This r of attorney revokes that issued on behalf of Michael R. Langan, dat ecemb 1985. The said Assistant Secretary does hereby certi a extra on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is n orce. IN WITNESS WHEREOF, the said Vice-Pre nt and Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND IT CO OF MARYLAND, this— 16th __—day of - __April--------- A.D. 19 9 �^�, FIDEL AND D T COMP M ANY OF ARYLAND ATTEST: 51_AL By - As Vice-Pr ident STATE OF MARYLAND COUNTY OF BALTIMORE Jlj �' On this----16th---day April...___ A.D. 19_93, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR.,Vice-President and C.W. ROBBINS,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ruauc g CAROL L FADER _ Notary Public My Commission Expires_--_____—___August_]_1996____________ CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate sea] of the said Company, this _lath day of__-_-September , _2000_ P9x----- --------------------------- - --------- - ------------------------------------- Assistant Secretary Llaz& —012-7454 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the sea]of the Company thereto." Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Riverside On September 25, ?"e me, Kimberly C. Weir, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Bruce A Schur Name(s)of Signer(s) ):2 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persors) whose namelp is= subscribed to the within instrument and acknowledged to me that hem executed ►� the same in him authorized KIMBERLY C. WEIR capacity=, and that by him Commission# 1240146ACalifornia signaturEM) on the instrument the persona, or Notory Public-ouny �f the entity upon behalf of which the personle Riverside County qPMyC0rnM.EKPkMOCt30,2XI31 acted, executed the instrument. WITNES my hand and official seal. Place Notary Seal Above Signature4taLy Public OPTI AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: September 25, 2000 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Bruce A. Schuler _ ❑ Individual K1 Corporate Officer—Titte(s): President Top of thumb here ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Schuler Engineering Corporation 01999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.nationalnotaryorg Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827