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West Valley Construction Company, Inc. - 2006-02-21
''"'V�.'�'r�►T^��'n7g7�'_„ _T'^"r+r`�wR'��TP'A` tT�... �..r.'��wT_ � _ RECE ED BY: (Nam)°I' i (Date) CITY CLERK RECEIPT COP Retum DUPUCA CRY Clerk's after signing/deting CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for ! KS77 lip`/ ( U�� ^ u7d . Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 7�A Guarantee and Warranty Bond No. 44A-e 1A �LA6 Ay _ Re: Tract No. CC No. .3 MSC No. Approved o Agenda Item No. L.:- ( Aw oiw Date) City Clerk Vault No. #27 9JW0wWlbo 4Gtter dw City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth, Contract Administrator DATE: August 9, 2007 SUBJECT: Retention Release Payment Company Name: West Valley Construction, Inc. Address: 10226 Greenleaf Avenue City, State and Zip Code: Santa Fe Springs, CA 90670 Phone Number: (562) 941-7454 Business License Number:A261654 Local Address: N/A Notice of Completion Date:6/11/2007 Contract Purpose: Retention Release for Cash Contract 1273, 42" Transmission Water Main Slipline Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. => 1 Travis Hopkinsf, Acting Public Works Director, Engineering I certify that there are no outstanding invoices on file. �-7r0_) Date Shari Freidenrich, 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 D. v . J D � a e Joan Flvrr City Clerk 1273 retention release memo 8/1 /2007 4:24:00 PM L M� le -A (Name of Declarant) CONTRACTOR'S CERTIFICATE state and certify that: 1. VS/ts Va/Iey wns o� ;,0 1 �.c. is the general contractor to the City of Huntington Beach ("City") on Contract No /2 ?3 (the "Contract") for the construction of the public work of improvement entitled: dig k%� �4� r 1r� n .J tii i �fs�o .•r /�'�a••, .S'��o L m iJ (the "Proj ect") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write (NONE" ): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): /1/vne I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at So.r+i as 4r►A!Ls , LQ • on this z69 day of JIV , 2007. (Signature of Declarant) lt4," APPROVED AS TO FORM By: �1�/c —RJ 3• Zo•otr Name: [Type Name) Title: [Type Title] 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: W /Z 73 Project: 2:;-44 W^Ae,- The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2 day of �/� , 20 o h, at �c �p.�►�gs ,California. West Valley Construction (Type Contractor Name) By: Nam Title 1LJ 3 • ab - C(p 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: A% /2 '7_3 Project: y2 ze4 ol... ,l I'str.fYrt/.LS'Io M rr� GJ/! t �tJ➢ / CG The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2s1f► day of 20 %� at Sa.nCalifornia. West Valley Construction (Type Contractor Name) By: _ Name: Title: [Type Name] Mitch Ward [Type Title] A8 Tolow Division Mgr. MItA CITY ATTORNEY 4 Tl"S US - ab • 010 247542.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved aY o fro (Coupfcil Approval Date) w1dw W sj--)Q�10-lj 4�a 3L�A6 Agenda Item No. City Clerk Vault No. #27 g1followup/bondletter.doc , A 1=1 E 'I MAINTENANtE,' BIOND Bond. 6272675 K,NO'W'ALL-BYt'T[18S,E,l�RE�SE�4�rS,Tba't,me, West Valley Construction Company, Inc. as'Pri Principal; and.SAFEC.0'INS AMERICA. _n - URANC�t(,OMPANY 0 - ERl_ A s4tcci4nsufance Company PA Box-34526, ,Seatde;_Wk 98_124-152r�l a corporationorganized.under the, , laws_oflfieState,of Washington -and ,duly. :authorized do do business in the -State -ofCalifornia ,as Suiety4 are hew -and firmly bound unto CIty of Huntington Beach of Public Works, 2000 Main Street Huntington Beach, CA 92648 as'Obfigee, in the;penal sumof.Two million three thousand seven hundred eighty four and twenty three cents ($ 2,003,784.23 well and -truly tobe made we do bind ourselves, our and each of our heirs, executors, administrators, successors and severally', flrffirly by these presents: WHEREiAS,'the said,Principal entered intwaContract with, the City of Huntington Beach dated 02/21/06 for 42" Water Transmission Main Slip -Line Project CC 1273 WHEREAS, , said Contract has'been c 28th qmpleted an was approved, on d dayofJune 2007 NOW, THEREFORE, THE, CONDITION OF THIS OBLIGATION IS SUCH, That: if, 't.ho Principal shall guarantee that the work will be: -free of any defective materials or workmanship which 'became-- ap, ,parent, during the period of one 'hall be void-, otherwisetoieffiahvin qo ons., ffiff force, and effect, provided however, any additional warranty or, guarantee whether expressed or implied is extended by the Pfiricipafof Manufacturer only, aiid',thf Surety assumes Umes- - no liability for such guar'Anfiee. Sign ed sealed this 30th day of July 2007 West Valley Construction CornpanyAc (Seal) (Seal) Dennis L. Poncato, Assistant Vice President (Seal) sAFECO INSURANCE COMPANY OF AMERICA, By Ca e ne I Attomey-in-Fact S-084XSAFF10/99 FRP i POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 4284 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********CATHERINE S. BUI; ERIK JENSEN; GABRIELA MARTINEZ; CYNTHIA VASQUEZ; C. A. WEDDELL; San Jose, California************ its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 22nd day of February 2007 STEPHA_NIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, U) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof-" I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th � CORPORATE SEAL y SEAL �l953 1023 d Vp wA oltvxs day of July 1 2007 ,4�� J,6V,214e� STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 07/30/07 , before me, Erik S. Jensen, Notary Public Date Name, Title of Officer Personally appeared Catherine S. Bui Name(s) of Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that l she/tMj, executed the same in IM/her/tl & authorized capacity(ies), and that by 1AX/her/tUk signature(s) on instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. t (Seal of Notary) Signature of Notary Copyright 1993 National Notary Association Canoga Park, CA Acknoldg 6193 ERIK S..►EIVSEN Comm.111631779 NOTARY PUBLIC-CALIFORNIA SANTA CLARA COUNTY Comm.Expires Dec. 20, 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 7/31/07. before me Valerie U. Azevedo. Notary Public Date Personally appeared Name, Title of Officer Dennis L. Poncato Name (s) of Signer (s) personally known to me ( ) to be the person (s) whose name (s) is/tee subscribed to the within instrument and Acknowledged to me that he/she4hey executed the same in his/hef4heir- authorized capacity (ies), and that by his/hef signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. Witness my hand and official seal. (Seal of Notary) Signature7��L (-I d Signature of VALERlE U. AZEVEDO Valerie U. ezevedo Commission # 1451412 Z Notary Public - California Santa Clara County My Comm. Expires Dec 3, 2007 CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: (Name and address) City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 PROJECT: (Name and address) 42" Water Transmission Main Slip Lining Project Cash Contract 1273 Bond No. 6272675 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑✓ OTHER ❑ ARCHITECT'S PROJECTNO.: 381-011 CONTRACT FOR: Cash Contract 1273 CONTRACT DATED: 02/21/2006 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) Safeco Insurance Company of America 1390 Willow Pass Road, Ste. 900 Concord, CA 94520 ,SURETY, on bond of (Insert name and address of Contractor) West Valley Construction Company, Inc. 580 E. McGlincey Lane Campbell, CA 95008 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address ofOwner) City of Huntington Beach 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: July 2, 2007 (Insert in writing the month followed by the numeric date and year.) Safeco Insurance Company of America (Sur (Sign atu authortz repr yenta. Attest: (Seal): Catherine S. Bui, Attorney -In -Fact (Printed name and title) S-2134/GEEF 10/01 FRP POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 4284 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint * ... * CATHERINE S. BUI; ERIK JENSEN; GABRIELA MARTINEZ; CYNTHIA VASQUEZ; C. A. WEDDELL; San Jose, California**"-*** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 22nd day of February 2007 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation this SEAL sy l953 S-0974/DS 4/05 2nd day of July 1 2007 4%EAI. x y� �1s23 STEPHANIE DALEY-WATSON, SECRETARY rO(Was� Safeco® and the Safeco logo are registered trademarks of Safeco corporation. WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 07/02/07 , before me, Erik S. Jensen, Notary Public Date Name, Title of Officer Personally appeared Catherine S. Bui Name(s) of Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/me subscribed to the within instrument and acknowledged to me that lxoVshe/tkxX executed the same in bs/her/t er authorized capacity(ies), and that by tds/her/ter signature(s) on instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (Seal of Notary) Signature of Notary ERIK S. JENSEN Comm. N1631779 mNOTARY PUBLIC • CALIFORNIA 4m Copyright 1993 National Notary Association SANTA CLARA COUNTY io—comm.Expires Canoga Park, CA Dec. 20, 2009 Acknoldg 6/93 PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail B RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Department of Public Works Construction Division Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder ���IUII��IIIp�IIIIIIII�NI�I���l�lll� NO FEE 2007000407262 01:54pm 06/27/07 102 48 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to West Valley Construction Company, Inc. who was the company thereon for doing the following work to -wit: 42" TRANSMISSION MAIN SLIP -LINING PROJECT; CASH CONTRACT NUMBER 1273 That said work was completed June 11, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on June 11, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Safeco Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this June 12, 2007. rector of Public rkJ or City Engineer / City of Huntington Beach, California STATE OF CALIFORNIA) (� County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this June 12, 2007. lector of Public Works or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) � - IM v 0.1]c 109lnr) 20-Day Preliminary Notice (For use on private work and public work) (To be used by suppliers, subcontractors, architects, engineers and other non -contractors) General Contractor L- rc (Name) (Address) A�1 OS 2A (City. State, Zip) To Owner, Reputed Owner, or Public Agency: , (Name) "n1 A (Address) (City. State, Zip) 11 rlld T -1) Construction Loan No. (if known) Lender or Subcontractor (Name) (Address) (City, State. Zip) Note- This is NOT a lien on your property but a notice required by law to alert you to the possibility of liens being filed in the future if all parties who furnish labor and materials to your job are not paid in full Person Furnishing Labor, Services, Equipment or Material: Barney's Hole Digging Service, Inc. (Name) 3252 Cherry Ave (Address) Long Beach, CA 90807 (city, State. Zip) Description of Labor, Services, Equipment or Material Supplied, or to be Supplied: Equipment & Labor to Drill Holes (General Description of Labor, Services, Equipment or Material to be Supplied) The Above Furnished To: (Name of Person Who Contracted For Labor, Etc) (Address of Person Who Contracted For Labor. Etc) ✓ (Address of Job Site) An estimate of the total price of the labor, services. equipment - p or materials furnished or to be furnished is: SG� (Dollar Amount Must be Furnished to Construction Lender Optional as to Owner or Contractor) Trust Funds to which Supplemental Fringe Benefits are Payable 10perating Engineers PO Box 764 Pasadena (Name) (Address) Notice To Property Owner If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property even though you have paid your contractor in full_ You may wish to protect yourself against this consequence by 1) Requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or 2) Any other method or device which is appropriate under the circumstances. PROOF OF SERVICE AFFIDAVIT I, Paula Felix declare that I served copies of the above Preliminary Notice (check appropriate box) (a) By personally delivering copies to (name and title of person served) on at (date), at time t (b) X By First Class Certified or Registered Mall Service. postage prepaid. addressed to each of the parties at the address shown above on Febrtlary_22 2007 I declare under penalty of perjury that the foregoing is true and correct Signed at LonlBeach. CA on i late — Iv,a�°alwe� 1097 MAR -2 PM 2: 22 CIT Y CLERK CITY OF HUNTINGTON BEACH RECEIVED BY: (Name) (Date) h- CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION tau TO: Sharj,freidenrich, City Treasurer •ri�%f%L$'7.� ATE: SUBJECT: Bond Acceptance I have received the bonds for (Comp6ny Name) Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Mainte ance Bond No. y Re: Tract No. CC No. MSC No. Approve4(CoAdAppmo4�aID2ate) 6a�LA4 7 Agenda Item No. _ City Clerk Vault No. All , r: #27 g:/followup/bondletter doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND �T ���'-_'�' y' �NS f IZ ticl G1•� �GM�I�N `Tf ZN C FOR TABLE OF CONTENTS Paie No STATE OF WORK ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES I 1 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION DEFENSE HOLD HARMLESS 12 WORKERS COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS ESTIMATES AND OTHER 16 NON ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL. SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY S FEES 18 INTFRPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WEST V A LLZCON Srau c r) o.) Co ns p A u -17WC FOR c-C - Q13 q 1 r# 1 V PI AyN SLIP Pa03 £ r-i" THIS AGREEMENT ("Agreement") made and entered into this A % V- day of FE-,8,4 yA ,V 20 a b by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter referred to as "CITY " and W£Sr VIrLLAV C0N57-n,"-77u,v CamR6 �'aCalifornia CC PoRArTIoAJ , hereinafter referred to as 'CONTRACTOR ' WHEREAS CITY has solicited bids for a public works project hereinafter referred to as "PROJECT " more fully described as 412 0' 1J4-/-V2 1h,41,1 SLi P - L IA1/1/ & PjPQJ Ec 7— - C-C- 12-� 3 in the City of Huntington Beach and CONTRACTOR has been selected to perform said services NOW THEREFORE in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows 1 STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish at its own cost and expense, all labor plans tools equipment supplies transportation utilities and all other items services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT during its progress or prior to acceptance by CITY, from agrcc/fonns/city const/A 03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work except such as are herein expressly stipulated to be borne by CITY and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal 2 ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section) the location of the job site and the conditions under which the work is to be performed and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors if any shall be bound by the Contract Documents insofar as they relate in part or in any way directly or indirectly to the work covered by this Agreement "Contract Documents as defined herein mean and include A This Agreement B Bonds covering the work herein agreed upon agee/foimskitycnnsdA 03 2 C The CITY s standard Plans and Specifications and special contractual provisions including those on file in the office of the Director of Public Works of CITY and adopted by the City Council and any revisions, amendments or addenda thereto D The current edition of Standard Specifications for Public Works Construction published by Builders' News Inc 10801 National Boulevard Los Angeles CA 90064 and all amendments thereto written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee E Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR's proposal (which is attached hereto as Exhibit "A" and incorporated herein by this reference) F The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications shall be of like effect as if indicated and mentioned in both In case of a discrepancy between any Plans Specifications Special provisions or Addenda the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as DPW ) and ogtcUformslcity const/4 03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents a sum not to exceed 014� Y�'►IC.uv..�� S£vS'.� /f✓Ni]rt.SA E'NO S£v[�✓rY ,FrPTT CS.�S 'o 770� O T'Hdusten, Eilo6}r (4LJA4 0 AMDTW'[W-r TWO D��"�-% Dollars ($ (,Qs2-2 5 ), as set forth in the Contract Documents to be paid as provided in this Agreement 4 COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Fo eT-r� (y D) consecutive Lo o R ION & 001rom 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 agree/forms/city consd4 01 4 other contractors, subcontractors and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors subcontractors and CITY forces and, in general all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW CONTRACTOR agrees to make any and all changes furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR, thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly agree/forms/city const/4 03 5 7 NOTICE TO PROCEED No work, services material or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY CITY does not warrant that the work will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site for any reason relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 8 BONDS Only bonds issued by California admitted sureties will be accepted CONTRACTOR shall prior to its performance of this Agreement furnish the following two (2) bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR s faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price including all change orders to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion 9 WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any workmanship installation fabrication material or structural facilities constructed CONTRACTOR within ten (10) days after notice by CITY of any defect in the work shall have the option to make appropriate repairs or replace agree/fonnslcdy consd4 03 6 the defective item or items Upon expiration of such ten (10) day period CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense 10 INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is and shall be acting at all times hereunder as an independent contractor and not an employee of CITY CONTRACTOR shall secure at its own cost and expense and be responsible for any and all payment of all taxes social security state disability insurance compensation unemployment compensation and other payroll deductions for CONTRACTOR and its officers agents and employees and all business licenses if any, in connection with the PROJECT and/or the services performed hereunder 11 LIOUIDATED 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 r/ Vf- A"V D.e C D Dollars ($ �5'-0 () O D ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay and CONTRACTOR agrees to pay these damages herein provided and agieelformsleity constl4 03 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR including but not limited to acts of God or of the public enemy fire floods, epidemics quarantine restrictions, strikes unsuitable weather or delays of subcontractors due to such causes CONTRACTOR shall within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time) notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if in its judgment the findings of fact thereon justify the delay and the decision of DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay No claims for additional compensation or damages for delays, irrespective of the cause thereof and including without limitation the furnishing of materials by CITY or agree/forms/city co= 4 01 8 delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR 12 DIFFERING SITE CONDITIONS A Notice CONTRACTOR shall promptly and before such conditions are disturbed notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or (2) Unknown physical conditions at the job site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement whether or not changed as a result of such conditions an equitable adjustment shall be made and the agreement modified in writing accordingly B Time Extension No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided however the time prescribed therefor may be extended by CITY a6rcdformslcity con%tl4 03 9 13 VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT in accordance with the plans and specifications Upon completion of the PROJECT if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section DPW may at its sole discretion when warranted by the facts and circumstances, order an equitable adjustment upwards or downwards in payment to CONTRACTOR where the actual quantities used to construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement If the quantity variation is such as to cause an increase in the time necessary for completion DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant 14 PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR When CONTRACTOR has, in the judgment of DPW faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule and if DPW finds that satisfactory progress has been and is being made CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of ageelformslcity constl4 03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts CITY's final payment to CONTRACTOR if unencumbered, or any part thereof unencumbered shall be made thirty five (35) days after the acceptance of the work and the filing of a Nonce of Completion by CITY Payments shall be made on demands drawn in the manner required by law each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as a acceptance of any part of the work 15 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR who shall retain beneficial ownership and receive interest if any thereon CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 16 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material except certain items if any to be set forth in CONTRACTOR's affidavit covering disputed claims or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California af,rcc/forms/city const/4 03 11 17 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend indemnify and hold harmless CITY its officers elected or appointed officials employees agents, and volunteers from and against any and all, claims damages losses, expenses judgments demands defense costs and consequential damage or liability of any kind or nature however caused including those resulting from death or injury to CONTRACTOR s employees and damage to CONTRACTOR's property arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR caused in whole or in part by any negligent act or omission of the CONTRACTOR any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable including but not limited to concurrent active or passive negligence except where caused by the active negligence sole negligence or willful misconduct of the CITY CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR 19 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861 CONTRACTOR acknowledges awareness of Section 3700 et seq of this Code which requires every employer dgree/r0ms/r1ty eontl4 03 12 to be insured against liability for workers compensation CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder CONTRACTOR shall obtain and famish to City workers compensation and employer's liability insurance in an amount of not less than the State statutory limits CONTRACTOR shall require all subcontractors to provide such workers compensation and employer's liability insurance for all of the subcontractors' employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 20 INSURANCE In addition to the workers compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT This policy shall indemnify CONTRACTOR its officers employees and agents while acting within the scope of their duties against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of One Million Dollars ($1,000 000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1 000 000) for this PROJECT This policy shall name CITY its officers elected or appointed officials employees agents and volunteers as Additional Insureds and shall specifically provide that any other insurance abrcclfomWoty const/4 03 13 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 famish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement the certificates shall 1 provide the name and policy number of each carrier and policy 2 state that the policy is currently in force, and 3 promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY CONTRACTOR shall maintain the foregoing insurance coverages to force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense hold harmless and indemnification obligations as set forth under this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance CONTRACTOR shall pay in a prompt and timely manner the premiums on all insurance heremabove required CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies naming CITY its officers, agree/forms/city constl4 03 14 elected and appointed officials employees, agents and volunteers as Additional Insureds to the City Attorney for approval prior to any payment hereunder 22 NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202 CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims 23 DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence or fails to complete the work within the time specified or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent or violates any provision of this Agreement or the Contract Documents CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR CITY may, without prejudice to any other remedy it may have terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement, in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR If it is subsequently determined by a court of competent jurisdiction that CITY s termination of this Agreement under this Section was wrongful such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23 agmelformslcity consd4 03 15 24 TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one half percent (7 '/z %) for overhead and profit less all such payments already made Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR 25 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon expiration or earlier termination of this Agreement all original plans specifications drawings, reports calculations maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 26 NONA S SIGNABILITY CONTRACTOR shall not sell, assign transfer convey or encumber this Agreement or any part hereof or any right or duty created herein, without the prior written consent of CITY and the surety 27 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code agree/forms/atyconst/4 03 16 28 STOP NOTICES RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices Notices to Withhold, or any similar legal document This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2) regardless of whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 29 NOTICES Any notices, certificates or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 heremabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U S certified mail return receipt requested TO CITY TO CONTRACTOR City of Huntington Beach WEST V Ate 4 (p N STL7tjC D0.,) &04 Pa A) Y� ATTN Dup p4r: V �Srca't weti2�it 2000 Main Street 1b��� G4���" t✓��F ����� Huntington Beach CA 92648 F9 '+'' I' 4bS, CA 9 0 67a -3y/8 13TTN De vL AZ7� VUR s agrecifonns/city const/4 03 17 30 SECTION HEADINGS The titles captions, section paragraph and subject headings and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret define limit or describe or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 31 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular comply with the provisions of Unitcd States Code Section 1324a regarding employment verification 32 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 33 ATTORNEY S FEES In the event suit is brought by either party to construe interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof each party abrcc!£onns/city const/4 03 18 shall bear its own attorney s fees such that the prevailing party shall not be entitled to recover its attorney s fees from the non prevailing party 34 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable void illegal or invalid such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision contained herein and any present or future statute, law ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 35 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 36 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall agreelf0r1)slL1ty con%U4 01 19 irrespective of the date of its execution and delivery be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 37 CONSENT Where CITY's consent/approval is required under this Agreement its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event 38 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive 39 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 40 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements promises agreements or warranties oral or otherwise have been made by that party or anyone acting on that party s behalf which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation inducement promise agreement, warranty fact or circumstance not expressly set forth in this Agreement This Agreement and the attached Exhibit "A" contain the entire agreement between the parties respecting the subject matter ,igrC0forms1ci1y consd4 03 20 of this Agreement and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day month and year first above written CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California West Valley Construction Company, Inc By 7:( 71t�u��L� Den,nisE L Poncato/Asst V Pi print name ITS (circle one) Chairman/PrestdentNice President AND By Charles J Kash pri nit-P am ITS (cticle one Secretary/Chief Financial Offic Asst Secretary Treasurer REVIEWED AND APPROVED C y Administrator Mayor ATTEST ity Clerk 3fiyJo�p� jAPPROV D AS TO FORM G City Attorney rNITIATED ANUAPPROVED Director of Public Works dgrtc/loans/city can%Z/4 03 21 CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the Construction of 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT No. 1273 Prepared Under the Supervision of: Q�qF ES G. , BF9�F�, N,. 44 42� Exp. ' 6 �r \�'T C(V1L \rF of cr:.�F° naiivaii yci i y, n. ,EXIV-1,6 17- '4 /2/5'/©5- o. C44642 Date i ,;6 I� J jr /2- 7-u5 David A. Webb, City Engineer, R.C.E. No. 47961 Date ii NOTE If there are any questions relativc to this project please call Andrew Ferrigno at 714 536-5291 CITY OF HUNTINGTON BFACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 92648 (714) 536 5291 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS A 1 SECTION B INS (RUCTIONS TO BIDDERS B-1 1 Proposal Forms B-1 2 Proposal Guarantee B-1 3 Proposal Signature B-1 4 Delivery of Proposal B-2 5 Return of Proposal Guarantees B-2 6 Takes B 2 7 Disqualification of Bidders B-2 8 Contractors License Requirement B 2 9 References B 2 10 Listing of Subcontractors B 3 11 Discrepancies and Misunderstandings B 3 12 Equivalent Materials B-3 13 Legal Responsibilities B-3 14 Award of Contract B-3 15 Material Guarantee B 4 16 Execution of Contract B-4 17 Submission of Bonds and Insurance B 4 18 Addenda B-4 19 Bid Protest B-5 20 Questions to the Engineer B-5 RE SECTION C PROPOSAL C 1 2 Project Bid Schedule C-2 — C4 List of Subcontractors C 4, C-5 Noncollusion Affidavit C-6 Utility Agreement C-7 Disqualification Questionnaire C-8 Compensation Insurance Certification C-9 Underground Service Alert - I D Number C 10 Bidder's Information C-11, 12 SECTION D SAMPLE CONTRACT D-1 SECTION E SPECIAL PROVISIONS E I PART I GENERAL PROVISIONS SECTION 1 - TERMS DEFINITIONS, ABBREVIATIONS AND SYMBOLS E-5 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK E-6 — E-9 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 3 — CHANGES IN WORK E 10 3 3 EXTRA WORK SECTION 4 CONTROL OF MATERIALS E-I I V 4 1 MATERIALS AND WORKMANSHIP SECTION 5 UTILITIES E-12 dl ry 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 51 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK E 13 E 19 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 7 TIME OF COMPLETION 6 9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR E 20 - E 25 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 72 LABOR 7 3 LIABILITY INSURANCE 7 5 PERMITS 7-8 PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL E 26 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT E 27 - E-34 93 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS E 35 200 1 ROCK PRODUCTS 200 2 UNTREATED BASE MATERIALS SECTION 201 -CONCRETE MORTAR AND RELATED MATERIALS E 35 201 I PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS E 36 203 6 ASPHALT CONCRETE SECTION 207 -- PIPE E 36 E 43 v r 207 9 IRON PIPE AND FITTINGS 207 10 STEEL PIPE 207 17 PVC PLASTIC PIPE SECTION 209 - ELECTRICAL COMPONENTS 209 2 MATERIALS PART 3 CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 1 CLEARING AND GRUBBING 300 2 UNCLASSIFIED EXCAVATION SECTION 302 ROADWAY SURFACING 302 5 ASPHALT CONCRETE PAVEMENT SECTION 303 CONCRETE AND MASONRY CONSTRUCTION E 43 - E-58 E 59-E 64 E-64 - E 67 E 67 303-5 CONCRETE CURBS, WALKS GUTTERS CROSS GUTTERS ALLEY INTERSECTIONS ACCESS RAMPS AND DRIVEWAY SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION E 68 - E 70 306 1 OPEN TRENCH OPERATIONS SECTION 310 - PAINTING E 70 - E-72 310 5 PAINTING VARIOUS SURFACES PART 5 SYSTEM REHABILITATION SECTION 500 - PIPELINE E 73 E 74 500 1 PIPELINE REHABILITATION 500-3 ANNULAR SPACE GROUTING APPENDIX I APPLICABLE CHB STANDARD PLANS APPENDIX It APPLICABLE CHB STANDARD SPECIFICATIONS APPENDIX III INSURANCE AND INDEMNITY REQUIREMENTS APPENDIX IV GEOTECHNICAL REPORT APPENDIX V SAMPLE CITY BUSINESS LICENSE APPLICATION APPENDIX VI SENATE BILL 1563 APPENDIX VII MAINTENANCE WORK TRAFFIC CONTROL MANUAL APPENDIX VIII CCTV VIDIO EQUIPMENT PROCUREMENT SPECIFICATION APPENDIX IX CITY OF HUNTINGTOM BEACH CONFINED SPACE ENTRY PROGRAM Vi k L SECTION A NOTICE INVITING SEALED BIDS for the Construction of 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT NO 1273 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk Second Floor 2000 Main Street, Huntington Beach, California 92648 up to the hour of 2 00 PM on January 12 2006 Bids will be publicly open in the Council Chambers unless otherwise posted Copies of the Plans Specifications and contract documents are available from the Office of the Director of Public Works 2000 Main Street, Huntington Beach CA 92648 upon payment of a $60 00 nonrefundable fee if picked up, or payment of a $85 00 nonrefundable fee if mailed via U S Postal Service FedEx, UPS or any other delivery service Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of tndustnal Relations of the State of California which are on file at the Office of the Director of Public Works 2000 Main Street Huntington Beach, CA 92648 ' The AGENCY will deduct a 10% retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code Section 4590 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race color national origin ancestry sex or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders 1 Al 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 Project Description The work generally includes the construction of approximately 3 230 lineal feet of 30-inch pipe by open -cut excavation and by slip -lining into an existing 42-inch buried pipeline within local streets of the City of Huntington Beach The contract allows the contractor a period of time to successfully procure materials required to construct this project with 40 working days for construction to complete the contract The Engineer s preliminary estimate is $1 3 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 12th day of September 2005, by resolution No 2005-64 Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A I SECTION B INSTRUCTIONS TO BIDDERS I Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY All information requested therein must be clearly and legibly set forth in the manner and form indicated The AGENCY will reject any proposal not meeting these requirements The bid shall be tiled with the City Clerk, Second Floor City Hall 2000 Main Street Huntington Beach California which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice inviting Sealed Bids The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids Bidders or their authorized agents are invited to be present at the opening Unauthorized conditions, limitations or provisions attached to a proposal will render it informal and may cause its rejection The complete proposal forms shall be without interlineations, alterations or erasures Alternative proposals will not be considered unless requested No oral telegraphic, or telephonic proposals or modifications will be considered The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to but not after the time fixed for opening of bids provided that the request is in writing that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY 2 Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashiers check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal Any proposal not accompanied by such a guarantee will not be considered Said check or bond shall be made payable to the AGENCY and shall be given as a guarantee that the bidder if awarded the Work will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided In the case of refusal or failure to enter into said contract, the check or bond as the case may be shall be forfeited to the AGENCY 3 Proposal Signature If the proposal is made by an individual it shall be signed and his frill name with his address shall be given if it is made by a firm it shall be signed with the co -partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal and the names and titles of all officers of the corporation shall be given B-1 4 Delivery of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside "SEALED BID" For Construction of 42—INCH WATER TRANMISSION MAIN SLIP -LINING PROJECT in the CITY OF HUNTINGTON BEACH — DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids Late proposals will not be considered 5 Return of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents Within 10 working days after the award of contract the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders 6 Taxes No mention shall be made in the proposal of Sales Tax Use Tax or any other tax as all amounts bid will be deemed and held to include any such taxes which maybe applicable 7 Disqualification of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal all such proposals will be rejected and the bidder will be disqualified This restnetion does not apply to subcontractors or suppliers who may submit quotations to more than one bidder and while doing so may also submit a formal proposal as a prime contractor S Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164 9 References All reference information called for in the bid proposal must be submitted with the bid proposal B2 10 Listing of Subcontractors ' Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid 11 Discrepancies and Misunderstandings ' Bidders must satisfy themselves by personal examination of the work site plans specifications and other contract documents and by any other means as they may believe necessary, as to the ' actual physical conditions requirements and difficulties under which the Work must be performed No bidder shall at any time after submission of a proposal make any claim or ' assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job Should a bidder find any errors omissions or discrepancies in the plans specifications and other contract documents or ' should he be in doubt as to their meaning, he shall notify the AGENCY Should it be found necessary a written addendum will be sent to all bidders Any addenda issued during the bidding period shall farm a part of the contract and shall be included with the proposal ' 12 Equivalent Materials ' Requests for the use of equivalents to those specified must be submitted to the AGENCY 10 working days prior to the need of such materials Within that time the AGENCY will issue a written response indicating approval or disapproval of such request It is the sole responsibility ' of the successful bidder to prove to the AGENCY that such a matenal is truly an equivalent 13 Legal Responsibilities All must be submitted filed made and executed in accordance with State and Federal proposals ' laws relating to bids for contracts of this nature whether the same of expressly referred to Herein or not Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms conditions provisions and requirements set forth, contemplated and referred to in the ' Plans Specifications and other contract documents and to full compliance therewith Additionally any bidder submitting a proposal shall by such action thereby agree to pay at least the minimum prevailing per diem wages as provided in Section 1773 et seq of the labor code ' for each craft classification or type of workman required as set forth by the Director of Industrial Relations of the State of California 14 Award of Contract The award of contract if made will be to the lowest responsible bidder as determined solely by the AGENCY The AGENCY reserves the right to reject any or all proposals to waive any irregularity and to take the bids under advisement for a maximum period of 60 days In no event will an award be made until all necessary investigations are made to the responsibility and ' qualifications of the bidder to whom the award is contemplated B-3 15 Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying penods of time from the date of acceptance of the work by the AGENCY The work to be guaranteed, the form and the time limit of the guarantee will be specified in the special provisions Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY Upon completion of the contract the amounts of the two contract bonds required in Section 2 4 "CONTRACT BONDS " of the Standard Specifications for Public Works Construction may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period However the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion 16 Execution of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee If the successful bidder fails to execute the contract the AGENCY may award the contract to the second lowest responsible bidder If the second lowest responsible bidder fails to execute the contract the AGENCY may award the contract to the third lowest bidder On the failure of such second or third lowest responsible bidder to execute the contract such bidders guarantees shall be likewise forfeited to the AGENCY The work may then be re advertised 17 Submission of Bonds and Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract The successful bidder shall provide a certificate stating that the bonding company is admitted to do business in the State of California This certification may be obtained from the Executive Officer and Clerk of the Superior Court at the following address & phone Orange County Superior Court Probate Court Operations 341 The City Drive P O Box 14171 Orange CA 92613-1571 (714) 935-6061 Contact Linda C Wallace Prior to the issuance of the Notice to Proceed the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company naming the AGENCY as an additional insured 18 Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid B-4 package Failure to submit any such addenda with the bid package may render the bad irregular and shall result in its rejection by the AGENCY 19 Bad Protest To be considered timely a bid protest must be filed within the following time limits (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest but no later than five calendar days after the date of when the Bids were due to the AGENCY 20 Questions to the Engineer Questions regarding the bid documents (i e plans, specifications, contract documents bid forms etc ) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A Questions asked of the Engineer after this time will not be addressed B5 SECTION C ' PROPOSAL for the CONSTRUCTION OF ' 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT No 1273 1 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 lsi Notice to Proceed will be issued for materials procurement After undersigned submits proof of materials procurement and a detailed construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2°d Notice to Proceed to the undersigned to commence immediately with the ' physical site work thereafter to be completed within a Forty (40) working day Construction Period 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 WFST VAttEY CONSTRUCTION COMPANY, TUC 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 secunty 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 r 7D7RS"-n 7r-in the arnourrt%f !P ,,,,o -,rrF-r)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 Nam Item No Description Quantity Unit Unit Cost Total Cost 1 Mobilization 1 LS $ 39, 2.t�o ` 2 Procurement of Video Camera for CCTV inspection of 42 inch pipeline 1 LS $ 4'I,°i3o- $ 49, 9.30 3 Preliminary Inspection and Testing of existing pipeline 1 LS $Ro, $ 9r>, too ` 4 Traffic Control include traffic control plans 1 LS $ r3 7LO $ c ,�2-0 5 Potholing 4 EA $ 3,335" $ 13,34d' 6 Protect in place or replace existing utilities 6 EA $312.80" 7 Lxcavation Sheeting Shoring & Bracing 1 LS $93t�a $ q 3ioo- 8 Launching and Receiving Pits 4 places 1 LS $ ` Z, 590 WFST VAT i rV COINT97WTrT ON f"OMPAVY, TNP C2 11 n- I I Item No Description Quantity Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $ ZZ1 Qo $_70`J 4-to co 10 Connection to existing 30 inch pipe inc 30 inch Steel Spool and Isolation flange Kit 1 LS $Z Sao- $ Z6 8410 ' 11 30 inch steel Bulkhead with 4 inch outlet 1 EA $ ID 475 ` $ Ion 475 `" 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $ 1r3-75" $13T 756 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS $ (.1, 76c " $ G / `75es - 14 8 inch Pump out Assembly 3 EA $7, 345' $ ZZ+ 635 - 15 4 inch Air Vacuum Valve Assembly 2 EA $ Z7 t IG- $ 54 ZZb 16 Connection to existing 42 inch pipe me 42 inch Spool and Isolation Flange Kit I LS $)ZZ,(.46- $ 1ZZ, 440 ` 17 42 inch steel Bulkhead with 4 inch outlet I EA $15;' 45 $._ 15 44S- 18 External Joint bonding of existing 42 inch pipeline 10 Joints $ '785 - $ 9, 866" 19 30 inch Butterfly Valve 2 EA $Z-7, Sce $ 55__..-_.___��oo 20 24 inch Butterfly Valve 1 EA $ t 4, 306" $ /4., 30a 21 Remove 12 inch ACP Tee and abandon connection to 42 inch pipe at the intersection of Hallcroft and Varsity 1 LS $3,Z9O- $ 3Z90- 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards 1 LS $ 9,6 to 23 Cathodic Protection 1 LS $`-C Lam` $ 24 Annular Space Filled with cementitious grout 450 CY $ 360 oo 25 Remove and Replace existing Concrete Curb and Gutter 70 LF $ it,0 26 Remove and Replace existing Sidewalk 385 SF $ 3i J545 $ 13, 4S96� 27 Remove & Dispose of Contaminated Soil 345 CY $ 83 66 $ Z$ 35 28 Imported Soil 345 CY $ '14 C3 °� r1 gT VAT r ry Item Unit No Description Quantity Unit Cost Total Cost 29 Hydrostatic Testing Flushing Chlorination & Bacteriological Testing 1 LS $Zg V-C $ zq,3c ©- 30 Demobilization and Cleanup 1 LS $ 4,31-o $ 4,3(.z>' 31 2 Layers of Polyethylene Encasement for the 30 Inch DIP 3210 LF $ '5 ZS $ 1(0,05Z 5o Notes All extensions of unit paces will be subject to verification by Owner In case of a verification between the unit price and the extension the unit price will govern The Owner reserves the right to reject any or all proposals and bid items 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 ? Work Name and Address of Subcontractor State License Number Class Grow acr c �rrf-crn�a-f�onol Grou Ca 17cl7 DivrSror) S{ &f[rrr %am WA U2" CCSZZ 0=>c- C-4 AWST VALLEY CONSTii[TMON CMPAVY f�_ By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work that 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 ��wC� aI S i Cs� �f]'fr t?� � T 4r•�t� i � C1 �t I o� -e.i�t.i'i ttc►is�l � 4 ��.� ,�, �S� � M Z0: YNM f C5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of G+aftge SANTA CLAIRA _ i1FNtMSy. WW being first duly sworn deposes and says that G or ,,5ke is A-,-,t-TANT VICE PnSIPM of West Valley Construction Company, Inc the party making the foregoing bid that the bid is not made in the interest of or on the behalf of any undisclosed person partnership company association organization or corporation, that the bid is genuine and not collusive or sham that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded conspired, connived or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding that the bidder has not in any manner directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price or that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract that all statements contained in the bid are true and, further that the bidder has not directly or indirectly submitted his or her bid price or any breakdown thereof or the contents thereof or divulged information or data relative thereto or paid and will not pay fee to any corporation partnership company association organization bid depository, or to any member or agent thereof to effectuate a collusive or sham bid \VeC,T V n r t TV CONSTRUC' ON eomkW— Name eof Bidder Signature of Bidder EIEWS T_ P ® Box 5639 ON JOSE. CA 95150 Address of Bidder Subscribed and sworn to before me this day of I Pin � 2005 NOTARY PUBLIC 110VALERIE U AZEVEDO CDrnmfastOn #E 1451412 }� nary PLdAc Calfnrnia $onto Clara County My COMM Expires Dec 3 20D7 NOTARY SEAL C6 I 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 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT (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 b upon any subcontractor or subcontractors that may be retained or employed by the undersigned and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date f /l Z l c>(, WEST VALLEY C014STRTICTIO74 COWANY, hre Contractor By Dff4MS Y, AssisTAwVtcEPR0mWr Title I C DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5 the Bidder shall complete under penalty of perjury the following questionnaire QUESTIONNAIRE Has the Bidder any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes VNo If the answer is yes explain the circumstances in the space provided w Note This questionnaire constitutes a part of the Proposal and a signature portion of the Proposal shall constitute signature of this questionnaire C8 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 1 will comply with such provisions before commencing the performance of the work of this contract Date 11 I Z- 1 b 4 wESTyxnrY rnmQ"Y,,-"n*t i n%#OA*TV i*rrs Contractor By S A° Title ,( S1S'TANT VICE STr)F TI' C9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert Identification Number call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number WFST VALLEY COMTRTTMON COMPAUY Contractor By D>~NMS TL POMATO AssisTANTWEPUSMENT Title Date Note This form is required for every Dig Alert Identification Number issued by U S A during the course of the Work Additional forms may be obtained from the AGENCY upon request C-10 I I P BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: •�T�-fiT `c�,Y V �''� ?�j j" jTCii()N COMPANY, TV(-,. Bidder Name P.O. Box 5639 SAN JOSE, CA 95150 Business Address Cit State Zip { ({40011=5 10 Telephone Number 174968 *V State Contractor's License No. and Class Way -cc- k, I q 5 E5 Original Date Issued 8/31106 Expiration Date ' The work site was inspected by L�6v,-, Ar"-f- urs of our office on I / to , 24 I The following are persons, firms, and corporations having a principal interest in this proposal: VylrmT'VALL Y CONS T I:LTTIC?N CONTPANY, INC. -Al— CM-ZAA CORPORATION T ,irCTT-A1, J. KRUY PRUIDENT Cmnp-s J. KAs T IGAR Secretary/Team C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth WEST VAT I Fy CONSTRTJCTIO-M Company Name Signature of Bidder D ST, PONCATo ASSISTANT MCtPMSTMW Printed or Typed Signature 14 Subscribed and sworn to before me this `f/ day ofD, Z�Ck&- - 2005 vau�l:» ua CorriMiasion #F 1461412 Notary Public californda Santa Clara County NOTARY PUBLIC MVCotnm Exphes Dec 3 20o7 r NOTARY SEAL Listed below are the names address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years I r;�A SEz ATTAa.::.,i] t < f 2 9 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Name and Address of Public Agency Type of Work Nance and Telephone No of Project Manager Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No of Project Manager Date Completed Date Completed Contract Amount Type of Work Date Completed C 12 CONSTRUC I ION COMPANY, INC POST OFFICE BOX 563{ SAN JCSE CA 9515( TELEPHONE (408) 371 5E FAX (408) 371 3604 EZPEWENCL QUALIFICATION 1NFORI" A IION I o Whom It May Concern, The Following Details Descz ibe Wcst Valley Construction Company's Related Experience In A Variety Of Construction Areas This Attached History Of Our Company is An Overview Of Each Years Pio}ects And A Sampling Of It's Clientele The Individuals Listed Along With Their Corresponding Phone Numbers Were Current And Con ect During Their Specified Years We Sincerely Hope This Background Information Proves Of Interest And Value During Your Evaluation Of Our Company If We May Be Of Any Further Assistance In This Or Any Other Matter, Please Feel Free To Contact Us At Your Convenience At (408) 371-5510 Sincerely, West Valley Consti uctlon Company, Inc W valley CONSTRUCTION BIDDER'S EXPERIENCE QUALIFICATION LIST YEAR TYPE OF WORK CONTRACT LOCATION & CUSTOMER A l --TT All types of Water Works 2004 Construction: $10,136,012.45 Northern California Steel, Ductile and PVC Water Calif. Water Service Co. System Construction and Mr. Mike D. Stevens Appurtenances (408) 453-8414 2004 Underground conduits and $1,704,796.73 Northern California Enclosures Pacific Bell Mr. Bill Provence (415) 330-1771 2004 All types of Water Works $11,771,672.06 Greater San Jose Area Construction: San Jose Water Company Steel, Ductile and PVC Water Mr. Craig Giordano System Construction and (408) 279-7834 Appurtenances 2004 All types of Water, Gas & $1,240,673.85 City of Palo Alto Elec. Conduit Construction Mr. Greg Scoby (650) 566-4514 2004 Gas & Electrical Conduit $2,613,635.23 Pacific Gas & Electric Construction Mr. Cameron Rowland (415) 695-3368 W valley CONSTRUCTION SINCE 1958 BIDDER'S EXPERIENCE QUALIFICATION LIST YEAR TYPE OF WORK CONTRACT LOCATION & CUSTOMER AMOUNT All types of Water Works 2002 Construction: $17,119,771.48 Northern California Steel, Ductile and PVC Water Calif. Water Service Co. System Construction and Mr. Mike D. Stevens Appurtenances 1(408) 453-8414 2002 Underground Communications $ 5,367,425.64 Northern California Conduits and Vaults Pacific Bell Mr. Chuck Jensen 1(408) 980-2261 2002 All types of Water Works $10,772,246.13 Greater San Jose Area Construction: San Jose Water Company Steel, Ductile and PVC Water Mr. Craig Giordano System Construction and 1(408) 279-7834 Appurtenances 2002 Water Meter Installation $1,781,650.80 City of Rohnert Park Project Mr. Bill Stevens 1(707) 588-2232 2002 All types and phases of Water, $1,898,121.24 City of Palo Alto Gas & Elec. Conduit and Main Mr. Charles Borg System Installation 1(460) 392-2564 2002 Gas Main & Services, $1,374,051.82 Pacific Gas & Electric Electrical Conduit & Vault Mr. Cameron Rowland Installation 1(415) 695-3368 YEAR Bidder's Experience Qualification List TYPE OF WORK CONTRACT LOCATION & CUSTOMER AMOUNT 2001 Steel, Ductile & PVC, Water Mains, Pumping Systems Facilities Construction and Appurtenances 2001 Underground Conduits and Vaults Construction 2001 Steel, Ductile & PVC, Water Mains, Pumping Systems Facilities Construction and Appurtenances 2001 All types of Communications Conduit Construction 2001 All types of Water and Gas System Construction 2001 All types of Water Systems Construction 2001 All types of Water System Construction $14,867,078.24 Northern California Calif. Water Service Co. Mr. Mike D. Stevens 1(209) 473-1283 $10,648,461.35 Northern California Pacific Bell Mr. Chuck Jensen 1(408) 980-2261 $16,556,920.81 Greater San Jose Area San Jose Water Company Mr. Craig Giordano 1(408) 279-7834 $1,028,832.79 AT&T Communications Mr. Paul Gallagher 1(916) 828-8400 $1,618,036.92 City of Palo Alto Mr. Charles Borg 1(650) 392-2564 $2,007,674.08 Carmichael Water District Mr. Steve Nugent 1(916)483-2454 $1,483,290.03 County of Sacramento Mr. Neil Retelsdorf 1(916) 875-2740 ►llr CONSTRUCTION 5 i N41 ".: t 1 9 5 a Bidder's Experience Qualification List YEAR TYPE OF WORK CONTRACT LOCATION & CUSTOMER AMOUNT Steel, Ductile & PVC, Water 2000 Mains, Pumping Systems Facilities Construction and Appurtenances 2000 Underground Conduits and Vaults Construction 2000 Steel, Ductile & PVC, Water Mains, Pumping Systems Facilities Construction and Appurtenances 2000 All types of Communications Conduit Construction 2000 All types of Water and Gas System Construction 2000 All types of Water Systems Construction 2000 All types of Water System Construction $14,225,612.24 Northern California Calif Water Service Co. Mr. Mike D. Stevens 1(209) 466-2367 $10,155,215.17 Northern California Pacific Bell Mr. Chuck Jensen 1(408) 980-2261 $6,782,729.91 Greater San Jose Area San Jose Water Company Mr. Craig Giordano 1(408) 279-7834 $8,403,579.24 Underground Construction Mr. Chris Ronco 1(707) 746-8800 $1,549,783.62 City of Palo Alto Mr. Charles Borg 1(460) 392-2564 $868,587.71 Carmichael Water District Mr. Steve Nugent 1(916)483-2454 $796,230.03 City of Menlo Park Mr. Guerra, Engineering 1(650) 858-3420 valley CONSTRUCTION SINCE 1 9 5 8 Bidder's Experience Qualification List YEAR TYPE OF WORK CONTRACT LOCATION & CUSTOMER AMOUNT All types of Water Works 1999 Construction: $12,783,000.45 Northern California Steel, Ductile and PVC Water Calif. Water Service Co. System Construction and Mr. Mike D. Stevens Appurtenances 1(209) 466-2367 1999 Underground Conduits and $3,959,542.62 Northern California Vaults Pacific Bell Mr. Chuck Jensen 1(408) 980-2261 1999 All types of Water Works $11,001,664.60 Greater San Jose Area Construction: San Jose Water Company Steel, Ductile and PVC Water Mr. Craig Giordano System Construction and 1(408) 279-7834 Appurtenances 1999 All types of Water, Gas & $7,600,000.00 Rancho San Carlos Elec. Conduit Construction Mr. Jerry Crawford 1(831) 626-8200 1999 All types of Water Works $813,010.81 South San Jose Construction: Great Oaks Water Co. Steel, Ductile and PVC Water Mr. Robert Moore System Construction and 1(408) 227-9540 Appurtenances 1999 All types of Water Works $1,883,654.13 City of West Sacramento Construction: Mr. Stephen Patek Steel, Ductile and PVC Water 1(916) 373-5854 System Construction and Appurtenances 1999 Gas & Electrical Conduit $1,133,911.15 PG&E Construction Mr. Cameron Rowland 1(415) 695-3368 1999 All types of Water Works - $1,011,376.72 City of Menlo Park Construction: Mr. Guerra, Engineering Steel, Ductile and PVC Water 1(650) 858-3420 System Construction and Appurtenances P.O. Box 5639 • San Jose, CA 95150 • Phone: 408-371-5510 • Toll Free: 800-588-5510 - Fax: 408-371-3604 • License# 174968 • www.westvalleyconstruction.com v CONSTRUCTION r Bidder's Experience Oualification List YEAR TYPE OF WORK CONTRACT LOCATION & CUSTOMER AMOUNT All types of Water Works 1998 Construction: $14,158,461.44 Northern California Steel, Ductile and PVC Water Calif. Water Service Co. System Construction and Mr. Mike D. Stevens Appurtenances 1(209) 466-2367 1998 Underground Conduits and $3,957,563.32 Northern California Vaults Pacific Bell Mr. Chuck Jensen 1(408) 980-2261 1998 All types of Water Works $10,441,532,43 Greater San Jose Area Construction: San Jose Water Company Steel, Ductile and PVC Water Mr. Craig Giordano System Construction and 1(408) 279-7834 Appurtenances 1998 All types of water, Gas & Elec. $2,292,434.03 City of Palo Alto Conduit Construction Mr. Charles Borg 1(650) 392-2564 1998 All types of Water Works $1,299,330.36 South San Jose Construction: Great Oaks Water Co. Steel, Ductile and PVC Water Mr. Robert Moore System Construction and 1(408) 227-9540 Appurtenances 1998 All types of Water Works $1,883,654.13 City of San Jose Construction Mr. Jack Dyke 1(408) 998-6048 1998 Gas & Electrical Conduit $1,503,700.00 PG&E Construction Mr. Cameron Rowland 1(415) 695-3368 1998 All types of Water Works $1,200,000.00 City of Menlo Park Construction: Mr. Guerra, Engineering Steel, Ductile and PVC Water 1(650) 858-3420 System Construction and Appurtenances P.O. Box 5639 • San Jose, CA 95150 • Phone: 408-371-5510 • Toll Free: 800-588-5510 • Fax: 408-371-3604 • License# 174968 • www.westvalleyconstruction.com Wwestvalley CONSTRUCTION SINCE t 9 5 8 BIDDER'S EXPERIENCE QUALIFICATION LIST YEAR TYPE OF WORK CONTRACT AMOUNT LOCATION & CUSTOMER 1997 All types of water $9,241,611.00 Northern California Works construction. Calif Water Service Co. Mr. Mike D. Stevens (408) 453-8414 1997 Underground conduits $3,179,667.00 Northern California and vaults. Pacific Bell Kathy Holmes (408) 491-5049 1997 All types of water $5,937,995.00 Greater San Jose Area Works construction. San Jose Water Company Mr. Craig Giordano 1(408) 279-7834 1997 All types of water, Gas & $3,021,657.00 City of Palo Alto Elec. Conduit construction. Mr. Charles Borg (460) 392-2564 1997 All types of water $1,206,562.00 South San Jose Works construction. Great Oaks Water Co. Mr. Robert Moore (408) 227-9540 1997 All types of water $3,444,920.00 City of San Jose Works construction. Mr. Simeon Mercado, Jr. (408) 277-4638 1997 All types of water $1,058,329.00 Town of Hillsborough Works construction. Mr. William Stevens (460) 579-3800 P.O. Box 5639 • San Jose, CA 95150 • Phone: 408-371-5510 • Toll Free: 800-588-5510 • Fax: 408-371-3604 • License# 174968 - www.westvalleyconstruction.com 0) saFEco- SAFE;CO INSURANCE COMPANY OF AMERrCA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL. INSURANCE COMPANY OF AMERICA HOME OFFIGE SAFECO PLAZA BID BOND KNOW ALL BY THESE PRESENTS That we West Valley Construction Company Inc of San Jose CA (hereinafter called the Principal) as Principal and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety) as Surety are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (hereinafter called the Obligee) in the penal sum of Ten Percent of the Amount BEd " * a ' ` * * * Dollars ($ 10% of the Amount Bid ) for the payment of which the Principal and the Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH That WHEREAS the Principal has submitted or is about to submit a proposal to the Obligee on a contract for 42 inch Water Transmission Main Slip Lining Project Cash Contract No 1273 NOW THEREFORE If the said Contract be timely awarded to the Pnneipal and the Pnnctpal shall withLn such time as may be specified enter into the Contract in writing and give bond if bond is required with surety acceptable to the Obligee for the faithful performance of the said Contract then this obligation shall be void otherwise to remain in full force and effect Signed and sealed this 21 st day of December 2005 West Valley Construction Company Inc (Seal) j Principal Witness 1 �. tDennis L Poncato Assistant Vice Presiders Title SAFECO INSURANCE COMPANY OF AMERICA Witness gY� Terry S Castillo Attorney in Fact J S-0053/SAEF 7M 0 Registered trademark of SAFECO Corporation • ROWER Safeco Insurance Companies OPo Box 34526 F ATTORNEY Seattle WA 98124 1526 No 4284 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA each a Washington corporation does each hereby appoint ** ***** * * BRENDANBURKE TERRYS CASTILLO ERIKJENSEN C A WEDDELL San Jose California*****«.«*«***«« ** * ** ** its true and lawful attorney(s) in fact with full authority to execute on its behalf fidelity and surely bonds or undertakings and other documents of a similar character issued in the course of its business and to bind the respective company thereby IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of May 200> STEPHANIE DALEY WATSON SECRETARY CERTIFICATE MIKE PETERS PRESIDENT SURETY Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA Article V Section 13 FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as attomeys in fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company the seal or a facsimile thereof may be impressed or affixed or in any other manner reproduced provided however that the seal shall not be necessary to the validity of any such instrument of undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V Section 13 of the By Laws and (if) A copy of the power of attorney appointment executed pursuant thereto and (fu) Certifying that Said power of attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile and the seal of the Company may be a facsimile thereof I Stephanie Daley Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby certify that the foregoing extracts of the By Laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney issued pursuant thereto are true and correct and that both the By Laws the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation this 21 s t SEAL SEAL z S 097410S 4105 day of December 2005 STEPHANIE DALEY WATSON SECRETARY Safeco and the Safeco logo are registered trade narks of Safeco Corporation WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 12/21/05 before me Charlotte A Weddell Notary Public Date Name Title of Officer Personally appeared Terry S Castillo Name(s) of Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/yX subscribed to the within instrument and acknowledged to me that M/she/tNN# executed the same in leis/her/tom authorized capacrty(jes) and that by km/her/Mar signature(s) on instrument the person(s) or the entity on behalf of which the person(s) acted executed the instrument Witness my hand and official seal Signature of Notary&21,V4&A Copyright 1993 National Notary Association Canoga Park CA Acknoldg 6193 (Seal of Notary) CHWjA LOTfE A WEDDELL Comm No 1423646 ° NOTARY PUBLIC GALiFOF [A SAWA CLARA COUNTY } A�My cowww ExP J+ne 10 2007 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 12/22/05, before me Valerie U Azevedo, Notar�LPubhc Date Name Title of Officer Personally appeared Dennis L Poncato Name (s) of Signer (s) personally known to me (or pr-eved to my o the basin of sate s f eter-y ovidenee) to be the person (s) whose name (5) is/tee subscribed to the within instrument and Acknowledged to me that he/she/they executed the same in hislhef4he+f authorized capacity (fes), and that by his/her'fr signature (0 on the instrument the person (s)-, or the entity upon behalf of which the person (s) acted, executed the instrument Witness my hand and official seal Signature (Seal of Notary) c V�/ Signature of iXTary 4 L, IE U AZMDO Valerie U Azevedo c� ltto r ~mission # l451Qat2 Notary Public Carrtla Santa Clara County n/iy cornm Expires Dec 3 2C I t ��O CITY OF HUNTINGTON BEACH IL AL7�>r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 14 2006 JOAN L FLYNN CITY CLERK West Valley Construction Company Inc 10226 Greenleaf Avenue Santa Fe Springs CA 90670 3418 Re CC 1273 -- 42 Water Transmission Main Slip -Lining Project The City Council awarded the bid to your company for the above referenced project Enclosed is a copy of the executed contract with the City of Huntington Beach A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds In addition the following item must also be on file with this office before the City can release any retention funds A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one-year warranty then a rider or separate bond must be submitted Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds please call the Public Works Department at 536-5432 Sincerely Joan L Flyn City Clerk JF pe Enclosures Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g followuplcashconticashcon letter doc (Telephone 714 536 5227) s DECLARATION OF SATISFACTION OF CLAIMS state (Name of Contractor) 1 1 am the general contractor for the City of Huntington Beach as to the project more fully described in the public works contract entitled and dated 2 All workers and persons employed all firms supplying 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 ) declare under penalty of perjury that the foregoing is true and correct Executed at on this day of (Location) g followuplcashconticashcon2 doc procedure #15 (Signature of Contractor) 11 20 A PPRO VED ASS TO r-ORM .UEkawah VIFER WGRATH City Attmm y Suitor 1ti3 ity Attorney 111 f City of Huntington Beach Department of Public Works 2000 Main Street/P O 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 Project No Titre hereby certifies that all laborers mechanics apprentices trainees watchmen 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 contract or training program provisions applicable to the wage rate paid (Signature and Title) APPROVED AS TO FORM !LN IFFR M�GRATH, cityAtt,.,Y Sarah Sutton yj 10.3 putt' City Attomcy 121 l r g followuplcashconticashcon1 doc procedure #14 1� RECEIVED BY (Name) (Date) • TO Sh FROM DATE CITY CLERK RECEIPT COPY Retum DUPLICATE to City Clerk s Office after signingidating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION reidennch City Treasurer 02 SUBJECT Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maiante Bond No nte7 ��T �N� Re Tract No CC No MSC No Approved p 10,6 (Cou eil Approval Date) (Comp6ny Name) W/ a �-A 6 7�f- Agenda Item No 2�- —13 City Clerk Vault No _e�60, - �= E #27 g lfollowuplbondletter.doc S A F E C O Bond 6272675 CONTRACT BOND CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS That we West Valley Construction Company Inc SAFECO Insurance Company Po Box 34526 Seattle WA 98124 1526 and the SAFECO INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California as Surety are held and firmly bound unto City of Huntington Beach 2000 Main Street P O Box 190 Huntington Beach CA 92648 in the sum of as Obligee One million seven hundred and seventy thousand eight hundred and twenty two and fifty cents* * '* Dollars ($ 1 770 822 50 ) for the payment whereof well and truly to be made said Principal and Surety bind themselves their heirs administrators successors and assigns jointly and severally firmly by these presents THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH That WHEREAS the above bounden Principal has entered into a contract dated 17th day of February 2006 with the Obligee to do and perform the following work to wit NOW THEREFORE if the above bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract or any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code with respect to such work and labor Surety will pay for the same in an amount not exceeding the amount specitied in this bond and also in case suit is brought upon this bond a reasonable attorneys fee to be fixed by the court This bond shall inure to the benefit of any and all persons companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond Signed sealed and dated this 17th No premium is charged for this bond It is executed in connection with a bond for the performance of the contract APPROVED AS To FORM S 08167SA1 F 10199 F1rR cC�RA H City Attomey aN�I �' 3/s10 4, day of February 2006 West Valley Construction Company Inc /emu1114 )all- Principal K V`IT3 r, ILLY SAFECO INSURANCE COMPANY OF AMERICA By Q�S�Ca�stillco) Attorney in Fact ® A registered trademark of SAFECO Corporation FRP EVENPOWER Safeco Insurance Companies OF ATTORNEY PO Box 34526 Seattle WA 98124 1526 No 4284 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA each a Washington corporation does each hereby appoint ************ ***** ****BRENDAN BURKE TERRY S CASTILLO ERIK JENSEN C A WEDDELL San Jose California**** ************************* its true and lawful attorney(s) in fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business and to bind the respective company thereby IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of May 2005 STEPHANIE DALEY WATSON SECRETARY MIKE PETERS PRESIDENT SURETY CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA Article V Section 13 FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as attorneys in fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company the seal or a facsimile thereof may be impressed or affixed or in any other manner reproduced provided however that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 On any certificate executed by the Secretary or an assistant secretary of the Company selling out (i) The provisions of Article V Section 13 of the By Laws and (o) A copy of the power of attorney appointment executed pursuant thereto and (m) Certifying that said power of attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile and the seal of the Company may be a facsimile thereof I Stephanie Daley Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby certify that the foregoing extracts of the By Laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney issued pursuant thereto are true and correct and that both the By Laws the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th ca c ORM 'A SEAL SEAL � x si 1953 1�Z� AlF�` WAS M�'O� �°of S 09741DS 4105 day of February 2006 STEPHANIE DALEY WATSON SECRETARY Safeco and the Safeco logo are registered trademarks of Safeco Corporation t VVEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 02/17/06 , before me, Erik S Jensen, Notary Public Date Name Title of Officer Personally appeared Terry 5 Casti-110 Name(s) of Signer(s) Personally known to me (or proved to me on the basis of satisfactory ev)dence) to be the person(s) whose name(s) isle subscribed to the within instrument and acknowledged to me that Jm/she/" executed the same in Wher/910iK authorized capacity(ies), and that byls/her/tl signature(s) on instrument the person(s) or the entity on behalf of which the person(s) acted executed the instrument Witness my hand and official seal r Signature of Notary Copyright 1993 National Notary Association Canoga Park, CA Acknoldg 6/93 (Seal of Notary) EFOK s JENSEN Comm #1631779 NOTARY PusLic CAuFORNIA d SANTA CLARA COUNTY Comm Expires Dec. 20 2009 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECQ Insurance Company of America General Insurance Company of America First National Insurance Company of America American States Insurance Company or American Economy Insurance Company) it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to surety insurance This means that under certain circum stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act Under this formula the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism Losses on some or all of your bonds may be subject to this cap This notice does not modify any of the existing terms and conditions of this bond the underlying agreement guaranteed by this bond any statutes governing the terms of this bond or any generally applicable rules of law At this time there is no premium change resulting from this Act 5-6248 3/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 2/22/06, before me Dennis L Poncato, Notary Public Date Name Title of Officer personally appeared Kevin P Kelly Name (F} of Signer (s4 personally known to me (o "' ^t,o to me on the basis of sat sfaeteFy ewdenee) to be the person (64 whose name (-s) is/ar-e subscribed to the within instrument and acknowledged to me that he/may executed the same in his/her'—r authorized capacity (+es), and that by his/4eF44eff signature (0 on the instrument the person or the entity upon behalf of which the person (-&) acted, executed the instrument Witness my hand and official seal (Seal of Notary) Signature DENNIS L PONCATO Signature of Notary � Cornmisslon i1394842 Dennis Poncato NotaryPublic California$ Santa Clare County My Comm ExprresFeb 17 2007 Safeco Insurance Companies PO Box 34526 Seattle, WA 98124-1526 PERFORMANCE BOND Bond 6272675 KNOW ALL BY THESE PRESENTS, That we, West Valley Construction Company, Inc. (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648 (hereinafter called the Obligee), in the sum of One million seven hundred and seventy thousand eight hundred and twenty-two and fifty cents""""""** ($ 1,770,822.50 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 17th day of February 2006 WHEREAS, said Principal has entered into a written Contract with said Obligee, dated February 21, 2006 for 42" Water Transmission Main Slip Lining Project, Cash Contract 1273 in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and,performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two (2) years following the date on which Principal ceased work on said Contract. West Valley Construction Company, Inc. APPROVED AA TO FORM- y% Principal By �NIFERIG�RATH, City Attorney c,°r� D,.` '.' - AdQ SEAL SAFECO INSURANCE COMPANY OF AMERICA a� 1953 `r`Of IVAsM ByC5�� Terry S. Castillo Attorney -in -Fact S-0757/SA 10/99 Safeco and the Safeco logo are registered trademarks of Safeco Corporation FRP P RUN, POWER Safeco Insurance Companies OF ATTORNEY PO Box 34526 Seattle WA 98124 1526 No 4284 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA each a Washington corporation does each hereby appoint ************************BRENDAN BURKE TERRY S CASTILLO ERIK JENSEN C A WEDDFI I San JOSL California******* ** * *********** **** its true and lawful attorney(s) in fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business and to bind the respective company thereby IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of May 2005 STEPHANIE DALEY WATSON SECRETARY MIKE PETERS PRESIDENT SURETY CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA Article V Section 13 FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as attorneys in fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company the seal or a facsimile thereof may be impressed or affixed or in any other manner reproduced provided however that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted 3uty 28 1970 On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V Section 13 of the By Laws and (n) A copy of the power of attorney appointment executed pursuant thereto and (in) Certifying that said power of attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile and the seal of the Company may be a facsimile thereof I Stephanie Daley Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby certify that the foregoing extracts of the By Laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney issued pursuant thereto are true and correct and that both the By Laws the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation this 17 th 54 C( PATE SEAL � SEAL 155'a o+ r rm2 fir \wAt;M o(Wa5 i S-09741DS 4105 day of February 2006 STEPHANIE DALEY WATSON SECRETARY Safeco and the Safeco logo are registered trademarks of Safeco Corporation WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 02/17/06 , before me, Erik S Jensen, Notary Public Date Name Tale of Officer Personally appearedTerry s CastYllo Name(s) of Signer(s) Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/xw subscribed to the within instrument and acknowledged to me that M/she/ r executed the same in hE/her/thmauthorized capacity(ies), and that by /her/Am signature(s) on instrument the person(s) or the entity on behalf of which the person(s) acted, executed the instrument Witness my hand and official seal r (Seal of Notary) Signature of Notary Copyright 1993 National Notary Association Canoga Park CA Acknoldg 6/93 EPoKS JENSEN Comm 11631779 4 NOTARYPUBLIC CALIFORNIA IL UNTA CLARA couNTY Comm Expires Dec 20 jJ IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of America General Insurance Company of America First National Insurance Company of America American States Insurance Company or American Economy Insurance Company) it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to surety insurance This means that under certain circum stances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act Under this formula the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism Losses on some or all of your bonds may be subject to this cap This notice does not modify any of the existing terms and conditions of this bond the underlying agreement guaranteed by this bond any statutes governing the terms of this bond or any generally applicable rules of law At this time there is no premium change resulting from this Act 5-624a 3103 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On 2/22/06, before me Dennis L Poncato, Notary Public Date Name Title of Officer personally appeared Kevin P Kelly Name (4 of Signer fF4 personally known to me ( } to be the person (s) whose name ks)is/afe subscribed to the within instrument and acknowledged to me that he/she,4h€y executed the same in his/he4theff authorized capacity ( }, and that by his; her'�r signature (-F,) on the instrument the person (41 or the entity upon behalf of which the person (s) acted, executed the instrument Witness my hand and official seal (Seal of Notary) Signature ( «..+..........+«..».. Signature of Notary DENNISL PONCATO Commission #1394842 Dennis L Poncato Notary Public California Santa Clara County My Comm Expuesfeb 17 2007 [AftftEi utti\EII DATE CERTIFICATE FIN UMN E 0228/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokerage of California LLC HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 39300 Civic Center Dr Ste 390 `�- �-3 COMPANIES AFFORDING COVERAGE Fremont, CA 94538 COMPANY Ph 510-578-2000 Lic OE36391 AZurich American Insurance Company INSURED West Valley Construction Company, Inc G'r-a��`' P O Box 5639 tp(+r< �bMr San Jose, CA 95150 COMPANY BNational Union Fire Ins Co PittS COMPANY C COMPANY COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CG LTR TYPE OF INSURANCE POLICY NUMBER =POUCYTIVE NY) POLICYEXPIRATION DATE (MFAfp(NYI� LIMITS A GENERAL LIABILTY GL04 2 7 7 4 5 6 0 0 0 3/ 01 / 0 6 10 / 01 / 0 6 GENERAL AGGREGATE S2,000,000 PRODUCTS-COMPIOP AGG s2,000,000 COMMERCIAL GENERAL LIABILITY CLAWSMADE I OCCUR PERSONAL & ACV INJURY 31 000 000 EACH OCCURRENCE $1 0 0.0 0 0 O OWNER S & CONTRACTORS PROT X Per Pro]ect s300 000 FIRE DAMAGE (Any efire) Actqr e ate MED EXP (Any one person) $10 0 0 0 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S ALL OWNED AUTOS SCHEOULE13 AUTOS BODILY INJURY (Per Person) $ HIRED AUTOS NON -OWNED AUTOS NON-O REPLACES & SUPERSEDES CERTIFICATE DATED e BODILY INJURY ( r ccid n) S PROPERTY DAMAGE s GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE $ $ EXCESS LIABILITY BE 4 9 5 3 3 6 3 10 / 01 / 0 5 10 / 01 / 0 6 EACH OCCURRENCE s1 0 00, 0 0 0 X UMBRELLA FORM AGGREGATE $1 0 0 0 0 0 0 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERSIEXECUTIVE INCL �pi0 V ED A Ti O FC�R STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT S DISEASE EACH EMPLOYEE Is OFFICVRSARF EXCL A OTHER � 1FBI2 Mc WRATH At arnap DESCRIPTION OF OPERATIONSILOCATI4NSNEHICL WSPECIAL ITEMS RE Contract# 1273, 4211 Water Transmission Main Slip Lining Pro3ect City of Huntington Beach, its agents officers & employees are added as (See Attached Schedule ) CEKRTIFICAIMHOLDER CMCELLATIO14 e'en Day Uct.ioe for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL END 2000 Main Street '40_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Huntington Beach, CA 92648 AUTHORIZED REP ESENTATIVE I 9_"_ ACORD 2$-S 13M3)1 Of 2 1 2 63 d)ACORD (CORPORATION 1993 DESCRIPTIONS (Continued from paige I ) additional insured per the attached endorsement This insurance is primary Waiver of Subrogation applies to General Liability CISGEM2&2 12 of 2 #5351933 M3302 63 Additional Insured -- Automatic - Owners, Lessees Or Contractors - Broad Form 0 ZURICH Policy No Eff Date of Pot Exp Date of Pot Eff Date of End I Producer Add I Prem Return Prem L0427745600 3/01/2006 10/01/2006 3/01/2006 lied North ca 5 N/A s NIA THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A WHO IS AN INSURED (Section Il) is amended to include as an insured any person or organization whom you arc required to add as an additional insured on this policy under a written contract or written agreement B The insurance provided to additional insureds applies only to bodily injury' `property damage or personal and advertis ing injury' covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY but only if 1 The ` bodily injury or "property damage results from your negligence and 2 The bodily injury , `property damage' or "personal and advertising injury' results directly from, a Your ongoing operations or b Your work completed as included in the products completed operations hazard' performed for the additional insured which is the subject of the wntten contract or wntten agreement C However regardless of the provisions of paragraphs A and B above 1 We will not extend any insurance coverage to any additional insured person or organization a That is not provided to you in this policy or b That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement, and 2 We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a The Limits of Insurance provided to you in this policy or b The Limits of insurance you are required to provide in the written contract or written agreement D The insurance provided to the additional insured person or organization does not apply to Bodily injury `property damage or personal and advertising injury' that results solely from negligence of the addi tional insured, or L1-GL 1175 A CW (9/03) Includes copyrighted materlai of Insurance Services Office Inc with Its permission Page t of 2 2 Bodily injury" `property damage or 'personal and advertising injury' ansing out of the rendering or failure to render any professional architectural engineering or surveying services including a The preparing approving or failing to prepare or approve snaps shop drawings opunons, reports surveys field orders change orders or drawings and specifications, and b Supervisory inspection, architectural or engineering activities E The additional insured must see to it that 1 We are notified as soon as practicable of an "occurrence or offense that may result in a claim 2 We receive written notice of a claim or suit' as soon as practicable, and 3 A request for defense and indemnity of the claun or `suit" will promptly be brought against any policy issued by an other insurer under which the additional insured also has rights as an insured or additional insured F The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and 3ob location. Then we will share with that other insurance by the method de scribed in paragraph 4 e of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Any provisions m this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as wnt ten U-GL-1175 A CW (9/03) Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY CG24041093 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement effective 03/01/06 Policy No GLO427745600 12 01 A M standard time Named Insured West Valley Construction Company Countersigned by Inc SCHEDULE Name of Person or Organization (Authorized Representabve) ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS (if no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard This waiver applies only to the person or organization shown in the Schedule above CL 675 (10-93) CG 24 04 10 93 Copynght insurance Services Office Inc 1992 Page 1 of 1 Feb-,8-06 09 27 From-VIEST VALLEY CONSTRUCTION +14083713604 T-15T P 002/007 F-012 Thu emficate is exe uted by L berty Mutual htairrnnce Group w respects such insurnitce as is afforded by those companies. 8Ma068 Certificate of Insurance This cerhfi ate is ssued as a matter of information only and confers no rights upon you the certificate holder Thus certificate s not an msum= pol cy and does not amend a tend o after the coverage _afford d by the poke es I sted below This is to certify that (Name and address of Insured) Nest Valley Construction Company Inc i80 McGlmcey Lane :ampbell CA 95008 at the issue data oftlus certificate, mstited by the Company uncle the pohey(ies) listed below The insurance afford d by th listed policy(tes) is sub1i snotalteredlayanyrrgiar ent term Expiration Type Continuous* Extended X xi Policy Term Workers Compensation General Liability Claims Made ,Occurrence Retro Date I d Automobile Liability X Owned X Non -Owned X Hired Ube, Iftmutualm to all th it terms exelus orm and conditions and idiaon orany contract or other doctnnent with respect to Moen niI5 cenihcate may be issued Expiration Dates Policy Numbers Limits of Liability 10/01/2006 WA2 16D-027318 435 Coverage afforded under WC law of Employers Liability the fallowing states Bodily Injury By Accident CA $1 000 000 Each Accident Bodily Injury By Disease $1 000 000 Policy Limit Bodily Injury By Disease $1 000 000 Each Person General Aggregate Other than Prod/Completed Operations Products/Completed Operations Aggregate Bodily Injury and Property Damage Liability Per Occurrence Personal and Advertising Injury Per Person / Other Liability Other Liability 10/01/2006 AS2 161 027318 445 Each Accident Single Limit B I and P D Combined $1 000 000 Each Person Each Accident or Occurrence Each Accident or Occurrence C THIS INSURED S AUTOMOBILE LIABILITY POLICY IS NOT WITH LIBERTY MUTUAL — RF Project 42 Water Transmission Main Slip Lining Project Job # O Contract 1273 M M E N T Ythe ceialicam expiration date is continuous or extended temi, you will be notified tfcovervge is terminated or reduced before the certificate expiration date However you will not be notified amivafiy of the connnuation of coverage Special Notice Oluo Any person who with intent to defraud or [mowing that he / she is fay I tatmg a fraud against an Insurer submits an application or Elea a claim cantarrnng a false or deceptive statement s guilty ofaimicance fiord, Important information to Florida policyholders and cerlificam holders in the event you have any questions or needinformahon about this certificate for any reason, please contact your local sales producer whose name and tetephon number appeata m the lower left touter ofthis inficate The appropriate local sales office mading address may also b obtained by calling this number Non a of cant Nation (not applicable unless a number of days is entered below) Beforetb stated a pinuton date the company will n t cancel or reduce the insurance afforded under the above policies until at least 30 days nahce of such cancellation has been marled to Office PLEASANTON CA 11 Phone 800 343 1534 Syr •�, Certificate Holder 01 t 1259 Mr Duane Wentworth Authorized Representative City of Huntington Beach 2000 Main Street ppROVPD A- TO 0pM Huntington Heath CA 92648 NN1pER Date Issued_ 02/27/2006 Prepared By SK 4 V A, i .0 Jkrm3s - 2 4 f co&4O RE C D IVFD 2006 FEB -8 AM 11 4 C11 Y ()i HU€I T INGTOP BEACF Council/Agency Meeting Held Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied it Cle s Si ture Council Meeting Date 2/21/2006 Department ID Number PW 06 009 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR ANDCITY COUNCIL MEMBERS SUBMITTED BY PENEL/OPE COLBRETH-GRAFT, CIT70R_O;PU_<_BL1C TRATOR PREPARED BY ROBERT F BEARDSLEY PE DIRECWORK SUBJECT Award 42-Inch Water Transmission Main Slip -Lining Project, CC- 1273 Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue On January 12 2006 bids were received for the 42-Inch Water Transmission Main Shp - Lining Project CC-1273 Staff recommends award to West Valley Construction Company Inc the lowest responsive and responsible bidder Funding Source Funds are budgeted in the Water Fund Water Main Replacement Account 50691006 82100 The engineers cost estimate for this contract was $1 300 000 however the bid result was approximately $500 000 over estimate With contingency and supplemental expenses the full project cost will be approximately $2 040 000 The additional funds are available in the Water Fund Recommended Action Motion to 1 Approve plans and specifications 2 Accept the lowest responsive and responsible bid submitted by West Valley Construction Inc in the amount of $1 770 822 50 and 3 Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract Alternative Action(s) Reject all bids and provide staff with alternative direction This action would delay completion of the project REQUEST FOR ACTION MEETING DATE 2/21/2006 DEPARTMENT ID NUMBER PW 06-009 Analysis This protect will rehabilitate approximately 3 600 feet of 42-inch steel water transmission pipe built in 1972 This section of pipeline has become an on -going maintenance expense due to recurring leakage The line is located in a residential area between Springdale Street and Edwards Street along Hampshire Drive Hallcroft Lane and Varsity Drive To minimize impacts to the residents and to reduce construction time and costs the 42-inch pipe will be rehabilitated by slip -lining a smaller 30-inch pipe inside the existing pipe Hydraulic modeling has determined that the new line will have adequate flow capacity to continue to meet all demands Slip -lining will require much less excavation and time than traditional open -trench methods The pipeline will only be excavated at the ends to construct push/receive pits The new pipeline will be pulled into the old pipeline from the pits and the excavations will be plated in the off hours Construction time is estimated at 40 working days On January 12 2006 bids for the 42-Inch Water Transmission Main Slip -Lining Protect CC1273 were received and publicly opened by the City Clerk and are listed below in ascending order Bidding Contractor Bid Amount Corrected Amount West Valley Construction Inc $1 770 822 50* $1 770 822 50 Mladen Buntich Construction Co Inc $1 849 765 00 $1 849 765 00 W A Rasic Construction $1 888 000 00 $1 888 000 00 -Highland Engineering $2 156 000 00 $2 156 756 00 J Fletcher Creamer and Sons $2 711 75000 $2 711 75000 Garcia Juarez Construction $2 740 080 00* $2 740 080 00 -Engineered Plumbing $2 971 95000 $2 971 95000 * A line for the bidder to write-in the summation of the bid items was omitted in the bid documents However the contractors did provide all the bid item unit costs Bid amounts were verified The reference check for West Valley Construction Inc provided acceptable responses from past clients In addition to construction contract costs the protect will require supplemental services such as soils and materials testing by outside firms The City maintains on -call contracts with several reliable providers for these services City staff will provide construction management and additional engineering support The current fiscal year budget allocated $4 million for Water Main Replacement from the Water Fund This slip -lining project is one of two planned water main replacement protects The second capital water main replacement protect is still in the design phase G IR C A12006106 009 Feb 21 Ferrigno (Award CC1273 42 Inch Slip Line) doc 2/1/2006 2 48 PM REQUEST FOR ACTION MEETING DATE 2/21/2006 DEPARTMENT ID NUMBER PW 06-009 Public Works Commission Action On September 21 2005 the Public Works Commission reviewed and recommended this project by a vote of 6-0-1 (Mason absent) Environmental Status This project consists of rehabilitating an existing City owned water main involving no expansion of capacity The project is, therefore Categorically Exempt pursuant to Class 2 Section 15302(c) of CEQA Attachments) 1� 1 1 Location Map r 2 Sample Contract G IR C A12006106 009 Feb 21 Ferngno (Award CC1273 42 Inch Slip Line) doc 3 2/1/2006 2 48 PM ATTACHMENT #1 Project Location Map:CC 1273 42-inch Water Transmission Main Slip -Lining, Hampshire Drive, Hallcroft Lane, and Varsity Drive _ �_ ' U f { U U a J9 ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No 1 STATE OF WORK ACCEPTANCE OF RISK 1 2 ACCEPTANCE OF CONDITIONS OF WORK PLANS 2 3 COMPENSATION 4 4 COMMENCEMENT OF PROJECT 4 5 TIME OF THE ESSENCE 4 6 CHANGES 5 7 NOTICE TO PROCEED 6 8 BONDS 6 9 WARRANTIES 6 10 INDEPENDENT CONTRACTOR 7 11 LIQUIDATED DAMAGES/DELAYS 7 12 DIFFERING SITE CONDITIONS 9 13 VARIATIONS IN ESTIMATED QUANTITIES 10 14 PROGRESS PAYMENTS 10 15 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES 11 16 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17 WAIVER OF CLAIMS 12 18 INDEMNIFICATION DEFENSE HOLD HARMLESS 12 19 WORKERS COMPENSATION INSURANCE 13 20 INSURANCE 13 21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 14 22 NOTICE OF THIRD PARTY CLAIM 15 23 DEFAULT & TERMINATION 15 24 TERMINATION FOR CONVENIENCE 16 25 DISPOSITION OF PLANS ESTIMATES AND OTHER 16 26 NON ASSIGNABILITY 16 27 CITY EMPLOYEES AND OFFICIALS 16 28 STOP NOTICES 17 29 NOTICES 17 30 SECTION HEADINGS 18 31 IMMIGRATION 18 32 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33 ATTORNEY S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 ,55 GOVERNING LAW 19 36 DUPLICATE ORIGINAL 19 37 CONSENT 20 38 SURVIVAL 20 39 MODIFICATION 20 40 ENTIRETY 20 PL CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ( Agreement") made and entered into this day of 20_ 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 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 I STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish at its own cost and expense all labor plans tools equipment, supplies, transportation, utilities and all other items services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT during its progress or prior to acceptance by CITY, from agree/forms/city constl4 03 1 the action of the elements from any unforeseen difficulties which may arise or be encountered in the prosecution of work and for all other risks of any description in connection with the work, including but not limited to all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal 2 ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site and the conditions under which the work is to be performed and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference with the same force and effect as if the same were set forth at length herein and that CONTRACTOR and its subcontractors if any, shall be bound by the Contract Documents insofar as they relate in part or in any way directly or indirectly to the work covered by this Agreement "Contract Documents' as defined herein mean and include A This Agreement B Bonds covering the work herein agreed upon agree/forms/city const/4 03 2 C The CITY's standard Plans and Specifications and special contractual provisions including those on file in the office of the Director of Public Works of CITY and adopted by the City Council and any revisions, amendments or addenda thereto D The current edition of Standard Specifications for Public forks Construction, published by Builders' News Inc 10801 National Boulevard Los Angeles CA 90064 and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee, E Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR s proposal (which is attached hereto as Exhibit "A" and incorporated herein by this reference) F The particular Plans, Specifications Special Provisions and Addenda applicable to the PROJECT Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications shall be of like effect as if indicated and mentioned in both In case of a discrepancy between any Plans, Specifications Special provisions or Addenda the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW ) and agree/forms/city constl4 03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents a sum not to exceed 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 aftcr the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (___) consecutive 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 agree/tormsJcrty cmt/4 03 4 other contractors subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors subcontractors and CITY forces and in general all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW CONTRACTOR agrees to make any and all changes furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change Should DPW not agree to such cost proposal the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR, thereupon CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly agree/forms/city constl4 03 5 7 NOTICE TO PROCEED No work services material or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY CITY does not warrant that the work will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site for any reason relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 8 BONDS Only bonds issued by California admitted sureties will be accepted CONTRACTOR shall prior to its performance of this Agreement furnish the following two (2) bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished In addition CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price including all change orders to warrant such performance for a period of one (1) year after CITY s acceptance thereof within ten (10) days of filing of the Notice of Completion 9 WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any workmanship installation fabrication material or structural facilities constructed CONTRACTOR within ten (10) days after notice by CITY of any defect in the work shall have the option to make appropriate repairs or replace aLreeltormslcity constA 03 6 the defective item or items Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense 10 INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is and shall be acting at all times hereunder as an independent contractor and not an employee of CITY CONTRACTOR shall secure at its own cost and expense and be responsible for any and all payment of all taxes social security state disability insurance compensation unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses if any, in connection with the PROJECT and/or the services performed hereunder I 1 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 damages CITY would sustain in the event of and by reason of such delay and CONTRACTOR agrees to pay these damages herein provided and agree/farms/city const/4 03 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR including but not limited to acts of God or of the public enemy, fire floods epidemics quarantine restrictions strikes unsuitable weather or delays of subcontractors due to such causes CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time) notify DPW to writing of the cause of the delay and CITY shall extend the time for completing the work if in its judgment the findings of fact thereon justify the delay and the decision of DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act neglect or default of CITY or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible or by the combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR or in the event of a lockout by CITY then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay No claims for additional compensation or damages for delays irrespective of the cause thereof and including without limitation the furnishing of materials by CITY or agree/lormskity const/4 03 8 delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CON1 RACTOR 12 DIFFERING SITE CONDITIONS A Notice CONTRACTOR shall promptly, and before such conditions are disturbed notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents or (2) Unknown physical conditions at the job site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly B Time Extension No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided however the time prescribed therefor may be extended by CITY agree/formskityconsU4 03 9 13 VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT in accordance with the plans and specifications Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section DPW may at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement If the quantity variation is such as to cause an increase in the time necessary for completion DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant 14 PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate less the amount of all previous payments since commencement of the work will be paid to CONTRACTOR When CONTRACTOR has, in the judgment of DPW faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule and if DPW finds that satisfactory progress has been and is being made CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city c ansU4 03 10 the value of the work completed since the commencement of the PROJECT as determined to its sole discretion by DPW less all previous payments and less all previous retained amounts CITY s final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY Payments shall be made on demands drawn in the manner required by law each payment to be accompanied by a certificate signed by DPW affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as a acceptance of any part of the work 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR who shall retain beneficial ownership and receive interest if any thereon CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 16 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items if any to be set forth in CONTRACTOR s affidavit covering disputed claims or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California agreelforms/city consd4 03 11 17 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend indemnify and hold harmless CITY its officers elected or appointed officials, employees agents and volunteers from and against any and all claims, damages losses expenses, judgments demands defense costs, and consequential damage or liability of any kind or nature however caused including those resulting from death or injury to CONTRACTOR s employees and damage to CONTRACTOR's property arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR caused in whole or in part by any negligent act or omission of the CONTRACTOR any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable including but not limited to concurrent active or passive negligence, except where caused by the active negligence sole negligence or willful misconduct of the CITY CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR 19 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861 CONTRACTOR acknowledges awareness of Section 3700 et seq of this Code which requires every employer agree/forms/city cons(/4 03 12 to be insured against liability for workers compensation, CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder CONTRACTOR shall obtain and furnish to City workers' compensation and employers liability insurance in an amount of not less than the State statutory limits CONTRACTOR shall require all subcontractors to provide such workers compensation and employer's liability insurance for all of the subcontractors' employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 20 INSURANCE In addition to the workers compensation and employer's liability insurance and CONTRACTOR's covenant to defend hold harmless and indemnify CITY CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance including motor vehicle coverage covering the PROJECT This policy shall indemnify CONTRACTOR, its officers employees and agents while acting within the scope of their duties against any and all claims arising out or in connection with the PROJECT and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of One Million Dollars ($1 000 000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than One Million Dollars ($1 000 000) for this PROJECT This policy shall name CITY its officers elected or appointed officials employees agents and volunteers as Additional Insureds and shall specifically provide that any other insurance agree/torms/city const/4 03 13 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, the certificates shall I provide the name and policy number of each carrier and policy 2 state that the policy is currently in force, and 3 promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense hold harmless and indemnification obligations as set forth under this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance CONTRACTOR shall pay in a prompt and timely manner the premiums on all insurance hereinabove required CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY its officers agree/forms/city constl4 03 14 elected and appointed officials employees agents and volunteers as Additional Insureds to the City Attorney for approval prior to any payment hereunder 22 NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202 CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims 23 DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent or violates any provision of this Agreement or the Contract Documents CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR CITY may without prejudice to any other remedy it may have terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR CITY may elect not to terminate this Agreement in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR If it is subsequently determined by a court of competent jurisdiction that CITY s termination of this Agreement under this Section was wrongful such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23 agree/corms/city constl4 03 15 24 TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR In the event of termination under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one half percent (7 %2 %) for overhead and profit less all such payments already made Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR 25 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon expiration or earlier termination of this Agreement all original plans, specifications drawings reports calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 26 NONASSIGNABILITY CONTRACTOR shall not sell assign transfer convey or encumber this Agreement, or any part hereof or any right or duty created herein without the prior written consent of CITY and the surety 27 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code agrecilorms/pity wnsU4 03 16 28 STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold or any similar legal document This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2) regardless of whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 29 NOTICES Any notices certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope, postage prepaid and depositing the same in the United States Postal Service to the addresses specified below provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices certificates or other communications will be sent by notifying the other party via personal delivery reputable overnight carrier or U S certified mail return receipt requested TO CITY City of Huntington Beach ATTN 2000 Main Street Huntington Beach CA 92648 agieehormslcuy consd4 03 1 TO CONTRACTOR 30 SECTION HEADINGS The titles captions section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections m this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions and do not interpret define limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 31 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular comply with the provisions of Unzlcd States Code Section 1324a regarding employment verification 32 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 33 ATTORNEY'S FEES In the event suit is brought by either party to construe interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof each party agreelformslcity consV4 03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non prevailing party 34 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable void illegal or invalid such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law and wherever there is any conflict between any provision contained herein and any present or future statute law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 35 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 36 DUPLICA1 E ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals each of which so executed shall agax/forms/uty const/4 03 19 irrespective of the date of its execution and delivery be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 37 CONSENT Where CITY's consent/approval is required under this Agreement its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event 38 SURVIVAL Terms and conditions of this Agreement which by their sense and context survive the expiration or termination of this Agreement shall so survive 39 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 40 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations inducements promises agreements or warranties oral or otherwise have been made by that party or anyone acting on that party s behalf which are not embodied in this Agreement and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached Exhibit "A" contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4 03 20 of this Agreement and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day month and year first above written CONTRACTOR M. print name ITS (circle onc) Chainnan/President/Vice President AND CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor ATTEST City Clerk APPROVED AS TO FORM print name ITS (circle one) Secretary/Chief Financial OfficerlAsst City Attorney Secretary Treasurer INITIATED AND APPROVED REVIEWED AND APPROVED Director of Public Works City Administrator agree/forms/city const/4 03 21 4 RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Award 42 Inch Water Transmission Main Slip Lining Project, CC 1273 COUNCIL MEETING DATE February 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appi cable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ®✓ Not A licable ❑ Contract/Agreement (w/exhibits if applicable) Attached Applicable ® ✓Not El (Signed rn full b the CityAttomey) �- Subleases Third Party Agreements etc Attached Not Applicable ❑ Attome (Approved as to form by Cityj Certificates of Insurance ( Approved b the CityAttached Attome y� Not Applicable Ely Fiscal Impact Statement (Unbudget over $5 000) hed Not AttacApplicable ❑ Bonds (If applicable) Attached Applicable ElNot Staff Report (If applicable) Attached A licable ElNot Board or Committee Report (If applicable) Attached Not hcable El for Approval and/or Denial Attached Not Applicable ElFindings/Conditions EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED` Administrative Staff { ) Assistant City Administrator (Initial) ) City Administrator (Initial) A) City Clerk { ) EXPLANATION FOR RETURN OF ITEM RCA Author Andrew Ferngno J 1 0 h? L-Jc OF HUNTINGTON BEACH 2000 Main Street P O Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention Joan Flynn To City Clerks Office 2000 Main Street Huntington Beach CA 92648 Fax (714) 374-1573 Date _ January 18, 2006 ProjectlC C No CC1273 Regarding 42 Inch Water Transmission Main Sly Lining ❑ We are sending you ❑ By Mad ❑ By Fax Mail(Number of pages including this sheet ) ® We are hand delivering ❑ Attached ❑ Under a separate cover via the following items ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other Original Proposals for CC1273 Item # Copies Page Description 1 1 na Proposals from the following contractors West Valley Construction Mladen Buntich Construction W A Rasic Construction Highland Engineering J Fletcher Creamer & Sons Inc Garcia Juarez Construction Inc Engineered Plumbing Inc 2 3 4 5 These are transmitted as checked below ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use Q Approved as noted ❑ Submit copies for distribution ❑ For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ® Other Remarks Return Original Bidders Proposals for CC1273, 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT Please contact me at extension 5291 with any questions c file By 0 G \ENGINELRING MVISION\FERRIGNO�CC1273 42 INCH SPRINGDALE To EDWARDS\BID PROJECT\CC1273 TRANSMITAL To CLERK RETURN BIDS DOC CITY OF HUNTINGTON BEACH BID SUMMARY (CORRECTED) 42-INCH WATER TRANSMISSION MAIN SLIP -LINING CC1273 BID DATE January 12, 2006 TIME 2 00 PM ENGINEER'S ESTIMATE $1 3 Million BID LIST No BIDDER'S'NAME s RANK t TOTAL BID AMOUNT 1 West Valley 1 $1 770 822 50 2 Mladen Buntich 2 $1 849 765 00 3 W A Rasic Construction 3 $1 888 000 00 4 Highland Engineering 4 $2 156 756 00 5 J Fletcher Creamer and Sons 5 $2 711 75000 6 Garcia Juarez Construction 6 $2 740 080 00 7 Engineered Plumbing Inc 7 $2 988 000 00 8 American Cast Iron Pipe 9 BRH Garver West Inc 10 Colich & Sons 11 Far West Corrosion Control 12 Hughes Supply Inc 13 Jose Fina McKinley 14 Mesa Products 15 Mike Prlich and Sons Inc 16 Mmako America Corp 17 Southwest Pipeline & Trenchless 18 United States Pipe and Foundry CITY OF HUNTINGTON BEACH Apparent Low Bidder, 01/12/06 42-INCH WATER TRANSMISSION MAIN SLIP -LINING CC1273 BID DATE January 12, 2006 TIME 2 00 PM ENGINEER'S ESTIMATE $1 3 Million BID LIST Po BIDDERS NAME , t RANK TOTAL BID AMOUNT 1 American Cast Iron Pipe 2 BRH Garver West Inc 3 Colich & Sons 4 Engineered Plumbing Inc $2 988 000 00 5 Far West Corrosion Control 6 Garcia Juarez Construction $2 740 080 00 7 Highland Engineering $2 156 000 00 8 Hughes Supply Inc 9 J Fletcher Creamer and Sons $2 711 75000 10 Jose Fina McKinley 11 Mesa Products 12 Mike Prlich and Sons Inc 13 Minako America Corp 14 Mladen Buntich $1 849 765 00 15 Southwest Pipeline & Trenchless 16 United States Pipe and Foundry 17 W A Rasic Construction $1 888 000 00 18 West Valley / $1 770 822 50 CITY OF HUNTINGTON BEACH 42-INCH WATER TRANSMISSION MAIN SLIP -LINING CC1272 BID DATE January 12, 2006 TIME 2 00 PM ENGINEER'S ESTIMATE $1 3 Million BID LIST No BIDDER'S NAME RANK TOTAL RID AMOUNT 1 American Cast Iron Pipe 2 BRH Garver West Inc 3 Colich & Sons 4 Engineered Plumbing Inc a gep 000 5 Far West Corrosion Control 6--Garcia Juarez Construction , A)r-> —1o7A -- 7, Highland Engineering / 15-A Ono. dd 8 Hughes Supply Inc 9 W J Fletcher Creamer and Sons f f, 10 Jose Fina McKinley f 11 Mesa Products 12 Mike Prlich and Sons Inc 13 Minako America Corp 141, Mladen Buntich AZ9 ' 60 15 Southwest Pipeline & Trenchless 16 United States Pipe and Foundry 17L W A Rasic Construction /1 ff'r. 000, 00 t� c�� y C'aa sic ��o•� -- Na —/-0-- SECTION A NOTICE INVITING SEALED BIDS for the Construction of 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT NO 1273 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor 2000 Main Street Huntington Beach, California 92648 up to the hour of 2 00 PM on January 12 2006 Bids will be publicly open in the Council Chambers unless otherwise posted Copies of the Plans, Specifications and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach CA 92648 upon payment of a $60 00 nonrefundable fee if picked up, or payment of a $85 00 nonrefundable fee if mailed via U S Postal Service, FedEx UPS or any other delivery service Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race color, national origin ancestry sex., or religion in any consideration leading to the award of contract At No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders The bid must be accompanied by a certified check cashiers 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 timc of the bid opening The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY Project Descnption The work generally includes the construction of approximately 3,230 lineal feet of 30 inch pipe by open -cut excavation and by slip lining into an existing 42- inch buried pipeline within local streets of the City of Huntington Beach The contract allows the contractor a period of time to successfully procure materials required to construct this project with 40 working days for construction to complete the contract The Engineer s preliminary estimate is $1 3 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 12th day of September 2005, by Resolution No 2005-64 Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 — /2-,112-ICU- SECTION A NOTICE INVITING SEALED BIDS for the Construction of 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT NO 1273 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk Second Floor 2000 Main Street Huntington Beach California 92648, up to the hour of 2 00 PM on January 12 2006 Bids will be publicly open in the Council Chambers unless otherwise posted Copies of the Plans Specifications and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach CA 92648 upon payment of a $60 00 nonrefundable fee if picked up, or payment of a $85 00 nonrefundable fee if mailed via U S Postal Service FedEx UPS or any other delivery service Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California which are on file at the Office of the Director of Public Works 2000 Main Street Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded frill 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 A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders The bad 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 Project Description The work generally includes the construction of approximately 3 230 lineal feet of 30 inch pipe by open cut excavation and by slip -lining into an existing 42- inch buried pipeline within local streets of the City of Huntington Beach The contract allows the contractor a period of time to successfully procure materials required to construct this project with 40 working days for construction to complete the contract The Engineer s preliminary estimate is $1 3 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 12th day of September 2005 by Resolution No 2005-64 Attest .loan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A 04 e OLVIcITY OF HUNTINGTONHAYR 2005 DEC -8 PM 3" 03 2000 Main Street CITY CLERK P.O. Box 1 9 0 CITY OF Huntington Beach, CA 926JUJ'i71N0TONBEACH LETTER OF TRANSMITTAL Attention: Joan Henn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: December 8.2005 ProjectlC.C. No.: CC1273 Regarding:42-Inch Water Transmission Main Slip -Lining ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ElSamples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids 1 1 3 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 21, 2005, the Public Works Commission authorized the advertisement of the 42-Inch Water Transmission Main Slip -Lining, CC1273. Please find attached the Notice Inviting Bids for this project. n Please contact me at extension 5291 with any questions /LAr iz/z z c: file By: Q\ENGINEERING DMSI0N\FERRIGN0\CC1273 42-INCH SPRINGDALE To EDWARDs\BID PROJEcr\CC1273 TRANsmrFAL To CLERK 120805.DOC PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: DECEMBER 15,22,29.2005 declare, under penalty of perjury, that the foregoing is true and correct. Executed on DECEMBER 29,2005 at Costa Mesa, California. Signature NOTKE NVIW 00I1PS for the Construction of 42-O WATER TRANSNIM MAN SUPa1W PAQECT . CASH CONTRACT NO.1273 in the CITY OF HUNTINGTON PEACH 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 January 12, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public. Works, -2000 Main Street, Huntington Beach, CA 92648, upon payment of a $60.00 nonrefundable fee if picked up, or payment of a $85.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor' Code. Pursuant to the provisions of the Labor Code' of the State of California, the minimum prevailing rate of per diem wages for each craft, classification. or type of workman needed to execute the contract' shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public; Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY win deduct a 10% retention fromi all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit.bids in response to this notice and will not be discriminated against on the basis of race, cola, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformanpe with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business license$ from the AGENCY. Project Description: The work generally includes the construction of approximately 3230 lineal feet of 30-inch pipe by open -cut excavation and by slip - lining into an existing 42-inch buried pipeline within local streets of the City of Huntington Beach. The contract allows the contractor a period of time to successfully procure materials required to construct this project, with 40 working days for construction to complete the contract. The Engineer's preliminary estimate is $1.3 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 12th day of September 2005, by Resolution No. 2005-64. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: DECEMBER 15,22.29,2005 declare, under penalty of perjury, that the foregoing is true and correct. Executed on DECEMBER 29 , 2005 at Costa Mesa, California. T Signature SECTION A NOTICE NVTW SEALED IgDS for the Construction of 4240 WATER 1RAIISNISSION MAN STP4= RM, CASH CONTRACT NO.1213 in the CITY OF HUNWTON 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 January 12, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies, of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $60.00 nonrefundable fee if picked up, or payment of a $85.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration, leading to the award of contract•. No bid shall be considered unless it is prepared on the approved, Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's, check, or bidder's bond made payable to the AGENCY for an amount no Iess'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. Project Description: The work generally includes the construction of approximately 3,230 lineal feet of 30-inch pipe by open -cut excavation and by slip -'I lining into an existing 42-inch buried pipeline within local streets of the City of Huntington Beach. The contract allows the contractor a period of time to successfully procure materials required to construct this project, with 40 working days for construction to complete the contract. The Engineer's preliminary estimate is $1.3 million. The AGENCY reserves the right to. reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 12th day of September 2005, by Resolution No. 2005-64 Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent ce - C-) 0 UIJI :> C.,j LLI at cr 57� All, ,y, ,__ T HOV32 pi9,,,l3t?i,,nH 10 :Z Ind Z I Nvr 9001 03AI303U CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO CC # 1273 42-Inch Water Transmission Main Slip -Line Project FROM Andrew Ferrigno Associate Civil Engineer DATE January 25, 2006 SUBJECT West Valley Construction West Valley Construction Inc A San Jose Water B City of Palo Alto C Pacific Gas & State License No 174968 Company Mr Greg Scoby Electric Class A Mr Greg Giordano 650-566-4514 Mr Cameron QUESTIONS 408-279-7834 Rowland 415-695-3604 1 Did contractor work well with your Yes Yes agency2 Yes 2 Did they change personnel during the No No No ob2 3 Were there any problems with No No subcontractors or suppliers (stop No notices)2 4 Did general and subcontractors work Yes Yes Yes consistently on the prolect2 5 Was the project completed on time2 Yes Yes Yes 6 How was the quality of the work2 Very Good Excellent Very Good 7 Would you hire this general contractor Yes Yes Yes a ain2 8 Are the contractors' and 'o" t QdP tiw'i"e subcontractors' licenses current and Nq$ 4v verified with State Contractors License �471��(�(���� 7 tt t' AiY� — YI Bureau2 Yes, (Contractor & 7� vEt(01I'd'+'�,t i —1 (q� % ttf�✓6t tt ➢ .. ll( It Subcontractors' licenses are current and active) YES D \Documents and Settings\esparzap\Local Settings\Temporary Internet Files\0LK61E\Contract Reference Check-CC-1273 doe 9 Are there any citations or judgments on file against the contractor with the State Contractor's Licensing Board? No v� 110-01� �1�'`r 10 Comments Greg said they have Cameron said Greg told me that done several annual West Valley has San Jose Water gas main done over $15M Company is an replacement worth of projects investor owned contracts for the over the last 10 utility and West City West Valley years for PG&E Valley is one of 4 was described in He considers them companies that are these terms, one of their top invited to bid all of excellent contractor, three contractors their underground not change order He said they were work He said they crazy, always have very safe, were "top notch," qualified people on trustworthy, high and had recently site, and quality usually on completed an $11 M conscientious Greg time, have done 42-inch transmission said they have been well on projects main They have doing projects for with a critical time been working with the City for more line, this firm for more than 20-years Their than 20 years Their last projects work was described included some jack as "complete and and bore, and some competent " HDD installations A Project & Contract Amount $1 1 M Water Transmission Main in 2004 B Project & Contract Amount $1 2M Gas Main Replacement in 2004 C Project & Contract Amount $2 6M Gas and Electrical Conduit Construction in 2004 rwestvalley CONSTRUCTION S I N C E 1 9 5 8 580 McGNncey Lane Campbell, CA 95008 REC,FIv 2006 JAM 12 PM 1: 13 Ci n41 J t � mot«#-i kk cl-I y 6 HU1viak.GT0M BEACH City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 For Constnx4ion of --INCH WATER TRANSMISSION MAIN SL --LIN in the CITY OF H U T NGT BEACH - DO NOT OPEN WITH REGULAR MAIL 51674111 SLWw- 97-. DkLOWIA) PA(L*Y-1 CA �/ 7-6 6 - / JL-0 1074, q &(91 S(p 11 c L r;:; FF I CF— (Z-0 IrLb FwQMf;D j VIA( �Ti* A V [Ix -LA., � "te CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK March 27 2006 Engineered Plumbing, Inc 5103 Bleecker St #5111 Baldwin Park, CA 91706-1709 RE CC-1273 — 42" Water Transmission Main Slip -Lining Project Enclosed please find your original bid bond for CC-1273 Sincerely 65)� jjro) an L Flynn City Clerk JF pe enclosure {Telephone 714-536 52271 i SECTION C Qgj4Lo \ Ydt�, CA q (161p �1(4, Lisa 7(p1l PROPOSAL for the CONSTRUCT ION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT No 1273 in the CITY OF HUNTINGTON BEACH CO 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 V1 Notice to Proceed will be issued for materials procurement After undersigned submits proot of materials procurement and a detailed construction schedule to AGENCY, Ind after AGENCY issues -i written approval of undersigned's construction schedule, AGENCY will then issue a 2" `i Notice to Proceed to the undersigned to commence immediately with the physical site work there-ifter to be completed within a Forty (40) working day Construction Period 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 sct 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 undei stands 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 CON FRACT 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 piojcct In the case of discrepancies in the amounts bid unit prices shall govern over extended amounts and words shall govern over figures Cl • 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 914 k'5iA in the amount of $ 6 which said amount is not less than 10% of the aggregate of the total bid price as required by the Notice Inviting Sealed Bids payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond" as the case may be) Bidder shall signify receipt of all Addenda here, if any Addenda Nv Date Received Bidder's Se nature j 1 d(pin Item No Description Quantity Unit Unit Cost Total Cost, 1 Mobilization 1 LS $ $ ��d 2 ProcurLment of Video Camera for CCI V mspection of 42 inch pipeline 1 LS $ d0 3 Preliminary Inspection -nd Testing of existing pipeline 1 LS $ga ooa '' $ �D, cots a 4 Zriffic Control include traffic control plzns I LS $3e,eoc $3�,� 060 L!'' 5 Potholing 4 EA $Scoo `'`' $p o00 `D G Protect in place or replace existing utilities 6 EA $ f-goo na 7 Exc,avltion Sheeting Shoring & Bracing l LS $� S Launching and Receiving Pits 4 places 1 LS $ jE0,C!2a $liaeve-ar C2 i • • • Item No Description Quantity Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $_ $� 10 ConneOion to existing 30 inch pipe inc 30 inch Steel Spool and Isolation Flange Kit 1 LS $ aSooel°`' $.I, °c' 11 30 inch steel Bulkhead with 4 inch outlet I EA 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $ -F, $ r15 ndc °° 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS $j3, ec o $ ,33 006 r° 14 8 inch Pump out Assembly 3 EA $ rbaece $ yr, coa =c 15 4 inch Air Vacuum Valve Assembly 2 EA $ (-,C6e = $ /;, coo 16 Connection to existing 42 inch pipe me 42 inch Spool and Isolation Flange Kit 1 LS $ S ems $ gS eas n r 17 42 inch steel Bulkhead with 4 inch outlet 1 EA $ $ 18 External Joint bonding of existing 42 inch pipeline 10 Joints $at,5'cv `- $etrs'eoo 19 30 inch Butterfly Valve 2 LA $ a,,o e5 $ Rfa, o00 `r' 20 24 inch Butterfly Valve 1 EA $ IG, 5co �f $ /4 ,5 eci 4 21 Remove 12-im h ACP ice and abandon connections to 42 inch pipe at the intersection of Hallcroft and Varsity t LS $rScpa $ /S oaa �c 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards 1 LS $ /7,,reo $ / 7 601, 23 Cathodic Protection I LS $ 3!,.w t-4 $ 'j,, .Up ,e, 24 Annular Space Filled with cementitious rout p g 450 CY $ q51 $ 25 Remove and Replace existing Concrete Curb and Gutter 70 LF $.3cn 00 $,I S06 pd 26 Remove and Re lace existingSidewalk 3$) Sr $ era r"© $ 3 �13r6 27 Remove & Dispose of Contaminated Soil 34-) CY $ 130 Sso 28 Imported Soil p 345 CY $�a va $.'1,p� Tao C3 • • 0 Item No Description Quantity Unit Unit Cost Total Cost 29 Hydrostatic Tasting Flushing Chlorination & Bauteriological Testing 1 LS 30 Demobilization and Cleanup I LS $to nca'� $1e, 060 31 2 Layers of Polyethylene Encasement for the 30 Inuh DIP 3210 LF $ 16 0�_ -o Notes All extensions of unit prices will be subject to verification by Owner In case of a verification between the unit price and the extension the unit price will govern The Owner reserves the right to reject any or all proposals and bid items WAL, Rib' LIST OF SUBCONTRACTORS ` g In accordance with Government Code Section 4104 the Bidder shall set f rth the name and JAD business address of each subcontractor who will perforru 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 lac done by such subcontractor Poi tron of Work Name and Address of Subcontractor State License Number Class War C�reu "igr4,(- jiAII Grat1+,�Mt- (,6rYFyb Cdkq( Ii V, Yo,(4a Ft J-orfA1 ,CA '11vy"1 C(1fiv N q �6Ga l S k� � Siww, L,5kl peace ee,4 ttAx.MrAf CQi4Ad4ftM SkVTWkVVeI~4 i fl_g, CA I W�l�r�i �?eaH`I Cerk���ed We�d��' ���ibY�dkjG�j' C4 1 ' By submission of this proposal the Bidder certifies 1 That he is able to and will perform the balance of all work that 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 r 1 r r r r r r r r r r r r CS NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of 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. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 2005. NOTARY PUBLIC NOTARY SEAL C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ante Misetic , being first duly sworn, deposes and says that he or xhe is President of Engineered Plumbing the party making the foregoing bid that the bid is not made in t e in eres o , or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Engineered Plumbing Incorporated Name of Bidder Signature of Bi der Ante Misetic 5103 Bleecker St. Baldwin Park, CA 91706 Address of Bidder Subscribed and sworn to before me this 5th day of January, 20096 NOTARY MARY MARTIM40NI COMM. #14383M NOTARY PUBW-CAL.FORNIA Lv ORANGE COUNTY YyC=L E* Sept 9.2W Mary Mart%q oni NOTARY SEAL C-6 UTILITY AGREEMENT ' HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA ' Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 42-INCH WATER TRANSMISSION MAIN SLIP -LINING ' PROJECT. (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. n n Contractor .L'lil r t—� �Ci By S Title Date: C-7 0 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes L(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the .. Proposal shall constitute signature of this questionnaire. C-8 ' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works ' contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every ' employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor A�A ' By 1 Title 1 Date: 1111, (6� F C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor w 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-10 c h� BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Py ylkveied Bidder Name 501- 9-(((S�- Business Address 9-gWw t� $ark City State Zip ( bue ) *�o - %(P I ( Telephone Number C.4- - 5-161 q q - A - State Contractor s License No and Class r aaj Original Date Issued � h, DO(Q Expiration Date The work site was inspected by W(df^ tieJ6' of our office on 1 3 , M-5 The following arc persons firms and corporations having a principal interest in this proposal AhJm I QTV-SfAk+ 'Vrfrz Pr�sro�� C 11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of NOTARY PUBLIC )2005. NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 9 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-12 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. Engineered Plumbing Incorporated Company Name BY: &-J Signature of Bidder Ante Wisetic, iresident Printed or Typed Signature A) Subscribed and sworn to before me this 5thday of January, MARY COMM. ##1 38302 • NOTARY . �Q. �11►CotKff Cmw Ew Sit 9. 3W NOTARY PUBLI Mary tignoni NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Cik{ fi RPH+iURt poa4hfe(+ o� PuWt< tom{ Name and Address of Public Agency Name and Tele hone No. of Project Manager: Q (� YCUYw�- F iJVd ' gti2 •(,pJr d - lip Dip TYafnSknrssr`ol� Agi(n �T6� 06tf U6(Q Contract Amount Type of Work Date Completed 2. ����� a� "��rtra[nLei Dy QGVk "-¢(4 6F �Ul�frC W�(ks Name and Address of Public Agency Name and Telephone No. of Project Manager: fey Ebarl G EF 3 �� • 1*1$ � 3b(,?3 tirItig(1g1— wa4vx p�Q�(*l� rQ��4C¢iMeG i" i�lP) f=ebruml )-o6q Contract Amount Type of Work Date Completed 3. WgN+ ydkl hUk Cz f a f Wore( NOT14 Name and Address of Public Agency Name and Telephone No. of Project Manager: ��� �' �G� wtb(1 @ �d l • S�S�. (l.�ec6 4 V I f" 4(Li 36 uxb � kra�.r�, i Ss� In Mc, j k ib Contract Amount Type of Work Date Completed C-12 U1/U0/LUUU UY UV kAA i0 001 THE CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT ADDENDUM FAX FROM HARRIS & ASSOCIATES Phone (949) 655-3900 Fax (949) 655-3995 DATE January 4 2006 TO All Plan Holders for the 42-Inch Water Transmission Main Slip -Lining Project Casio Contract No 1273 FROM Randall Berry PE Project Manager Harris & Associates Call (949) 655 — 3900 x 314 if you did not receive all THREE (3) Pages of this Fax SUBJECT Addendum to the 42-Inch Water Transmission Main Slip -Lining Project, Cash Contract No 1273 COMMENTS See attached Addendum No 1 FAX BACK IMMEDIATELY! ***OUR FAX NUMBER IS (949) 655-3995*** PLEASE SIGN AND FAX THIS SHEET BACK TO ACKNOWLEGE RECEIPT OF THIS THREE (3) PAGE ADDENDUM (including cover) r g&I, t r,zCp P U�Qre�lr Company Name Representative Signature City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach GA 92648 Phono (714)536 5291 01/05/2006 09 00 Fk% Z 002 iiff CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ADDENDUM NO 1 BID OPENING DATE January 12, 2006 All prospective bidders are hereby notified that modification and/or changes are to be made to the contract documents for this project as entitled above The following items Indicate revisions to the above referenced documents and are hereby made a part thereof and are subject to all applicable requirements thereunder as originally shown and/or specified Please sign the acknowledgment of receipt of this Addendum and that said Addendum was properly evaluated in bidder's proposal Any proposal not in compliance with this requirement may be rejected Changes to subject specifications reflected in this addendum include Modifications to shoring requirements in areas to be trenched and/or excavated REVISIONS TO SPECIFICATIONS SECTION 9- MEASUREMENT AND PAYMENT Replace the sentence in Part C under Item 7 Excavation Sheeting, Shoring & Bracing, of Section 9-3 1 that reads This bid item applies to all interlocking sheet pile shoring for trenching and excavation operations including launching and receiving pits With the following sentence `This bid item applies to all interlocking sheet pile or similar shoring for trenching and excavation operations including launching and receiving pits " SECTION 300 - EARTHWORK Replace the second paragraph under Section 306-1 1 6 Bracing Excavations that reads Interlocking sheet piles are required for all excavations including launching and receiving pits, and pipe trenches to limit the inflow of perched ground water See geotechnical report for shoring / bracing requirements With the following paragraph Interlocking sheet piles or a similar shoring system that requires soldier beams plates and struts are required for all excavations including launching and receiving pits and pipe trenches to limit the inflow of perched ground water Bracing and shoring systems shall be designed to Addendum No 1 — Page 9 of 2 01/05/2006 09 00 Fk_X e 003 �#& CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ADDENDUM NO I insure that there is no erosion or loss of soil undermining or degradation of facilities outside of the excavations See also geotechrncal report for shoring / bracing requirements 'END OF ADDENDUM NO 1 Addendum No 1 — Page 2 of 2 I Merchants Bonding Company (MU I t)AI ) Bond# 3566 KNOW ALL MEN BY THESE PRESENTS Thatwe Engineered Plumbing Tncorporated as Principal hereinafter called the Principal and Merchants Bonding Company (Mutual) of a corporation duly organized under the laws of the State of Iowa as Surety hereinafter called the Surety are held and firmly bound unto City of Huntington Beach F as Obligee hereinafter called the Obligee in the sum of Ten percent of bid amount ------- Dollars ($ 1 0% of bad ) 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 42 inch water transmission main slip lining project NOW THEREFORE if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void otherwise to remain in full force and effect Signed and sealed this 5tlMay of January, 2006 Engineered Plumbing Incorporated {Prinapal) (Seal) Ante Mise ic, PresYdent (Title) Merchants Bonding Company (Mutual) (Surety) By -D-4--- Matthew Robert Dobyns (Atlorney in Fait) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of Orange On 1 /5/05 before me Mary Martignona - Notary Public Dale Name and Title of t]Nicer (e 9 Jane Doe Notary Public j personally appeared Matthew Robert Dobyns Names) of Stgne (s) X$ personally known to me ❑ proved to me on the basis of satisfactory evidence to be lhe;person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(tes) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS my hand and official seal Plate Notary Seal Above S y 1u o iJot ry P b1 c OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removat and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Matthew Robert Dobyns ❑ Individual ❑ Corporate Officer — ❑ Partner — ❑ Limited LEI Attorney in Fact Title(s) — ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Merchants Bonding Company (Mutual) RIGHT THUNISFAM OF SIGNER Number of Pages Signer s Name ❑ Individual ❑ Corporate Officer— Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other - Signer Is Representing RIGHT THUMirRIM !F SIGNER 0 2004 National Notary Association 9350 De Soto Ave PO Box 2402 Chatsworth CA 91313 24o2 Item No 5907 Reorder Call Toll F ee 1 800 a76 6827 VA11 01 California C011N l Y Ol Orange Or, 1 /5/Ob IPHSONALLYAffLARLD be free me Ante Misetic SS Mary Martignoni_ — Notary Public perAmially known to me ICJ to be the personri) whose name(, WEN subsc ribed to the wuhur tastnunent and acknowledged to the that he29J2E0yKexecu1ed the wane in hi4tofflWatrdrornzed r apac rty(JUemd that by hLOIDEKNEX srgnalurc( on the instrnrnent the persan(,V or the entity upon beha f al whit the per%an(A at fed executed the tnstrutnem WlI NI SS my hand and o1ju tal seal St�tlarr OPTIONAL it ;�rt �Y ♦ '� 'K`' This area for Offir ial Notarial Sent Though the data below Is not required by law it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL fA CORPORATE OFFICER PresiLdent TITt E(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSONS( OR ENIITY(IESf Engineered Plumbing Incorporated DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE 10 1232(Rev Slot) ALL PURPOSE ACKNOWLEDGEMENT Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents that the MERCHANTS BONDING COMPANY (MUTUAL) a corporation duly orga>tzed under the laws of the State of Iowa and having is principal office in the City of Des Moines County of Polk State of Iowa hath made constituted and appointed and does by these presents make constitute and appoint Les Michael Mantle Matthew Robert Dobyns of f ullerton and State of Cahfomia its true and lawful Anomey-in-Fart wdh full power and aulhonty hereby erred in its name place and stead to sign execute acknowledge and detwer to Its behhatl as surety any and all bonds undertakings reccgnizances or other written obligations in the nature thereof subject to the limitation that any such instrument shall not exceed the amount of t IVE MIL[ ION ($5 000 000 00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by fhe duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL) and all the acts of said Attorney -in -Fact pursuant to the authority herern given are hereby ratdied and confirmed This Powerof Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16 2002 ARTICLE II SECTION 8 The Chairman of the Board or President or any Moe President or Secretary shall have power and authority to appoint Attorneys in -Fad and to authorize them to execute on behalf of the Company and attach the Seal of the Company thereto bonds and undertakings recogruzanoes contracts of indemnity and other vmhngs obtigaumv in the nature thereof ARTICLE It SECTION 9 The signature of any authorized officer and the Seal of the Company may be affixed by fammile to any Power of Attorney or Certification thereof authonnng the execution and detivehy of any bond undertaking recognizance or other suretyship obligations of the Company and such signature and seat when so used shall have the sanhe force and effect as though manually fixed In Witness Whereof MERCHANTS BONDING COMPANY (MUTUAL) has Caused these presents to be signed by ifs President and Its corporate seal to be hereto affixed this 1 st day of September 2004 00 o�Pog9 9s 2 U � v � c 1933 STATE Of iOWA COUNTY OF POLK Ss MERCHANTS BONDING COMPANY (MUTUAL) By/-f"7 77� Pres On this 1 st day of September 2004 before me appeared Larry Taylor to me personally known who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) the corporation descnbed in the foregoing instrument and that the Seal affixed to the said instrument is tie Corporate Seal of the said Corporaton and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors In Testimony Whereof I have hereunto set my hand and affixed my Official Seal at the City of Des Moines Iowa the day and year first above Written CINDY SMYTH Commission Number 173504 LL��rrr rf My Commuston Etptres U March 16 2006 Notary Pubbc Polk County Iowa STATE OF IOWA COUNTY OF POLK ss I William Warner Jr Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby certify that the above and kxegotng is a true and cared copy of the POV%UR-OF ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL) which is still in full force and effect and has not been amended or revoked t h In Witness lhhereof I have hereunto set my hard and affixed the seal of the Company on this day of January, 2006 z11 Secretary POA 0001 (9104) P.O. BO 32C% Brea, CA 9212 309 City of Huntington Beach 2000 Main Street Huntington Beach, C-1 92648 Project: 42-inch Water Transmission Main Slip -Lining Project (1273) Bid Date: January 12, 2006 @ 12-45121% %1:3REIM- CO U-) 0 U-I . 4 ne CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK March 27 2006 Garcia Juarez Construction Inc PO Box 309 Brea CA 92722-0309 RE CC-1273 — 42 Water Transmission Main Slip Lining Project Enclosed please find your original bid bond for CC-1273 Sincerely, Jo L Flynn Ct Clerk JF Pe enclosure CALIFORNIA 92648 (Telephone 714636-5227) SECTION C PROPOSAL for the CONSTRUCTION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT No 1273 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 pnces The 1st Notice to Proceed will be issued for materials procurement After undersigned submits proof of materials procurement and a detailed construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2"d Nonce to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Forty (40) working day Construction Period 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 C1 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 a,-4ers Arrd in the amount of $ /0 P 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: Item No. Description Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS $ �7,®ao $ ?71 o00 2. Procurement of Video Camera for CCTV inspection of 42-inch pipeline. 1 LS $ 7rmO1— $ /S o00 3. Preliminary Inspection and Testing of existing pipeline 1 LS $ t' o� �— $ �2 4. Traffic Control, include traffic control plans 1 LS $ 37imeo $ 371 mo e 5. Potholing 4 EA $ �' eo $ 4 6. Protect in place or replace existing utilities 6 EA $ ?' °moo $ /7' 7. Excavation Sheeting, Shoring, & Bracing 1 LS $ gO1D�aae $ �oo� omo 8. Launching and Receiving Pits, 4 places 1 LS C-2 Item No Description Quantity Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $Spa. $ 763, ono 10 Connection to existing 30 inch pipe inc 30 inch Steel Spool and Isolation Flange Kit 1 LS $ $ 2.2, o0 0 11 30 inch steel Bulkhead with 4 inch outlet 1 EA $ S Boa $ p mo 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $ 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS $ $ 7�a 14 8 inch Pump -out Assembly 3 EA $ 6 maa $ /Y, a o 15 4 inch Air Vacuum Valve Assembly 2 EA $/211 om0 $Z 16 Connection to existing 42 inch pipe inc 42 inch Spool and Isolation Flange Kit 1 LS ?a bo $ Z . 6 2 $ 369. ra,Ve 17 42 inch steel Bulkhead with 4 inch outlet I EA $ 2 0, oa a $ L ate► 18 External Joint bonding of existing 42 inch pipeline 10 Joints $ rOO $ et�l6 19 30 inch Butterfly Valve 2 EA $/S, ono $ 3 �. 20 24 inch Butterfly Valve 1 EA $ 21 Remove 12 inch ACP Tee and abandon connection to 42 inch pipe at the intersection of Hallcroft and Varsity 1 LS $ 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards 1 LS $ c?cvd $�� �� d 23 Cathodic Protection 1 LS $ go, $ 24 Annular Space Filled with cementitious grout 450 CY $lip 6 mod 25 Remove and Replace existing Concrete Curb and Gutter 70 LF $ 26 Remove and Replace existing Sidewalk 385 SF $ 8 $�124— r 27 Remove & Dispose of Contaminated Soil 345 Cy 28 imported Soil 345 Cy $ /61 $3i YS C3 Item Unst No Description Quantity Unit Cost Total Cost 29 Hydrostatic Testing Flushing Chlorination & Bacteriological Testing 1 LS $ $ 30 Demobilization and Cleanup 1 LS $/5, $ /� 31 2 Layers of Polyethylene Encasement for the 30 Inch DIP 3210 LF $ ld $ 3.9,,/00 Notes All extensions of unit prices will be subject to verification by Owner In case of a verification between the unit price and the extension the unit price will govern The Owner reserves the right to reject any or all proposals and bid items 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 of Work Name and Address of Subcontractor State License Number Class /Y rzu tL 7Z- [air 3 /X''GSS C4 By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work that 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 C5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of Garcia Juarez Construction Inthe 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. z Construction Inc. ame f �idder Si afore of Bi er Ro. t'�Cyx 301. 6rPe-- Address of Bidder Subscribed and sworn to before me this / 2- day of T&-,#-�— , 2006. VIENNA LINDA GALINDO Commission. #1569051 Notary Public • California Los Angeles County t4,2009NOTARY PUBLI\�V" E NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 'TCe l 2- , �2 006--;, Title C-7 CALIF-ORNIA ALL-PURPOSE ACKNOWLEDGMENT 5 State of California County of Los Angeles On / :Z� apo6 before me Vienna Linda Galindo, Notary Public Doe Date Name and Title of Officer (e g Jane Notary Public') personally appeared Jim Jackson Name(s) of slgner(sy tpersonally known to me —OR —❑ proved to me on the basis of satisfactory evidence to be tale person(s) whose name(s) is/are subscribed to the within instrument i and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity((es) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted ViENNALtNt}AGALtNAO Commission # 1569051 executed the instrume t �I Notary Public California ~ Los Angeles County WITNESS my hand an offs at seat J fry Eyrrn 14, Z009 �7f Slgnatu Not Public 5 OPTIONAL ' Though the information below is not required by law it may prove valuable to persons relying fraudulent removal and reattachment of this form to another doc Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(tes) Claimed by Signer(s) Signers Name Jim Jackson ❑ Individual Corporate Officer Title(s) President/ Secretary S` ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing Garcia Juarez 61 6 Construction, Inc 0 1995 Naffonai Notary Association 6236 Rommel Ave Po Box 7184 Canoga Park CA 91309 7 Signers Name and could prevent Number of Pages ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator , ❑ Other Top of thumb here Signer Is Representing 184 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 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 re ulation9 Q Yes If the answer is yes, explain the circumstances in the space provided hwt .vat clues. Xa � vr�l� w�c a Note This questionnaire constitutes a part of the Proposal and a signature portion of the Proposal shall constitute signature of this questionnaire C8 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. `1 Ce,-� l .� , �OU� Date: Garcia Juarez Construction Inc. Contractor By Title C-9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y � State of California County of Los Angeles On Grtx + 1� 2 before me Vienna Lynda Galindo, Notary Public I Date Name and Title of Officer {e g Jane Doe Notary Public) personally appeared Jim Jackson Name(s) of Slgner(s) hl 1 personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument F and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted VIENNALINDAGALINDO Commission #1569051 executed the instrument > i Notary Public California Los Angeles County WITNESS my hand and ffi ial seal hy ca.. EWrrM Apd 14,2M009 y I ff Signature f o ry ublic OPTIONAL I Though the information below is not required bylaw rr may prove valuable to persons relying he cument and could prevent fraudulent removal and reattachment of this form to another docume ti �{ Description of Attached Document Title or Type of Document' Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Jim Jackson Signers Name ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer �? Title(s) President/ Secretary Tntle(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner -- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other Top of thumb here ❑ Other Top of thumb here Signer Is Representing Signer Is Representing Garcia Juarez —_ FI ' Construction, Inc �f "c X C G( 'L < t 42, LE — — — — _ =� { 4 _ _ — — — K C _ _ C < CC CJGc C C _ Cy 01995 National Notary Association 8236 Rommel Ave PC Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800 a7S 61127 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: 9-arl a) 2 ova Garcia Juarez Construction Inc. Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-10 CALUFORNIA ALL-PURPOSE ACKNO LEDGME91 7 �^c.�e.<-rem � �,�.cry'�-<�.�,M,<=r.�-r.��s,�e�r'r.•��`�.c=nre.�r,�e�-F.c-rcr-.�,�,c`r,�rcrc-e,�rrrcr,<-r,�c.c�.c�.�re�,�-r=�c,�. S �I P State of California 11 County of Los Angeles On .�, c(,,-4� /�,.?_Ga6 before me Vienna Linda Galindo, Notary Public Date Name and Trtle of Officer (a g Jane Doe Notary Public) r personally appeared Jzm Jackson �( Nama(s) of Signer(s) I Cl personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the ' same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted VIENNALINDAGALIND4 executed the instrument I �J Commission #1569051 �I Notary Public California WITNESS my hand and ff l6ailieal Los Angeles County 14 Clio E 14, 2M ,i Signature f otdry P Ilc l OPTIONAL. Though the information below is not required by law it may prove valuable to persons relying a do um and could prevent fraudulent removal and reattachment of this form docu to another e to Description of Attached Document �) Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name _Jim Jackson ❑ Individual Corporate Officer Title(s) President/ Secretary fi ❑ Partner — ❑ Limited ❑ Generai ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing Garcia Juarez Construction, Inc r�I - Q: 1995 Nallonal Nolary Assocrallon 8238 Rommel Ave PO Box 7184 Canoga Park CA 91309 7 Number of Pages Signers Name ❑ Individual ❑ Corporate Officer Title(s) _- ❑ Partner — ❑ Limited © General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator . ❑ Other Top of thumb here Signer Is Representing 184 Prod No 5907 Reorder Call Toll -Free 1 800 876 6827 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Gamma Juamz construcbon Inc Bidder Name 26 91 0x _-10 9 --- Business Address City, State Zip Telephone Number Oy 9 y0 Im State Contractor s License No and Class _ /a/ I�/O `1 Original Date Issued Expiration date The work site was inspected by of our office on /d , 2006 The following are persons, firms, and corporations having a principal interest in this proposal -r A-- bra_ 5,,A- Garcia Juarez Construction Inc C 11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature Subscribed and sworn to before me this /)_ day of -T4 r , 2006. ,., VIENNALINDAGALINDO Commission.01569051 Notary Public- California Los Angeles County NOTARY PUBLIC Illy com. E 14, 2009 NOTARY SEAL Listed below are the names, add s d telephone numbers for three public agencies for which the bidder has performed similar rk ithin the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-12 Rev 10/17/05 GA.RCIA TUAREZCONSTRUCTION. INC Contract References City of San Clemente $940,000 ` Calle Las Bolas Storm Dram Mr Gary Voborsky (949) 279-9730 Los Angeles County Dept of Public Works $440,000 "1121h Street Replacement' Mr Joe Baker (562) 405-5715 City of Palos Verdes Estates, $80,000 'Beach Club Access Retairung Wall Mr Jim Pugh (310) 925 8700 City of Redondo Beach, $43,000 Seaside Lagoon Gate Mr Mike Shay (310) 318 0661 (# 2455) County of Orange $160,000 `Federal Storm Channel Mr Rick Alan (714) 448 8552 Los Angeles County Dept of Public Works, $180,000 `Private Drain 996 (Victoria St ) Mr Rene Bracamontes (310) 487-9254 (Projects completed by Jim Jackson while employed by SCU) City of Anaheim $423,000 ` Orangefair Lane Storm Drain Mr Ralph Harp (714) 765 5126 City of Huntington Beach, $1,003,000 'Alabama Street Storm Drain Improvements" Mr Duane Wentworth (714) 536 5517 City of Huntington Beach $593,000 Storm Water Treatment Project Mr David Verone (714) 375 8471 Lon Beach Water Department, $490,000 11 Street and St Louis Sewer Main Mr Robert Verceles (562) 570-2345 Rev 10/17/05 City of Long Beach $61,000 Atlantic Plaza Storm Dram Mr Teddy Noel (562) 570-5172 City of Huntington Park $815,000 "Sewer Main Improvements Mr Wes Lind (626) 447-4274 (# 210) City of Hawaiian Gardens, $667,000 `Carson Street Dram (Hawaiian Gardens) Mr Elroy Kiepke w/ Wildan (562) 908-6278 Compton Unified School District $99,000 Demolition and Site Clearing' (Compton) Mr Jeff Trueman w/ GKK (714) 423 9804 Los Angeles County Dept of Public Works, $1,471,000 "Atlantic Avenue - Phase 11" (Compton) Mr Johnny Oghoorian (626) 712-4820 Los Angeles County Dept of Public Works $6,200,000 "Project 9037" (Long Beach) Mr Rene Bracamontes (310) 487-9254 City of Yorba Linda $723,000 "Denver Avenue Storm Drain" Mr Scott Walker (714) 875-4714 (714) 986-9546 Los Angeles County Sanitation Districts $8,380,000 "Joint Outfall "H" Unit 2" (Paramount) Mr David Haug (562) 699-7411 (# 2128) Mr Dan Cory (310) 701-4925 Los Angeles County Dept of Public Works $504,000 "I 10'' Street Drain" (Athens) Mr Jimmy Shadab (310) 770-1990 Los Angeles County Sanitation Districts $1,404,000 "Wright Road Replacement Trunk Sewer" (Long Beach) Mr Jon Ganz (310) 638-1161 City of Seal Beach $652,000 "Seal Beach Boulevard Rehabilitation" Mr Gary Tomasetti (714) 412-2262 Rev 10/17/05 City of Beverly Hills $259,000 "Roxbury Drive Storm Drain" Mr Ara Maloyan (310) 285 2557 Los Angeles County Dept of Public Works $1,102,000 "Access Roads Project" (Los Angeles County) Mr Jimmy Shadab (310) 770-1990 Los Angeles County Dept of Public Works $721,000 "Hollyhills Drain" (Beverly Hills) Mr Tony Tajoh (626) 695-7292 Los Angeles County Dept of Public Works $1,200,000 "De Soto Avenue Drain " (Chatsworth) Mr Gary Ewells (626) 335-3966 (805) 338-3654 Los Angeles County Dept of Public Works $5,800,000 "Devonshire Drain Unit 1" (North Hills) Mr Del Quevedo (626) 458 6310 City of Vernon $1,220,000 "CMD Sewer Phase II" Mr Vince Rodriguez (323) 583-8811 Los Angeles County Dept of Public Works, $2,300,000 "Burnett Drain" (North Hills) Mr Imad Abboud (626) 458-3104 Los Angeles County Dept of Public Works $2,200,000 "Paula Drain" (Glendale) Mr Ruben Ainezcua (323) 720 9768 01/04/06 17 41 J " 949 boa 3995 _ HARRIS & kSSOCIJiTES 0001 003 �IXT90 CITY OF HUNTIINGTON BEACH CASH CONTRACT NO 1273 42 INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT +' ADDENDUM NO 1 BID OPENING DATE January 12, 2006 All prospective bidders are hereby notified that modification and/or changes are to be made to the contract documents for this project as entitled above Tho following items indicate revisions to the above referenced documents and are hereby made a part thereof and are subject to all applicable requirements thereunder as originally shown and/or specifiea Please wgn the acknowledgment of receipt of this Addendum and that said Addendum was prcperly evaluated in bidders proposal Any proposal not in compliance with this requirement may bE i ejec,ed Change, tc subject specifications reflected In this addendum Include Modifications to shoring requirements in areas to be trenched and/or excavated 1 REVISIONS TO SPECII ICATIONS SECTION 9 — MEASUREMENT AND PAYMENT Replace the sentence in Part C under item 7 Excava+ion Sheaqng, Shonrg & Bracing of Section 9 3 1 that reads This t id It{gym applies to all interlocking sheet pile shoring for trenching and excavation operat cns including launching and receiving pits With tho following sentence 7nis bid item applies to ah Interlocking sheet pile, or similar shoring for trenching and excavation operations including launching and receiving pits SI CTION 300 EARTHWORK Replai o the second paragraph wider Section 306 1 1 6 Bracing Excavations that reads Inter[o(king sheet plies are required for all excavations Including launching and receiving pits and pipe trenches to limit the inflow of perched ground water See gectechnical report for shoring / bracing requirements With the following paragraph Interla.king sheet plies or a similar shoring system that requires soldier beams plates and struts are required for all excavations Including launching and receiving pits and pipe trenches to limit the inflow of perched groi. nd water Bracing and shoring systems Shall be designed to Adcendurn No 1 - Page 1 of 2 01/04/06 17 42 1Vi 949 65o 3995 HARRIS & -kSSaCIkTES C 003/003 CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 47 INCH WATER TI1ANSMISSION MAIN SLIP LINING PROJECT __. ADDENDUM NO 1 insure trzat there is no erosion or Icss of soil undermining or degradation of facilities outside. of the exca anions See also geotechnical report for shoring / bracing requirements *r* I NE) OF ADDENDUM NO 1 * Aacendum No 1 — Page 2 of 2 01/04/06 47 41 ]kX 949 65o 3995 HARRIS &. kSSOCIkTES Z 001 003 THE CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT ADDENDUM FAX 1FRaM HARRIS & ASSOCIATES Phone (949) 655-3900 Fax (949) 655-3995 DATE IcLnuary 4 2006 M Al Plan Halde, s for the 42 inch Water Transmission Main Slip Lining Project Cash Contract No 1273 FROM Randall Berry PE Project k4anager Harris & Associates Call 1949) 655 — 3900 x 314 if you did not receive all THREE (3) Pages of this Fax SUBJE�.T Addendum to the 42-inch Water Transmission Main Slip -Lining Prgl ect, Cash Contract No 1273 COMMI NT's See attached Adderdurn No 1 FAX BACK IMMEDIATELY! '*"OUR FAX NUMBER IS (949) 655.3995"`"'* PLEASE SIGN AND FAX THIS SHEET BACK TO ACKNOWLEGE RECEIPT OF THIS THREE (3) PAGE ADDENDUM (including cover) ction Inc ame RepRXr en�aKe ( ity or Hunilington Beach Department of Public works 2000 Ma1n Street huntinglnii 135ach CA 9264E Phone (714)536 529 1) THE AMERICAN INSTITUTE OF ARCHITECTS El AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that weGar(.ia Juarez Construction Inc Mere rise t f it name and ddress o legal I tie of Co t actor) P O Box 309 Brea CA 92822 as Principal hereinafter called the Principal and International Fidelity Insurance Company (Here rise t full name and address o legal title of Surely) 1575 Treat Boulevard Suite 208 Walnut Creek CA 94598 a corporation duly organized under the laws of the State of New Jersey as Surety hereinafter called the Surety are held and firmly bound unto City of Huntington Beach (Fie a nse t full ame and add ess or I g i t tie of Owne ) Huntington Beach CA as Obligee hereinafter called the Obligee in the sum of I en Perc.cnt of the Amount of the Bid Dollars ($ 10 00% 1 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 42 Inch Water Transmission Main We a sect f li name add ess and desc pt on of p olect) NOW THEREFORE if the Obfigee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry 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 i 12th (Witness) (Witness) See Attached Surety All Purpose Notary Acknowledtrnent Form day of — January >1 2006 GarciriJuare7)Cdnstruu4ion Inc j \ (Principal) (Sea)) By ftle) International Fide y insurance Company B) � / - (Su [� (Sea!) r ( rile) Mark E Shreckengast torney in f act F. AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NY AVE N W WASHINGTON D C 20006 I$ Prinud on Recycled P uper 9193 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �3 (1 PState of California County of Los Angeles On 12 2006 before me Vienna Linda Galindo, Notary Public Date Name and Tdle of Ginter (e g Jane Doe Notary Public") personally appeared JiLrn Jackson rt Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) VIENNA LINDA GALINDO or the entity upon behalf of which the person(s) acted Commission #1569051 executed the instrume t �t Notary Public Callfornia LosAngeles County WITNESS my hand an offs 1 seal Cara lipm Aild 14 2M r h �I r i I Signature No ry ubllc i OPTIONAL ,i though the information below is not required bylaw )t may prove valuable to persons rielyingoll the of cement and could prevent �} fraudulent removal and reattachment of this form to another document i Description of Attached Document1 fi r �i Title or Type of Document 1 Document Date Number of Pages��' I Signer(s) Other Than Named Above �I 1 Capaclty(ies) Claimed by Signer(s) vl Signers Name Jim Jackson Signers Name ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer ' Title(s) President/ secretary Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator iiiiiiiiiiiialimcigm,W ❑ Guardian or Conservator ❑ Other Top of thumb here ❑ Other Top of thumb here Signer Is Representing Signer Is Representing Garcia Juarez Construction, Inc 0 1995 National Notary Assacialioo 8236 Remmat Ave PO Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800 876-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On January 12 2006 before me L iura L Hanna Notary Public personally appeared Mark L Shreckengast LAURA L HANNA a e� COMM # 1452703 � NOTARY PLBLIC CAJFORNtA LQS AhGELE5 COUNTY 1 My Ca rim Ex� res Nov 23 LM7 Place Notary Sea] Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument WI INESS my hand and official seal 2) qxj -- Signature of N Public Though the information below is not required by law it may prove valuable to persoas relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer s Name Individual _Corporate Officer Title(5) _Partner _Litnited General X Attorney in Fact Trustee Guardian Other Signer is Representing Number of Pages Tel (973) 624 7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE ONE NEWARK CENTER 20TH FLOOR NEWARK NEW JERSEY 07102 5207 FOR BID BOND[RIDER/CONSENTS/A kMAMS KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized and existing laws of the State of New Jersey and having its principal office in the City of Newark New Jersey does hereby constitute and appoint MARK 9 SHRECKENGAST JULTE M ORMONDROYD Los Angeles CA its true and lawful anorney(s) in fact to execute seat and deliver for and on its behalf as surety any and all bonds and undertakings contracts of mdemntty and other writings obligatory in the nature thereof which are or maybe allowed required or pernntted by law statute rule regulation contract or otherwise and the execution of such instrument(s) in pursuance of these presents shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office This Power of Attorney is executed and may be revoked pursuant to and by authonty of Article 3 Section 3 of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February 1974 The President or any Vice President Executive Vice President Secretary or Assistant Secretary shall have power and authority (1) To appoint Attorneys in fact and to authorize them to execute on behalf of the Company and attach the Seal of the Company thereto bonds and undertakings contracts of indemnity and other writings obligatory ur the nature thereof and (2) To remove at any time any such attorney in fact and revoke the authority given Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duty called and held on the 29th day of April 1982 of which the following is a true excetpL Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by Facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached TY l yf IN TESTIMONY WHEREOF INTERNATIONAL FEDELTTY INSURANCE COMPANY has caused this instrument to be ©pp -- G'P signed and its corporate seat to be affixed by its authorized officer this 31st day of August A it 1998 SEAL rn GQ� -"S INTFRNATIONAL FIDELITY INSURANCF CO c t� y 1904 a, STATE OF NEW JERSEY 3�aS�t.p County of Essex 00 Vice Pr id"t On this 31st day of August 1998 before me came the individual who executed the ppreceding instrument to me personally known and being by me duly sworn said the he is the therein described and authorized officer of the INTERNATIONAL FIDEIXI`Y INSURANCE COMPANY that the seal affixed to said instrument is the Corporate Seal of said Company that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company IN TESTIMONY WHEREOF I have hereunto set my hand affixed my Official Seal �- at the City of Newark New Jersey the day and year first above written CO NOTARY o PUBLIC JERS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov 21 2005 I the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit and the copy of the Section of the By Laws of said Company as set forth in said Power of Attorney with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY and that the same are correct transcripts thereof and of the whole of the said originals and that the said Power of Attorney has not been revolted and is now in full force and effect IN TESTIMONY WHEREOF I have hereunto set my hand this 12th day of January 2006 Assistant Secretary lli�hIaAffl 223o S, f f K r� t`� r tine.. N f, Cg ZZf -q 7- RECEIV D 2006 JAN 12 PM 1: 52 i , Y (.-; CITY OF HUNT1N Gi 0 N� B, :ACH 2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK March 27 2006 Highland Engineering 2230 S Huron Dr Santa Ana, CA 92704-4947 PE CC-1273 — 42 Water Transmission Main Slip -Lining Project Enclosed please find your original bid bond for CC 1273 Sincerely JL Flynn City Clerk JF pe enclosure CALIFORNIA 92648 (Telephone 714536 5227) I SECTION C ' PROPOSAL for the ' CONSTRUCTION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ' CASH CONTRACT No 1273 in the 1 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 1st Notice ' to Proceed will be issued for materials procurement Aftei undersigned submits proof of materials procurement and a detailed construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will ' then issue a 2"d Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Forty (40) working day Construction Period ' 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 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 consider �lls� �0� Accompanying this proposal of bid find f� l�4�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 Rcceived Btddcr's Signature 10 Item _ Unit No Description Mobilization XO� Cost Total Cost 1 $ 37Sm-a $ 37, � c>�, IV Procurement of Video Camera for CCTV inspection 'Q 1 2 $S 3t2 $ 5Z 31s �s of 42 inch pipeline —� Preliminary Inspection and Testing of existing --4— 3 $3l,314 q S $ 331�,sf5 pipeline Traffic Control include traffic control plans {_ _ 4 $.37Sum cu $ 37 Sad, ua i 5 Potholing 4 EA $ $ '�jy�/ 3Z 6 Protect in place or replace existing utilities 6 EA $ 71 $ 3Z 26 7 Excavation Sheeting Shoring &Bracing 1 LS $ 37� 379J9WOd"A 8 Launching and Receiving Pits 4 places 1 LS $ 6�11 $10J7M C2 I F 0 Item No Description Quantitv Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $ $rC#� 10 Connection to existing 30 inch pipe one 30 inch Steel Spool and Isolation Flange Kit I LS $ 3113% 3l $ 31 3 6 3! 11 30 inch steel Bulkhead with 4 inch outlet I EA $-7 $ 6Y6,-t 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $ 7816 29 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS $ 14 8 inch Pump out Assembly 3 EA $.fig $ lq / 15 4 inch Air Vacuum Valve Assembly 2 EA $S,/77 7) $ 10f35S, Y2 16 Connection to existing 42 inch pipe inc 42 inch Spool and Isolation Flange Kit 1 LS $ 2.1l, 61581 $ Zg/ bt5 gy 17 42 inch steel Bulkhead with 4 inch outlet I EA $ Zlolgi7e4 $ Z4,110. 18 External Joint bonding of existing 42 inch pipeline 10 Joints $ /,1(oy 7-C $ !l� fvY?a 19 30 inch Butterfly Valve 2 EA $ ZS1015 W7 $ 51, Z71 7 y 20 24 inch Butterfly Valve I EA $ ?-340Z Z9 $ Z34 6n Z8 21 Remove 12 inch ACP Tee and abandon connection to 42 inch pipe at the intersection of Hallcroft and Varsity 1 LS $b,92�1 Rz $ 4".?Zxi 9z 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards 1 LS $1318W $ Mkwf gy 23 Cathodic Protection I LS $A7y9 97 $ 41617glpf `17 24 Annular Space Filled with cementitious grout 450 CY $ Z37 6a $/o&j(a�,vn 25 Remove and Replace existing Concrete Curb and Gutter 70 LF $ /6 2- y $ ff 34 Sa 26 Remove and Replace existing Sidewalk 385 SF $ 1-1 r? $ !v(o lD yS 27 Remove & Dispose of Contaminated Soil 345 CY $ qZ lJ $ 1 ?77 175 28 Imported Soil 345 Cy $ '4 oa $... 6,380 � _ C3 Item No Description Quantity Unit Unit Cost Total Cost 29 Hydrostatic Testing Flushing Chlorination & Bacteriological Testing 1 LS $7 40 $ 30 Demobilization and Cleanup I IS $ 3%6iy $ 31 2 Layers of Polyethylene Encasement for the 30 Inch DIP i F !gam $� ro$Oreb T(-J1 k L Notes All extensions of unit prices will be subject to ven, verification between the unit price and the extension i The Owner reserves the right to reject any or all propo LIST OF SUBCONTRACT 4 z-1 I %/?S co t case of a rn In accordance with Government Code Section 4104 the Bi ie name and business address of each subcontractor who will perform wor he 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 of Work Name and Address of Subcontractor r ` s State License Number Class Co,,,t4 M. I /V�14 � r Lc� C4 By submission of this proposal the Bidder certifies i That he is able to and will perform the balance of all work that is not covered 1n 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 Y lttKf Ole � a"! Hel.,4 )� (GYM my k C 5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange R1 (1k d.V-L YM)OVf S o r\ being first duly sworn deposes and says that he ef: she is 0,Do i SEC- of 411jgY4 G^41ir�ger+" of -CA the party making the foregoing bid that the bid is not made in t e interest o or on e 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 p lid and will not pay fee to any corporation partnership company association, organization bid depository or to any member or agent thereof to effectuate a collusive or sham bid Name of Bidder ignature of Bidd 7a�- Address of Bidder Subscribed and sworn to before me this 124+^ day of 2005 NOTARY PUBL JOEUE 1HOMPWN 16,MV t�lWMPublic Caboonva O�County Comm EVkw Feb 12 2 NOTARY SEAL C6 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 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ' (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 ' "Qualif ed 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 Contractor By Title /11 Date O� ' C7 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 "_KNo 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 Cs I 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 1 will comply with such ' provisions before commencing the performance of the work of this contract ' Date Contractor By A� Title C9 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 Govermunent Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert Identification Number call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number Contractor 0 Title Date Note This form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request C 10 0 PB1L1LJ/11J/1' R'S RNFO1101V'1 ATRO1`7 BIDDER certifies that the following information is true and correct: 11 V dQ"gad F Y4anertta Bidder Name lez 5a 1:5;DIiT9O 16114i�'�Kl ,�i� 1� Business Address G 9Z704- u State Zip er 640/. - 7 114 State Contractor's License No. and Class Original Date Issued Expiration D The work site was inspected by 6, D. dU7�o*-5 of our office on Y 6 12006. The following are persons, firms, and corporations having a principal interest in this proposal: 11 C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability fin-ncially or otherwise to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth Ova Company Name _ 'Si ature of Bides Printed or Typed Signature Subscnbed and sworn to before me this 12' day of JoKtAa NOTARY PUBLI 2005 pion � t 652196 Noloiy h�CaMY ,a Mvoornrn. V r NOTARY SEAL Listed below are the names address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 2 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No of Project Manager Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No of Project Manager Date Completed Date Completed IN Contract Amount Type of Work Date Completed C 12 THE AMERICAN INSTITUTE OF ARCHITECTS SC1A348 KNOW ALL MEN BY THESE PRESENTS that we HIGHLAND ENGINEERING OF CALIFORNIA, INC 2230 & HURON DRIVE SANTA ANA CA 92704 (Here insert full name and address or leg l Linn of Contractor) as Principal hereinafter called the Principal and SAFECO INSURANCE COMPANY OF AMERICA 120 VANTIS ALISO VIEJO CA 92656 a corporation duly organized Wunder the laws of the State of WASHINGTON as Surety hereinafter called the Surety are held and firmly bound unto CITY OF HUNT INGTON BEACH ([sere insert full narne and address or legal litic of Owner) as Obligee hereinafter called the Obligee in the sum of Ten Percent: of Amount 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 asstgns jointly and severally firmly by these presents WHP,REAS the Principal has submitted a bid for 42 'Water Transmission Mam Slip Lmmg Project (Here insert full narne address and description of project) NOW THEREFORE if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Doewnents with good and sufficient surc,ty for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof or In the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to exceed the, penalty hereof betwccn the amount specified m 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 12th day of January 2006 SAFECO INSURANCE COMPANY OF AMERICA (Sure ) Seal) t ( itness) (Title)SUSAN A TOO EY, Attorneyan-Fact AtA DOCUMENT A310 BID BOND AIA W FEBRUARY 1970 LD rHE AMERICAN INSTITUTE OI• AR(,HII N CTS, 1735 N Y AVE N W W ASHINGI ON D C 20006 WARNING Unlicensed photocopying violates U S copyright laws and is subject to legal prasecution POWER SAFECO Insurance Comparry S A F E C O PO Box 34526 OF ATTORNEY Seattle WA 98124-1526 No 6982 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA a Washington corporation does hereby appoint r*****BARRYR FARR DAVIDJ MCKFF DAVIDJ HICKMAN SUSANA TOOMEY BRENDAS OLSON VALLRIhPFREZ PACHECO Tempe Arizona* is true and lawful attomey(s) in fact with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a imilar character issued in the course of its business and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 27th day of 4 [.t- Pe,� 1 CHRISTINE MEAL} SECRETARY MIKE MCGAVICK PRESIDENT CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA 2004 Article V Section 13 FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that 3urpose by the officer in charge of surety operations shall each have authority to appoint individuals as attorneys -in fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument conferring such authonty ar on any bond or undertaking of the company the seal or a facsimile thereof may be impressed or affixed or in any other manner reproduced provided 7owever that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28 1970 On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V Section 13 of the By Laws and (ii) A copy of the power -of attomey appointment executed pursuant thereto and (in) Certifying that said power -of attorney appointment is in full force and effect the signature of the certifying officer may be by facsimile and the seal of the Company may be facsimile thereof I Christine Mead Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By Laws and of a Resolution :)f the Board of Directors of this corporation and of a Power of Attomey issued pursuant thereto are true and correct and that both the By Laws the Resolution and the Power of Attorney are stiff in full force and effect IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation this 12trh day of January 2006 SEAL a I953 CHRISTINE MEAD SECRETARY c IWV)MAGclyrni C, E,11 2906 JAB 12 P 'f : 55 ' SECTION C ' PROPOSAL for the ' CONSTRUCTION OF ' 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ' CASH CONTRACT No 1273 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 1st Notice to Proceed will be issued for materials procurement After undersigned submits proof of materials procurement and a detailed construction schedule to AGENCY, and after AGENCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2°d Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Forty (40) working day Construction Period ' 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 ' C1 If awarded the Contract the undersigned agrees that in the event of the BIDDER'S default to 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 Bid Bond in the amount of S IA 4 IWL 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 Bidders Signature e f �y Item No Description Quantity Unit Unit Cost Total Co 1 Mobilization 1 LS $ 22J1&w 0 $ 71 P,5 c v [,o 2 Procurement of Video Camera for CCTV inspection of 42 inch pipeline 1 LS $ 400M 00 $ 40WO 60 3 Preliminary Inspection and Testing of existing pipeline 1 LS $t5`tablh3 $ 1�' 4 fraffie Control include traffic control plans 1 LS $:R5uo.CV $ 3 6�V Ca 5 Potholing 4 EA $ r JOPO 00 $ Um LV 6 Protect in place or replace existing utilities 6 EA $ imm 00 $ Goo 00 7 Excavation Sheeting Shoring & Bracing 1 LS $� j AYY w $ S by 8 Launching and Receiving Pits 4 places 1 LS $A. W bd $ 0 C2 I 10 I 1 Item No Description Quantrt Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $ 10 Connection to existing 30 inch pipe inc 30 inch Steel Spool and Isolation Flange Kit 1 LS $h�" 0o $1II,00o Co 11 30 inch steel Bulkhead with 4 inch outlet 1 EA $ $ O tm 00 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $ $ COO co 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS $ �f3L b a� $ VI" CO 14 8 inch Pump out Assembly 3 EA $ YIPS W $ �9-61Z Co 15 4 inch Air Vacuum Valve Assembly 2 EA $36 QV W $ 70, WO 00 16 Connection to existing 42 inch pipe me 42 inch Spool and Isolation Flange Kit I LS $ �'j5iQZ0 $ 'E YaV 49 17 42 inch steel Bulkhead with 4 inch outlet l EA $10 4w $ ILI Ob 18 External Joint bonding of existing 42 inch pipeline 10 Joints $ 1,9X 4o $ 4,429 6t7 19 30 inch Butterfly Valve 2 EA $ /P (VO d�o $ ZO aby 20 24 inch Butterfly Valve 1 EA $1 %4w $ / 6, 6W 4p_ 21 Remove 12 inch ACP Tee and abandon connection to 42 inch pipe at the intersection of Hallcroft and Varsity I LS $ .Fj MZ g7 $ 5, OW GO 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards 1 LS $fl o & 00 23 Cathodic Protection 1 LS $moo $ 1 p— 0 24 Annular Space Filled with cementitious grout 450 CY $ 92v0 $pp 25 Remove and Replace existing Concrete Curb and Gutter 70 LF $ 95 Do $ 2, o Oy 26 Remove and Replace existing Sidewalk 385 SF $ 8 LI7 $ CO 27 Remove & Dispose of Contaminated Soil 345 CY $ 155Oy $ 19"775 ev 28 Imported Soil 345 CY C3 Item No Description Quantity Unit Unit Cost Total Co " 29 Hydrostatic Testing Flushing Chlorination & Bacteriological Testing 1 LS $ ID ► o Oo $ /0"040 co 30 Demobilization and Cleanup l LS $r5o $,ft5inz 00 31 2 Layers of Polyethylene Encasement for the 30 Inch DIP 3210 LF $ 3 ao $ 9,(p' o 00 Notes All extensions of unit prices will be subject to verification by Owner In case of a verification between the unit price and the extension the unit price will govern The Owner reserves the right to reject any or all proposals and bid items � � 00 LIST OF SUBCONTRACTORS r % 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 of Work��� Name and Address of Subcontractor n Statc License Number Class ' z ,f�U gD3s4!9 c fi ler! �' 7 0 ���vG * lei C4 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the tabove subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. r r C_5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of UrKWe Los Angeles Terrell Mar o n e y , being first duly sworn, deposes and says that he or Xk(Xis Area Manager of .T- Fletrher Creamer 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. Terrell Maroney Name of Bidder Signature of Bidder 12874 San Fernando Road Sylmar CA 91342 Address of Bidder Subscribed and sworn to before me this 11 thday of January , 200% 6 NOTARY PUBLIC James Allen E A Mai F AUNDd Coffadofon N CoMOM) ) Meloy Pud- CW ft L=Ang0nCaWm* m.Aud 11 NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA ' Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the 42-INCH WATER TRANSMISSION MAIN SLIP -LINING ' PROJECT. (l)(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 � P �' p g 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. ' J. Fletcher Creamer & Son, Tnc, Contra D��Terrell Maronev By .� ' Area Manager - California Title Date: January, 11, 2006 C-7 v 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 I] No If the answer is yes, explain the circumstances in the space provided. w w w w a Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: January 11, 2006 J. Fletcher Creamer & Son, Inc. Contractor Terrell Maroney By Area Manager - California Title C-9 1W UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER �~ (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 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-10 f] C I 0 I� BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: J. Fletcher Creamer & Son, Inc. Bidder Name 12874 San Fernando Road Business Address Sylmar CA 91342 a, State Zip 7 , 88) 367.9748 ext. 301 "T*hone Number 587920 Class "A" State Contractor's License No. and Class 2/6/1990 Original Date Issued 2/28/2006 Expiration Date y00to The work site was inspected by Terrell Maronepf our office on 5 The following are persons, firms, and corporations having a principal interest in this proposal: PLEASE SEE ATTACHED C-11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. J. Fletcher Creamer & Son, Inc. Company Name Signature of Bidder Terrell Maroney Printed or Typed Signature Subscribed and sworn to before me this 11 day of January- , 20N- 6 DAMES ALL Cortxrdasion * 1594921 Notary Public - Caftffda Los Angeles CourNy I&IMy Comm. Expkes Jul 14. , NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1- Padre Dam Municipal Water District 9300 Fenita Pkwv. Santee. Ca 92071 2 F Name and Address of Public Agency Name and Telephone No. of Project Manager: Al Lau 619.596.1804 Sludge Line Rehabilitation $1,347,745.00 Water Recycled Facilities Force Main 2002 Contract Amount Type of Work Date Completed Los Angeles Dept. of Water & Power 111 N. Hope St. LA,CA 90012 Name and Address of Public Agency Name and Telephone No. of Project Manager: Wilfredo Paz 213.367.2250 $ 1,085,865.00 Install 4,550 LF of 30" HDPE May 2002 Contract Amount Type of Work Date Completed Padre Dam Municipal Water District 10887 Woodside Ave, Santee, CA Name and Address of Public Agency 92071 Name and Telephone No. of Project Manager: Dan Black 619. 448.3111 $1,985,725.00 24" HDPE by Pipe Pursting September 2004 Contract Amount Type of Work Date Completed C-12 CITOF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 27, 2006 J. Fletcher Creamer & Son, Inc. 12874 San Fernando Rd. Sylmar, CA 91342-3731 RE: CC-1273 — 42" Water Transmission Main Slip -Lining Project Enclosed please find your original bid bond for CC-1273. Sincerely, Jo L. Flynn Ci Clerk JF:pe enclosure CALIFORNIA 92648 (Telephone: 714-536-5227 ) J. FLETCHER CREAMER & SON, INC. CONTRACTORS "ANEQUAL OPPORTUNITY EMPLOYER" 101 EAST BROADWAY, HACKENSACK, NEW JERSEY 07601 (201) 488-9800 Corporate Officer Name Chief Executive Officer/Director J. Fletcher Creamer President/Director J. Fletcher Creamer, Jr Executive Vice President/Director Glenn L. Creamer Vice President/Director Dale A. Creamer Vice President — Operations George Kreis Vice President — Heavy Const. Brad Jorrey Vice President — Utilities Joseph T. Walsh Chief Financial Officer Andrew Clark Wood Treasurer John Martin Secretary Estelle R. Marafino Number & Street 101 East Broadway 101 East Broadway 175 Chestnut Ridge Road 426 Airmount Avenue 47 Mill Road RD 2 — Bartbull Road 23 Winding Brook Way 40 Sheffield Road 3 Newark Avenue 41 Van Orden Road Directors Name Number & Street J. Fletcher Creamer 101 East Broadway J. Fletcher Creamer, Jr. 101 East Broadway City, State & Zip Hackensack, NJ 07601 Hackensack, NJ 07601 Saddle River, NJ 07458 Ramsey, NJ 07446 Woodcliff Lake, NJ 07675 Middletown, NY 10940 Shrewsbury, NJ 07702 Summit, NJ 07901 Westwood, NJ 07675 Harrington Park, NJ 07640 City, State & Zip Hackensack, NJ 07601 Hackensack, NJ 07601 Glenn L. Creamer 175 Chestnut Ridge Road Saddle River, NJ 07458 Dale A. Creamer 426 Airmount Avenue Ramsey, NJ 07446 J. FLITCHER CREAMER C SON, INC. To Whom It May Concern: This will confirm that Terrell Maroney, of J. Fletcher Creamer & Son, Inc., has authority to sign bids for work to be performed on behalf of the Company. J. FLETCHER CREAMER & SON, INC. By: J. etcher Creamer, Jr., President -41 Attest:2 �4 Seal J rge R. Hofhein , Assistant cretary License Detail Page 1 of 2 California Home Wednesday, Janu. .. _Agp;� License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 587920 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lip button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 01/11/2006 * * * Business Information * * * J FLETCHER CREAMER & SON INC 12874 SAN FERNANDO RD SYLMAR, CA 91342 Business Phone Number: (818) 367-9748 Entity: Corporation Issue Date: 02/06/1990 Expire Date: 02/28/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * ClassI Description WI GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 687198 in the ami $10,000 with the bonding company http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 1/11/2006 I icense Detail Page 2 of 2 SURETY COMPANY OF THE PACIFIC Effective Date 01 /01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1) This license filed Bond of Qualifying Individual i 100006727 for TERRELL LYNN MARONEY in the amount of $7,500 with the bonding co AMERICAN CONTRACTORS INDEMNITY COMPANY Effective Date 12/27/2005 * * * Workers Compensation Information * * * This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number RTC2JUB4683B30A05 Effective Date 03/31/2005 Expire Date 031311 Workers Compensation History i Personnel listed on this license (current or disassociated) are listed on other liter Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request p 2005 State of California Conditions of Use PrivacyPolicy http //www2 cslb ca gov/CSLB LIBRARY/License+Detail asp 1/11/2006 State Of Cadircrnia CONTRACTORS STATE UCENSE BOARD ACTUE LICENSE rr , , 587920 coRp ,..- J FETCHER CREAMER & SON ING =—ac4 A mom,. 02/28/2006 01/05 2006 09 04 FAX Z001 THE CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT ADDENDUM FAX FROM HARRIS & ASSOCIATES Phone (949) 655-3900 Fax (949) 655-3995 DATE January 4, 2006 TO All Plan Holders for the 42-Inch Water Transmission Main Slip Lining Project Cash Contract No 1273 FROM Randall Berry, PE, Project Manager Hams & Associates Call (949) 655 — 3900 x 314 if you did not receive all THREE (3) pages of this Fax SUBJECT Addendum to the 42-Inch Water Transmission Main Slip -Lining Project, Cash Contract No 1273 COMMENTS See attached Addendum No 1 FAX BACK IMMEDIATELY! **"OUR FAX NUMBER IS (949) 655-3995*** PLEASE SIGN AND FAX THIS SHEET BACK TO ACKNOWLEGE RECEIPT OF THIS THREE (3) PAGE ADDENDYM includin�g cover) REMILER CREAMER & SON [N CONTRACTOPS 17lr7d REAL �oin�inn on Corn any 91342 Representative Signature Terrell Maroney City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach CA 92646 Phone (714)536 5291 01/05/2008 09 04 FAX Z 002 •�, CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ADDENDUM NO 1 BID OPENING DATE January 12, 2006 All prospective bidders are hereby notified that modification and/or changes are to be made to the contract documents for this project as entitled above The following Items indicate revisions to the above referenced documents and are hereby made a part thereof and are subject to all applicable requirements thereunder as originally shown and/or specified Please sign the acknowledgment of receipt of this Addendum and that said Addendum was properly evaluated ,n bidder's proposal Any proposal not to compliance with this requirement may be rejected Changes to subject specifications reflected in this addendum include Modifications to shoring requirements in areas to be trenched and/or excavated 1 REVISIONS TO SPECIFICATIONS SECTION 9 — MEASUREMENT AND PAYMENT Replace the sentence in Part C under Item 7 Excavation Sheeting, Shoring & Bracing, of Section 9 3 1 that reads This bid item applies to all interlocking sheet pile shoring for trenching and excavation operations including launching and receiving pits ' With the following sentence "This bid item applies to all Interlocking sheet pile or similar shoring for trenching and excavation operations including launching and receiving pits ' SECTION 300 - EARTHWORK z Replace the second paragraph under Section 306 1 1 6 Bracing Excavations that reads "Interlocking sheet piles are required for all excavations including launching and receiving pats and pipe trenches to limit the inflow of perched ground water See geotechnical report for shoring / bracing requirements " With the following paragraph Interlocking sheet piles or a similar shoring system that requires soldier beams plates and struts are required for all excavations including launching and receiving pits and pipe trenches to limit the inflow of perched ground water Bracing and shoring systems shall be designed to Addendum No 1 — Page 1 of 2 01/05/2006 09 04 FAX 116003 'a ,� CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT ADDENDUM NO 1 insure that there is no erosion or loss of soil undermining or degradation of facilities outside of the excavations See also geotechnical report for shoring 1 bracing requirements ' "` END OF ADDENDUM NO Addendum No 1 - Page 2 of 2 rt SAFECO INSURANCE COMPANY OF AMERICA e GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERtCA ® HOME OFFICE. SAFECO PLAZA $ �Q SEATTLE WASHINGTON 0$185 r :• X KNOW ALL BY THESE PRESENTS, That we, J FLETCHER CREAMER & SON, INC of 12874 SAN FERNANDO ROAD, SYLMAR, CA 91342 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA(hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE TOTAL AMOUNT BID --------------- Dollars ($-10%--)for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for CONSTRUCTION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT NO 1273 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee, for the faithful performance of the said Contract, then this obligation shall be void otherwise to in remain in full force and effect Signed and sealed this 12TH day of JANUARY , 2006 J FLETCHER CREAMER & SON, INC BY Witness Title & Seal Ju get R Hofheinz Dale A Creamer Vice Piesirieat Assistant Secretary SAFECO INSURANCE COMPAN OF AMERICA BY �I / CHRIS REDER, AS TO SURETY CHERYL R COL , ATTORNEY-IN-FAC SAFECO INSURANCE COMPANY OF AMERICA e GENERAL INSURANCE COMPANY OF AMER' CA FIRST NATIONAL INSURANCE COMPANY OF AMERICA O HOME OFFICE. SAFECO PLAZA SAFEM SEATTLE WASHINGTON 96185 F CONSENT OF SURETY We, the undersigned, SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to do business in the State CALIFORNIA with offices at 1200 MACARTHUR SLVD , MAHWAH, NJ OV430 do hereby consent and agree with CITY OF HUNTINGTON BEACH, CA that if the foregoing proposal of J FLETCHER CREAMER & SON, INC for CONSTRUCTION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT - CASH CONTRACT NO 1273 be accepted and the contract be timely awarded and executed by 4 J FLETCHER CREAMER & SON. INC we will, upon its being so awarded and entered into, become surety for the said J FLETCHER CREAMER & SON, INC in a sum not to exceed ONE HUNDRED PERCENT OF THE TOTAL CONTRACT AMOUNT Dollars ($---- 100% ----- )for the faithful performance and payment of said contract Signed, sealed and dated this 12TH day of JANUARY, 2006 SAFECO INSURANCE COMPANY OF AMERICA 'A� BY Cheryl t Coleman, Attorney-Iri-Fact ACKNOWLEDGMENT BY PRINCIPAL, IF A CORPORATION STATE OF NEW JERSEY COUNTY OF Bergen On this 12TH day of JANUARY 2006 before me personally came Dale A Creamer to me known to be the person duly sworn, did depose and say, that he/ahm resides in Ramsey NJ that he/sha is Vice President of J FLETCHER CREAMER & SON, INC the corporation described in and which executed the foregoing instrument that he/she knew the seal of said corporation, that the seal affixed to said instrument was such corporate seal that it was affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order Sworn before me the date set forth above Notary Public RAFFAELLA BELLIM !VOTARY PUBLIC STATE OF NEW .JERSEY MY COMMISSION EXPIRES SEPT. 20, 2007 10 # 2292025 ACKNOWLEGEMENT OF SURETY STATE OF NEW JERSEY COUNTY OF MORRIS On this 12th day of January , 2006, before me personally came Cheryl R Coleman , to me known, who being duly sworn, did depose and say that he/she is an Attorney -In -Fact of Safeco Insurance Company of America and knows the corporate seal thereof, that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he/she signed said instrument as an Attorney -In -Fact of said Company by like authority r My Commission Expires otary Public CHARLOTTE GOODMAN Notary Public Of New Jersey My Commission Expires Aprsl 21 2008 n Y S O ROWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE WASHINGTON 98185 No 12893 KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA each a Washington corporation does each hereby appoint **JEFFREY R KANE MARIA RODRIGUES JEROME N WALDOR MARC N WALDOR PETFR R WALDOR CHERYL R COLEMAN Florham Park Ni-w Jersev** its true and lawful attorney(s) in fad with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business and to bind the respective company thereby IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 20th day of August CHRISTINE MEAD SECRETARY MIKE MCGAVICK PRESIDENT CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA 2003 Article V Section 13 FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as attorneys in fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company the seal or a facsimile thereof may be impressed or affixed or in any other manner reproduced provided however that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 On any certificate executed by the Secretary or an assistant secretary of the Company setting out (I) The provisions of Article V Section 13 of the By Laws and (n) A copy of the power of attorney appointment executed pursuant thereto and (sit) Certifying that said power of attorney appointment is in full force and effect the signature of the certifying officer maybe by facsimile and the seal of the Company maybe a facsimile thereof I Chnstine Mead Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby certify that the foregoing extracts of the Uv Laws and of a Resolution of the Board of Directors of the— co porations and of a Powe of Attorney i jed pur-_anf +hereto are true and correct and that bath the By Laws the Resolution and the Power of Attomey are still in full force and effect IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation CP SEAL EDf WASh'1N" this 12TH Cog SEAL T 1 zy �E day of JANUARY 2006 CHRISTINE MEAD SECRETARY S 09741SAEF 2101 ® A registered trademark of SAFECO Corporation 0a12012003 PDF SAFECO NSURANCE COINLpANY OF A1vIERICA MkNC'IAL STATENM-NTT — DECEMBER 31, 2004 Assets Cash and Bank Drposits........................ ........... . S (52 a92,321) *Bonds —U.S Gove nment_.-...:.....................-__.__-...._25L982.058 *Other Bonds_ ................... ....................... .... ......- 2,582,533--516 Stocks-------------•---------••---•----------._...-•------------------.._. 444.878.607 RealEstatr............................................................... 9,485,908 AL,mts' Balances or Uncollected Premiums -------------- ___367,916,616 Accrued Interest and R-n+-------------------------------------- 39-230,044 Other Admitted Assets ............................................ I42.067.106 Total Admitted Assets Liabilities unearned Prcmiutrs.............................................. S 710,499-599 Reserve for Claims and Claims Expense .__- ...............1,590,324�5 90 Funds Held Under Reinsurance Treaties ------ ...----- 114,4I7 Reserve for Dividends to Policyholders..._..._._....................836,898 Additional Statutory Reserve ................................ _ Reserve for Commissions, Takes and Other I,iabilities......... .................................. 440.428.802 Total -__.__------------------- _._....... _..___-.__. S2,742,204,306 Capital Stock -- ----------- --------------- S 5,000,000 Paid in Surplus ............ —•------........ 233,187,958 Unassimed Surplus ................... 805.209.270 Surplus to Policyholders ----------------------- 1.043.39i 228 Total Liabilities and Sur -plus ------------------------------ L ,' 6(i1-5;4 Bonds are stated a: amortized or investment value; Stocks at/ssociation Market Values. Securities dried at Si 53,000,775 are deposited as required by law. S_R,'kT 4 } � b ar �03 'ram /C L. iv1IC*iAE1- C. PETERS, president of SAr-'CO ir_siu cc Company, do hereby certify that the foregoing is a true; and co_-ect sat -met of the Assets and Liabilities of said Corporation, as of December 31, 2004, to the bst ofmy knowledge and belief - IN V TNE'SS W �REOF, I have hereunto set my hand and atnxed the sal ofsaid Corporation at Seattit, Washiroton, this Ist day of N,a ch 2005. President c:2-'', WC2 SA reai$We d tad —a* of SA==CD CarAc: afeon m a nAn I nnn ounnunicimi General Engineering Contractor 1500 W. 9 Street • Uplond, CA 91786 - s(436 EJ 0 EIV'E" 2606 JAN 12 PM 1: 57 t 1P ; Y 1{ City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, Ca. 92648 BID PROPOSAL FOR: 42" Water Transmissior Main Slip -Lining Project, Contract No. 1273 Bid Date: January 12, 2006 at 2:00 PM L CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK March 27, 2006 Mladen Buntich 1500 W 9th Street Upland, CA 91786-5636 RE CC-1273 — 42" Water Transmission Main Slip Ling Project Enclosed please find your original bid bond for CC-1273 Sincerely I/Jiro) oan L Flynn City Clerk JF pe enclosure (Telephone 714 536 5227) k ,J SECTION C PROPOSAL for the CONSTRUCTION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT No 1273 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL 01 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 I" Notice to Proceed will be issued for materials procurement After undersigned submits proof of materials procurement and a detailed construction schedule to AGENCY, and after AGFNCY issues a written approval of undersigned's construction schedule, AGENCY will then issue a 2°a Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Forty (40) working day Construction Period 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 ;or 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 companng 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 wtLI 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 C1 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 610 tJ AO in the amount of $-]p o K 1310 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) BLC,, Item No Description Quantity Unit Unit Cost Total Cost 1 Mobilization I LS $3_^ $ 1750 a. 2 Procurement of Video Camera for CCTV inspection of 42 inch pipeline 1 LS $43g75 $ 41975 3 Preliminary Inspection and Testing of existing pipeline I LS 0o $��,,,Y, m 4 Traffic Control include traffic control plans I LS $ � m $+, 5 Potholing 4 EA $' 275 $ 21W 90 6 Protect in place or replace existing utilities 6 EA $ 2��� o0 $ j2coo 7 Excavation Sheeting Shoring &Bracing I LS $ r_. G%�� $ 124 OW' O" 8 Launching and Receiving Pits 4 places 1 LS $400,OV +a $ 160 C2 Item No Description Quantity Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $:2lX ,��la 10 Connection to existing 30 inch pipe inc 30 inch Steel Spool and Isolation FIange Kit 1 LS o• $ 5= as $ tj,CM 11 30 inch steel Bulkhead with 4 inch outlet l EA $ 8,5Z" $ J3 <ZD 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $1'XO AP $ to 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS 4o $���+ ao $ �� 14 8 inch Pump out Assembly 3 EA $25 �° 15 4 inch Air Vacuum Valve Assembly 2 EA 00 $ � $ 16 Connection to existing 42 inch pipe inc 42 inch Spool and Isolation flange Kit 1 LS $15,mo $-75= 17 42 inch steel Bulkhead with 4 inch outlet I EA $14M $ 14c 18 External Joint bonding of existing 42 inch pipeline 10 Joints $24gg0,vi $ 2q, goo, 19 30 inch Butterfly Valve 2 EA 0' $'2f5 OW a� $ S__ 6_ew,_ 20 24 inch Butterfly Valve 1 EA 0o ao 21 Remove 12 inch ACP Tee and abandon connection to 42 inch pipe at the intersection of Halleroft and Varsity 1 LS a, $ o, 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards I LS W $ sv 23 Cathodic Protection 1 LS $� $5 o0 24 Annular Space Filled with cementitious grout 40 CY $ Z10 a� $ OA COO 2 Remove and Replace existing Concrete Curb and Gutter 70 Lr a, $ $� 26 Remove and Replace existing Sidewalk 385 Sk $'2p as $ �-%c 27 Remove & Dispose of Contaminated Soil 345 CY $ _150, ao 5� oa $ � 28 Imported Soil 345 CY $ 48 a' $ IIo,SCao C3 L Item Unit No Description Quantity Unit Cost Total Cost 29 Hydrostatic Testing Flushing Chlorination & as as Bacte'hological Testing 1 LS sl5i= $ *25� 30 Demobilization and Cleanup 1 LS $ 75W a, $7 Soo 31 2 Layers of Polyethylene Encasement for the 30 Inch DIP 3210 LF $ $ M d .- ! tf ?" Notes All extensions of unit prices will be subject to verification by Owner n casof a , Ve verification between the unit price and the extension the unit price will govern The Owner reserves the right to reject any or all proposals and bid items z 1� 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 1n 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 of Work Name and Address of Subcontractor, t, ?' f State Ltcenst, Number-- ,Class s A C4 By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work that is not covered in the above subcontractors fisting 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project 1- 05 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange /-14AO&J 9*0W fits being first duly sworn deposes and says that he or she is s5�ll it of /44401-,J ja>kgc 4 CD4+3r Co/NG 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 Co , /"C- �� Si.Q�niatuD?1of Bidder I Sa> kl 9711 tp'ypc,.M . C4 91-e(. Address of Bidder Subscribed and sworn to before me this day of 2005 NOTARY PUBLIC NOTARY SEAL C6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that to the performance of the work specified in the contract known as the 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT (I)(we)(Lt) will employ and utilize only qualified persons, as hereinafter defined to work 1n 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 ecperzence or instruction is familiar with the operation to he 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 companys requirements Public Utility Commission orders and State of California Cal OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date 1 ` 12 v(oo ?x4r. C7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 S 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 XNo If the answer is yes explain the circumstances in the space provided v z Note This Questionnaire constitutes a part of the Proposal and a signature portion of the Proposal shall constitute signature of this questionnaire C8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract Date 1 12 Drp Title a2 C9 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 Pen -nit to Excavate will be valid - To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number Contractor Title Date Note This form is required for every Dig Alert Idtirtification Number issued by U S A during the course of the Work Additional forms may be obtained from the AGENCY upon request C to BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Bidder Name Business Address ^^ L)iocR� City, State Zip ( 909 ) 420 q9 Telephone Number f532lP44 A State Contractor s License No and Class ZJLL Original Date Issued (0 Expiration Date The work site was inspected by '!rCPTI'�J of our office onjAd 4e 2005 The following are persons firms and corporations having a principal interest in this proposal r C t1 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 Printed or Typed Signature Subscribed and sworn to before me this ' day of 2005 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 2 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed C 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On J-/2 `D LP before me Tom- LaFla-p of, Date Name and Title of Officer ( g Jane Doe Notary/Public ) personally appeared =j ,ram Al ¢ A L.A[T1I C A.) Tk Names) of Sgner(s) KRIST! M 1AFL4MME f- COMM #1550305 ,:h Q4 NOTARy PUBLIC CALIFORNIA b SABERNARDINO CNTY A yCom_X098 Fe5 2009LmeMm Place Notary Seal Above Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(&} whose name(Isi l'are- subscribed to the within Instrument and acknowledged to me that helms executed the same in hisl4e4A4e►r authorized capacl and that by his/lrrl thew signatul on the instrument the personO or flthe entity upon behalf of which the persoril 'acted executed the instrument WITNESS my hand and official seal of Notary OPTIONAL Though the information below is not required by taw it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signers) Other Than Named Above Capacity(les] Claimed by Signer Signers Name Individual Corporate Officer — Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Stgner Is Representing Number of Pages RIGHT THUMBPRINT OF SIGNER Top of thumb here m 1997 Nat onal Notary Assoc at on 9350 De Soto Ave P 0 Box 2402 Chatsworth CA 91313 2402 P od No 5907 Reo de Call Toll F ee 1 800 B76 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On — ID to before me A D Date Name and Title of Ott er (e g Jane Doe Nelary Public ) personally appeared Name(s) of Signer(s) KRISTI M LAFNMME a COMM #1550305 NOTARY PUBLIC CALIFORNIA �J SAN aERNAADINO COUNTY CQ My COMM Expires Feb 5 2009 Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) islafe subscribed to the within Instrument and acknowledged to me that he/fey executed the same in hislhe+A-I;eH authorized capacity�and that by hisl e►r signature(e) on the Instrument the person(s) or the entity upon behalf of which the person(e,) acted executed the instrument WITNESS my hand and official seal OPTIONAL S gnat a of NotaryPublic Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signers Name 0 Individual ❑ Corporate Officer — Title(s) ❑ Partner —❑ Limited ❑ General 100 Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing Number of Pages RIGHT THUMBPRINT OF SIGNER 0 1997 National Notary Assoc at on 9350 De Soto Ave P 0 Box 2402 Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll Free 1 600 876 6827 Mladen Buntich Construction Company, Inc Job References -Work in Progress Name of Owner Type of Work Year Work Completed Contract Amount Los Angeles County Sanitation District 1955 Workman Mill Road 8000 LF Whittier Ca 90601 T lock Attn Mr Tommy Sung 562 699 74111 Rehabilitation Joint Outfall A Trunk Sewer Sewer Pipeline 2006 $12 618 068 Orange County Sanitation District PO Box 8127 ' Fountain Valley Ca 92728 1500 LF Attn Mr John Linder 714 962 2411 36 VCP Newport Beach Pump Station Sewer Pipeline Sewer Pipeline 2006 $1 325 000 Metropolitan Water District of Southern California 700 Moreno Avenue 1 800 LF La Verne Ca 91750 54 CML&C Attn Mr Paul R Weston 909 392 5374 Tunnel/Open Cut Yorba Linda Bypass Feeder Water Pipeline 2006 $5 915 000 Reyes Construction Inc 1383 S Signal Drive Pomona Ca 91766 15 000 LF Attn Mr Joe Reyes 909 622 2259 24 CML&C Madrona Piperine Water Pipeline 2006 $4 900 000 City of Los Angeles 600 S Spring Street 300 LF Los Angeles Ca 90014 36 VCP Attn Mr Keith Hanks 213 847 8770 Open Cut/Tunnel SlausonfVan Ness COS Sewer Diversion Sewer Pipeline 2006 $2 858 500 Confidential Page 1 1 /10/2006 Mladen Buntich Construction Company, Inc Job References Name of Owner Type of Work Year Work Completed Contract Amount Orange County Water District 10500 Ellis Avenue Fountain Valley Ca 92728 170 000 LF Attn Mr Mike Markus 714 378 3200 4 — 36 CML&C/DIP Green Acres Reach 1 2 and 3 Reclaimed Water Pipeline 1993 $22 251 282 Orange County Sanitation District P O Box 8127 10 000 LF Fountain Valley Ca 92728 90 RCP Attn Mr John Linder 714 962 2411 12 18 VCP Baker Gisler Sewer Interceptor Sewer Pipeline 1995 $8 810 716 City of Los Angeles 600 S Spring Street 8 000 LF Los Angeles Ca 90014 42 RCP Attn Mr Keith Hanks 213 847 8770 Microtunnel Vicksburgh Avenue Sewer Interceptor Sewer Pipeline 1996 S5 671 015 County of Los Angeles Department of Public Works 900 South Fremont Avenue 15 000 LF Alhambra Ca 91803 12 54 RCP Attn Mr Keith Lehto 818 458 3104 84 104 RCP Project 9050 Storm Drain 1996 $3 762 159 Canyon Storm Drain Monrovia Storm Drain 1993 $4 149 911 Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine Ca 92716 10 000 LF Attn Mr Bill Stewart 714 453 5610 24 36 CML&C Dyer Road Well Facilities Flaw/Pump Facilities 1997 $3 292 854 City of San Diego Metropolitan Wastewater Department 9291 Topaz Way San Diego Ca 92123 9 200 LF Attn Mr Wayne Papac 619 533 5403 12 Ductile Iron Pipe Digested Sludge Pipeline/PIG Station PIG Station/Pipeline 1997 $2 849 000 City of Los Angeles Department of Water & Power 111 North Hope Street Los Angeles Ca 90012 20 820 LF Attn Mr Willie V Dostal 213 367 8826 54 Ductile Iron Pipe East Valley Recycling Project Phase 1 Water Pipeline 1997 $5 844 215 City of Los Angeles 600 S Spring Street 6 200 LF Los Angeles Ca 90014 99 HOBAS Attn Mr Keith Hanks 213 847 8770 Slipliner MAZE II Interceptor Sewer Sewer Pipeline 1998 $8 746 319 Los Angeles County Sanitation District 1955 Workman Mill Road 2 500 LF Whittier Ca 90601 33 HOBAS Attn Mr Tommy Sung 562 699 7411 Slipliner Joint Outfall "C Trunk Sewer Sewer Pipeline 1998 $3 811 528 Confidential Page 1 1/10/2006 Page 2of4 Mladen Buntich Construction Co Inc Job References Name of Owner Type of Work Year Work Contract Completed Amount Los Angeles County Sanitation District 1955 Workman Mill Road Whittier Ca 90601 5 000 LF Attn Mr Tommy Sung 562 699 7411 42 60 RCP North Long Beach Sewer Sewer Pipeline 1998 $2 594 260 Los Angeles County Sanitation District 1955 Workman Mill Road 3 500 LF Whittier Ca 90601 57 HOBAS Attn Mr Tommy Sung 562 699 7411 Slipliner Joint Outfall D" Sewer Pipeline 1998 $1 977 824 Los Angeles County Sanitation District 1955 Workman Mill Road 8 000 LF Whittier Ca 90601 36 VYLON Attn Mr Tommy Sung 562 699 7411 Slipliner District 5 Interceptor Sewer Sewer Pipeline 1998 $2 829 427 City of Los Angeles 600 S Spring Street Los Angeles Ca 90014 6 500 LF Attn Mr Keith Hanks 213 847 8770 24 DIP Terminal Island Sewer Pipeline Sewer Pipeline 1998 $1 410 568 Orange County Sanitation District P 0 Box 8127 Fountain Valley Ca 92729 11 000 LF Attn Mr John Linder 714 962 2411 36 142 VCP Miller Holder Sewer Sewer Pipeline 1999 $5 804 592 Calleguas Municipal Water District 2100 Olsen Road Thousand Oaks Ca 91360 900 LF Attn Mr Steve Fion 805 579 7156 24 CML&C Newbury Park Lateral #2 Water Pipeline 1999 $539 088 Calleguas Municipal Water District 2100 Olsen Road Thousand Oaks Ca 91360 15 000 LF Attn Mr Steve Ron 805 579 7118 8 30 CML&CIDIP Recycled Water Transmission System Water Pipeline 1999 $1 969 889 City of Santa Monica 1685 Main Street 3 000 LF Santa Monica Ca 90401 24 42 RCP/DIP Attn Ms Susan Lowell 310 458 8721 Microtunnel Appian Way Influent Sewer & Force Main Sewer Pipeline 1999 $1 957 762 City of Los Angeles 600 S. Spring Street 1 500 LF Los Angeles Ca 90014 24 STEEL/DIP Attn Mr Keith Hanks 213 847 8770 Microtunnel Fries Avenue Farce Main Sewer Pipeline 1999 $3 947 995 City of Los Angeles Department of Water & Power 111 North Hope Street Los Angeles Ca 90012 30 100 LF Attn Mr Willie V Dostal 213 367 8826 54 Ductile Iron Pipe East Valley Recycling Project Phase 2 Water Pipeline 2000 $9 022 623 Confidential Page 2 111012006 Page 3 of 4 Mladen Buntich Construction Co Inc Job References Name of Owner Type of Work Year Work Contract Completed Amount West Basin Water District 17140 South Avalon Blvd Suite 210 Carson Ca 90746 12 900 LF Attn Mr Paul Cook 310 217 2411 12 36 DIP RecycledlWater Pipelines Water Pipeline 2000 $4 906834 Los Angeles County Sanitation District 1955 Workman Mill Road Whittier Ca 90601 10 000 LF Attn Mr Tommy Sung 562 699 7411 72 RGRCP Joint Outfall B Interceptor Sewer Sewer Pipeline 2000 $7 022 318 City of Los Angeles 600 S Spring Street 3 285 LF Los Angeles Ca 90014 12 118 VCP Attn Mr Keith Hanks 213 847 8770 Microtunnel Muskingum Diversion Sewer Sewer Pipeline 2000 $5 898 092 City of Los Angeles 600 S Spring Street 10 000 LF Las Angeles Ca 90014 39 145 VCP Attn Mr Keith Hanks 213 847 8770 Tunnel/Microtunnel Rosewood Interceptor Sewer Sewer Pipeline 2000/2001 $14 850 550 City of Long Beach 1800 East Wardlow Road 12 825 LF Long Beach Ca 90807 8 15 VCP Attn Ms Rosemary Hoerning 562 492 9631 Microtunnel Ocean Blvd Sewer Replacement Sewer Pipeline 2000/2001 $2 585 008 City of Los Angeles 600 S Spring Street 500 LF Los Angeles Ca 90014 12 RCP Attn Mr Phillip Wilson 310 575 8387 Ozeta Storm Dram Emergency Repair Storm Drain Pipeline 2001 $77 000 County of Los Angeles Department of Public Works 900 South Fremont Avenue 1 600 LF Alhambra Ca 91803 24 CML&C Microtunnel Attn Mr James Enriquez 626 458 7844 Marina Del Rey Water Line Water Pipeline 2001 $2 227 067 City of Los Angeles 650 S Spring Street 600 LF Los Angeles Ca 90014 12 RCP Attn Mr Carl Mills 213 847 6516 Lincoln Avenue Storm Drain Repair Storm Drain Pipeline 2002 $48 000 City of Los Angeles 650 S Spring Street 575 LF Los Angeles Ca 90014 18 VCP Attn Mr Carl Mills 213 847 6516 Glencann Storm Drain Replacement Storm Drain Pipeline 2002 $269 673 City of Los Angeles 600 S Spring Street 5 300 LF Los Angeles Ca 90014 72 HOBAS AIM Mr Keith Hanks 213 847 8770 Slipliner MAZE 3 Interceptor Sewer Sewer Pipeline 2002 $9 435 247 Confidential Page 3 1/10/2006 Page 4 of 4 Waden Buntich Construction Co Inc Job References Narne of Owner Type of Work Year Work Contract Completed Amount City of Los Angeles 600 S Spring Street 15 300 LF Los Angeles Ca 90014 42 /39 HORAS Attn Mr Keith Hanks 213 847 8770 Slipliner Hollywood Main Interceptor Sewer Sewer Pipeline 2002 $8 332 724 Capistrano Valley Water District 32400 Paseo Adelanto 26 600 LF San Juan Capistrano Ca 92675 24 CML&C Attn Mr Mark Butior 714 832 7222 SC 04 South Connectors 1 & 2 Pipeline Water Pipeline 2003 $4 956 741 AMOROSO Construction)City of Los Angeles 275 East Baker Street Suite B 1 800 LF Costa Mesa Ca 92626 66 RGRCP Attn Mr Roger Schotter 714 433 2326 66 Sewer Replacement in Maple Street Sewer Pipeline 2003 $2 108 673 Orange County Water District 10500 Ellis Avenue 9 070 LF Fountain Valley Ca 92728 42 120 CML&C Attn Mr Mike Markus 714 378 3200 South Fast Barrier Pipeline Water Pipeline 2003 $3 772 043 Los Angeles County Sanitation District 1955 Workman Mill Road 470 LF Whittier Ca 90601 54 HOBAS Attn Mr Tommy Sung 562 699 7411 Slipliner South Gate Sewer Repair Sewer Pipeline 2003 $430 209 County of Los Angeles Department of Public Works 900 South Fremont Avenue 36 100 LF Alhambra Ca 91803 4 30 CML&C/HDPE/PVC Attn Mr James Enriquez 626 458 7844 Dominguez Gap Barrier Project Unit 7B Water Pipeline 2004 $11 960 720 Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine Ca 92718 3 500 LF Attn Mr Bill Stewart 714 4b3 5610 30 36 CML&C Shady Canyon Pump Station & Pipeline Water Pipeline 2004 $4 827 000 Los Angeles County Sanitation District 1955 Workman Mill Road Whittier Ca 90601 8158 LF Attn Mr Tommy Sung 562 699 7411 90 RGRCP Joint Outfall H" Interceptor Sewer Sewer Pipeline 2005 $1 5 304 147 Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine Ca 92718 3 100 LF MICROTUNNEL Attn Mr Sill Stewart 714 453 5610 36 HOBAS Jeffrey Road Sewer Pipeline 2005 $4 827 000 County of Los Angeles Department of Public Works 900 South Fremont Avenue 2 155 LF MICROTUNNEL Alhambra Ca 91803 78 /84 RGRCP Attn Mr James Enriquez 626 458 7844 Hollyhills drain Unit 813 (Phase 1) Storm Drain 2005 $5 240 903 Confidential Page 4 1/10/2006 JAN -10 06(TUE) 10 28 A LAWRENCE ASSOC TEL 1 818 348 5472 P 001 Fidelity and Deposit Company POST OFFICE BOX 1227 OF MARYLAND BALITMORE MD i 1203 1227 BID BOND KNOW ALL MEN BY THESE PRESENT'S M_ ate- Jana a 12, 2006 That we Mladen Buntich Constsuch o Co Inca 1 49� W 9" Street. [Iylas+d, CA W80 as Principal, (hercmafter called the Principal ) and the F@ELITY AND DEP05IT COMPANY OF MAXYLAND, P O. Box U27_ Baitim m.MWland 21203a corporanon duly organized under the laws of the State of Maryland as Stacey (hereinafter called the Surety' ) am held and firmly bound uflto Cift of Hunhn on Beach, 2000 Mail, 41MI— Iffunflanoii each, CA 9Z648 Obligee (herewafter called the "Obligee ) m the sum of Ten Percent Of The Total Amount B Dollars S I0° for the payment of which sum wel I and Wy to be made the said Principal and the said Surety hind ourselves our heirs executors adrunrstrators successors and assigns jointly and severally firmly by these presents WHEREAS the Principal has subtmttcd a bid for 42 water transmission team slip hnutg project No 1273 NOW THEREFORE, if the Obligee shall accept the bid of the Pnnerpal and the Principal shall enter into a contract with the Obhgee to accordance with the terms of such bid and give such bond or bonds as may be specified 3ti dy biddurg or contract documents with good and sufficient surety for the faithful porforrnance 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 liereaf between the amount specified in said bid and such larger uwunt far which the Obligee may in good faith contracr with another parry to perform the work covered by sand bid then this obligation shall be null and void, othervise to remain in full force and effect. Signed and sealed this IQt t_ day of law ar All 2( Tide ----------Witness 0151 SUL 191 13074 (nafomn m A WCU harow of k&ub i1MMWC l-310 februa7 1911 ffiinen Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland t by PAUL C ROGERS Vice President and T E SMITH Assistant Secretary in pursuance of authority granted by Article VI Section 2 of the By Laws of said Company w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate constitute and appoint C Michael HENLEY, of Canoga Park, California, its true e A n Fact, to make execute seal and deliver for and on its behalf as surety and a d undertakings, and the i xecution of such bonds or undertakings in purs ent g upon said Company as fully and amply to all intents and purposes a u e wledged by the regularly elected officers of the Company at its office in n p ns This power of attorney revokes that issued on behalf of C MichaeLflF� a anuart*1da The said Assistant Section 2 of the By the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force IN WITNESS Wf%RrOF the said Vice President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 15th day of April A D 2003 ATTEST F�Q,pDEPps�i o a 0 1l90 ? w � State of Maryland 5S City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND 7 E Smith 4ssistant Secretary Paul C Rogers Vice President On this 15th day of April I A D 2003 before the subscriber a Notary Public of the State of Maryland, duly commissioned and qualified came PAUL C ROGERS Vice President and T E SMITH 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 swom 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 C�Pwl� -)6A4ju-1Tj)--0WMT ,Sandra Lynn Mooney Notary Public My Coninussion Expires January 1 2004 POA F 012-4874 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, undertaking, 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 seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still 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 Power of Attorney and 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 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or 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 C, day of Assistant Secretary State of California County of Los Angeles On � �%fir before me Lynda Smith Notary Public personally appeared C Michael Henley proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorffed capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument WITNESS my hand and official seal Lynda S ith Notary Public w OFFICIAL AFA s LYNDASMITH a NOTARY PUBLIC CALIFORNIA � COMMOSION # 1560602 E ¢.* LOS ANGELES COUNTY My Commission Exp March 17 2009 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of )QJU 8L&Na,9,diA-1 d ss On J —IQ —Q U before me k-_ LAFI& n-% Xe, lI /�Fln R k 3A I i C) Date j Name and Title of Oir r (e g Ja Doe Not Pubbc ) personally appeared mr .L")i.[=M+"]C—L 0--p- Nam (s) of S g er(s) KRIS, M LAmMME d COMM #f 550305 ';' �j@MY NOTARY PUBLIC CALIFORNIA t oaSAN URNARCINO COUNTY m Comm Expires Feb 5 2Wo 0D9 Place Notary S at Above X personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(e) whose nameH islafe subscribed to the within instrument and acknowledged to me that heleheA4&y executed the same in his/he44thetr authorized capacity(re4 and that by his/` efAlged signature( on the Instrument the person(-@) or the entity upon behalf of which the person(64 acted executed the instrument WITNESS my hand and official seal S g to a of Notary P bl c OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signers Name ❑ Individual ❑ Corporate Officer — TAWS) Partner —❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other Signer Is Representing Number of Pages RIGHT THUMBPRINT OF SIGNER m 1997 Nat onal Notary A so�at on 935D De Soto A PO Do 2402 Chatswoffh CA 91313 2402 Prod No 5907 Reo der Call Toll F ee 1 800 87f 6827 2006 JAN 12 Ph I= 54 CITY OF W.A. Rasic Construction Company, Inc. 7314 Scout Avenue • Bell Gardens, CA 90201 — A190� DO NOT OPEN WITH REGULAR MAIL City of Huntington Beach, City Clerk 2nd Floor 2000 Main Street, Huntington Beach, CA 92648 Seated Proposal for the Construction of 42-INCH: WATER TRANSMISSION MAIN SLIP -LINING PROJECT Bid Date: January 12, 2006 — 2:00 p.m. CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK March 27, 2006 W A Rasic Construction Company, Inc 7314 Scout Avenue Bell Gardens CA 90201-4904 RE CC-1273 — 42 Water Transmission Main Slip -Lining Project Enclosed please find your original bid bond for CC-1273 Sincerely �l oan L Flynn City Clerk JF pe enclosure CALIFORNIA 92648 (Telephone 714 536 5227) SECTION C PROPOSAL for the CONSTRUCTION OF 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT CASH CONTRACT No 1273 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF '1HE 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 otfice 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 pnces The V Notice to Proceed will be issued for materials procurement After undersigned submits proof of materials procurement and a detailed construction schedule to AGENCY, and after AGENCY issues a written approv-il of undersigned's construction schedule, AGENCY will then issue a 2nd Notice to Proceed to the undersigned to commence immediately with the physical site work thereafter to be completed within a Forty (40) working day Construction Period 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 readverttse the project In the case of discrepancies in the amounts bid unit prices shall govern over extended amounts and words shall govern over figures C1 If awarded the Contract the undersigned agrees that in the event of the BIDDERS d executing the required contract and filing the necessary bonds and insurance certificate 10 working days after the date of the AGENCY'S notice of award of contract to the BIDL>aic 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 �AD in the amount of $Ten Na ° whic`ir-F->Wk 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 "Bidders Bond", as the case maybe) Bidder shall signify receipt of all Addenda here, if any Addenda No Date Received 'o Bidder's Signature I - - Oro l Item No Description Quantity Unit Unit Cost Total Cost 1 Mobilization 1 LS $�?JSVO. $ 3 Z SDO rr 2 Procurement of Video Camera for CCTV inspection of 42 inch pipeline 1 LS $ 000 $ 4� Ot0 3 Preliminary Inspection and Testing of existing pipeline 1 LS $- 4 Traffic Control include traffic control plans 1 LS $ lQ $ 000 5 Potholing 4 EA $1 ts-00 $ 000 6 Protect in place or replace existing utilities 6 EA $ \000 $ 6 ooa 7 Excavation Sheeting Shoring & Bracing 1 LS 29 23O Z30 -� 8 Launching and Receiving Pits 4 places 1 LS $ 4.1OLo00 $ 100 p,�0 C2 Item No Description Quantity Unit Unit Cost Total Cost 9 30 inch DIP 3210 LF $ 2'i2 $ $Z 3 1 SO 10 Connection to existing 30 inch pipe inc 30 inch Steel Spool and isolation Flange Kit 1 LS $ 10,000 $ (0,000 11 30 inch steel Bulkhead with 4 inch outlet I EA $ 6WO $ 6,000 12 Internal Joint Bonding of existing 42 inch pipeline 10 Joints $ �'%0 $ -JDO 13 Connection to 24 ACP at the intersection of Springdale and Hampshire 1 LS $ xk000 $ 3�',G70 14 8 inch Pump out Assembly 3 EA $19,WO $4;,00IJ 15 4 inch Air Vacuum Valve Assembly 2 EA $ 10.,000 $'V,000 16 Connection to existing 42 inch pipe me 42 inch Spool and Isolation Flange Kit 1 LS $23sobo $Z3,oao 17 42 inch steel Bulkhead with 4 inch outlet 1 EA $)-0f7 $ 9Sc0 18 External Joint bonding of existing 42 inch pipeline 10 Joints $ I 00 $ 4,000 19 30 inch Butterfly Valve 2 EA $1 0 $ 20 24 inch Butterfly Valve 1 EA $[ 000 $ 1 3,OQQ 21 Remove 12 inch ACP Tee and abandon connection to 42 inch pipe at the intersection of Hallcroft and Varsity 1 IS $(0,,c:ri0 $ L0, 00 22 Remove 12 inch ACP and replace with 12 inch PVC at the intersection of Varsity and Edwards 1 LS $. $ Lboyo 23 Cathodic Protection 1 LS $ 2,600a $ 2A50W 24 Annular Space Filled with cementitious grout 450 Cy $ ?2 z�qy 25 Remove and Replace existing Concrete Curb and Gutter 70 Lr $10 $ 0000 26 Remove and Replace existing Sidewalk 385 SI $ 10 $ 9)9Sb 27 Remove & Dispose of Contaminated Soil 34� Cy $ 06S $ 2-9, 32S 28 Imported Soil 345 Cy $ 23 $'( C3 Item No Description Quantity Unit Unit Cost Total Cost 29 Hydrostatic Testing Flushing Chlorination & Bacteriological Testing 1 LS $SDc-00 $SD,oaO 30 Demobilization and Cleanup 1 LS $S-W0 $Sv00 31 2 Layers of Polyethylene Encasement for the 30 Inch DIP 3210 LF $A $ _1Z q0 Notes All extensions of unit prices will be subject to verification by Owner In case}'of as ��� verification between the unit price and the extension the unit price will govern The Owner reserves the right to reject any or all proposals and bid items 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 o Work Name and Address of Subcontractor x State License Number Class , ' W C4 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of 9r-apige US a4e5 W,P,W'CIeAk A • RASi& , J K • , being first duly sworn, deposes and says that he or she is \Jjtp Eves � accLvV� of W A, F-AS(L LA'y(,hw,n .the party making the foregoing bid that the bid is of 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. WCA . Ustc r&\Mc:TIONS l,n WC. Name,of Bidder Signature of 7-M SOT Air Address of Bidder Subscribed and sworn to before me this day of J� , 2006 r mm W1li C,anw "w * 14m7a Nokuy how - Cawasa Los Ng" CCU* My Comm. 6 MN 0ac7.NOTARY PUBLIC .�" FA4&dj NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract known as the 42-INCH WATER TRANSMISSION MAIN SLIP -LINING PROJECT (l)(we)(it) will employ and utilize only qualified persons as hereinafter defined to work in proximity to any electncal secondary or transmission facilities The term 'Qualified Person' is defined in Title 8 California Administrative Code Section 2700, as follows Qualified Person A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements Public Utility Commission orders, and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date 1-IT'D b W l� "S (C I MU C 7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5 the Bidder shall complete, under penalty of pei]ury 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 XNO If the answer is yes explain the circumstances in the space provided r Note This questionnaire constitutes a part of the Proposal and a signature portion of the Proposal shall constitute signature of this questionnaire CS COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract Date 1I� A {Z�,S l C C A3.V-0 ifl0l� C6 J MC Contractor 11f /W/f/, Ma �4sdu� Title C9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid To obtain a Dig Alert Identification Number call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation 4 ` S k i Dig Alert Identification Number Contractor Title Date Note This form is required for every Dig Alert Identification Number issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request C t© BIDDER'S INFOWMATION BIDDER certifies that the following information is true and correct W A fz- G6 I<L Bidder Name 73I� SCOUT )k� Business Address bbw clk 16m � City State Zip _ . 11AiQ2.•.9 A }{?Ai �'� I 9Ccs.1 I #% O. 4 Ylrn a� xfli�� ti 3 (ss e0-30401,6Teiephone,Ntm1 er %9 7N 1 A State Contractor s License No and Class Ms Original Date Issued i-3l )-ba Expiration Date The work site was inspected by - 011 so... L*.b-j of our office on Z Z l 2005 The following are persons, firms and corporations having a principal interest in this proposal W A PSlc 60MS10CT7W Go , l�lc A "S t c�-V u A/51 wAL;,eE A p g i c, JP- 6 i�eS �r,{z, 1 �ec�� f fires uYer 11t Attzy A Itsac, Eoywke+' ZW-P' KA� IC, f bUnAtk- C 11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability financially or otherwise to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth wi A hRS1C, C1n�snPQ(M00 a rJ � Company Name Signature of Bidder wN / t& Printed or Typed Signature Subscribed and sworn to before me this 1'�- day'of JAnVgN 200f NOTARY PUBLIC ,&WK ra PASCHAu -- Commission # 1 A5n7a Notary PuW CgVbM10 1 os kVPJ a County My Comm Exptrea Dec 7 24 f - N(7=Y SEAL Listed below are the names address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years t 2 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Name and Address of Public Agency Type of Work i Name and Telephone No of Project Manager Contract Amount Type of Work Name and Address of Public Agency } Name and Telephone No of Project Manager f Contract Amount t f Type of Work C 12 t Date Completed Date Completed Date Completed W A RASIC CONSTRUCTION COMPANY, INC REFERENCES OWNERIAGENCY LOCATION DATE CONTRACT CONTACT COMPLETED AMOUNT NAME PHONE CITY OF DANA POINT DANA POINT anticipated $7 532 895 MATT SINACORI P E (949) 248 3574 MASTER PLAN OF DRAINAGE PRIORITY I PHASE It November 06 Fa (949) 248 7372 Install approx 4 8001 f of 42 72 RCP by Open Cut & Tunneling Methods Construct and Outfall Structure on Capistrano Beach at a depth of 25 feet below ground water levels by building a Cofferdam utilizing a Sheet Pile Shoring System CITY OF RIVERSIDE RIVERSIDE anticpated $3 238 143 BLAKE YAMAMOTO (951) 826 5549 WATERMANAVE54 WATER TRANSMISSION MAIN PHASE!! May 06 Fax (951) 826 2498 Install 4 5001 f of 54 CML&C Steel Pipe 2001 f of Bore & Jack with a 66 Casing L A COUNTY DEPARTMENT OF PUBLIC WORKS HACIENDA HEIGHTS December 05 $3467 193 GRISELDA MITCHELL (626) 458 3155 NINTH AVENUE STORM DRAIN Fax (626) 458 2197 Install approx 16 000 I f of 18 60 RCP pipe install 95 Catch Basins CITY OF NEWPORT BEACH NEWPORT BEACH December 05 $3 467 290 MICHAEL SINACORI (949) 644 3342 WATER AND SEWER MAIN REPLACEMENT Fax (949) 644 3318 Install approx 6 000 I f of 24 CML&C Install approx 1 0001 f of 21 VCP CUCAMONGA VALLEY WATER DISTRICT CUCAMONGA May 05 $6 162 399 MARTY ZUVARBULAS (909) 987 2591 ARROWHEAD PIPELINE Fax (909) 476 7031 Install 45 000 1f of 6 12 hdpe EASTERN MUNICIPAL WATER DISTRICT MURRIETTA November 04 $4 27B 079 ARLEN NIELSON (951) 928 3777 TEMECULA RECYCLED WATER PIPELINE x 4491 Install 18 5001 f of 48 CML & C (owner furnished pipe) Fax (951) 928 6111 INLAND EMPIRE UTILITIES AGENCY FONTANA October 04 $3 615 746 RYAN GROSS (909) 356 9572 CHINO JURUPA BASIN FACILITIES IMPROVEMENT PROJECT Fax (909) 356 9384 Install 11 500 If of 36 CIVIL & C IRVINE RANCH WATER DISTRICT IRVINE June 04 $854 436 BILL STEWART (949) 453 5610 RECLAIMED WATER SYSTEM VALVE REPLACEMENT Fax (949) 453 5354 Replace 18 Reclaimed Water Valves L A COUNTY DEPARTMENT OF PUBLIC WORKS GLENDALE February 04 $1 009 524 LINDA TACCONFLLI (626) 458 3147 LINES D E & F STORM DRAIN Fax (626) 458 2197 Install 5 000 I f of 18 30 RCP pipe CITY OF GLENDORA GLENDORA February 04 $810 992 JERIUS WILLIAMS (626) 914 8254 30 WATERMAIN TRANSMISSION PIPELINE Fa (626) 963 7486 Install 3 0001 If of 30 Welded Steel Pipe LAS VIRGENES MUNICIPAL WATER DISTRICT CALABASAS January 04 $5 411 380 ROMMEL MARZAN (818) 251 2157 MAJOR POTABLE WATER TRANSMISSION PIPELINES Fa (818) 251 2159 Install 13 530 1 f of 18 & 20 PVC pipe Install approx 5 4001 f of 42 Welded Steel Waterline CITY OF NEWPORT BEACH NEWPORT BEACH Aug 03 $2 360 685 MICHAEL SINACORI (949) 644 3342 24 WATER MAIN REPLACEMENT Fax (949) 644 3318 Install approx 8 3001 f 24 CML&TW Steel Pipe CALIFORNIA AMERICAN WATER COMPANY INGLEWOOD Sep 02 $386 000 JAY BURNETT (626) 289 7924 ANGELES VISTA 13LVD MAIN REPLACEMENT ext 25 Install 5 4001 If 16 DIP replace 80 sei=es & 10 hydrants Fax (626) 281 6807 WEST BASIN MUNICIPAL WATER DISTRICT LOS ANGELES Sep 02 $991 035 PAUL COOK (310) 660 6241 WESTSIDE WATER RECYCLING Fax (310) 217 2414 Install 2 9001 f of 16 Ductile Iron Pipe CITY OF ESCONDIDO ESCONDIDO May 02 $4 350 158 JOHN KEARNEY (626) 945 8030 RECLAIMED WATER DISTRIBUTION SYSTEM Install 32 0001 f of 8 18 PVC/DIP CITY OF GARDEN GROVE GARDEN GROVE October 01 $294 900 NAVIN MARU (714) 741 5180 CROSS GUTTER RECONSTRUCTION Fax (714) 7415578 13 000 s f Pcc Curb and Gutter Sidewalk & Wheelchair Ramps Install 4 Catch Basins 4 Traffic Loops Traffic Striping & Legends CITY OF GARDEN GROVE GARDEN GROVE September 01 $862 460 NAVIN MARL (714) 741 5180 WESTMINSTER AVE STORM DRAIN F x (714) 741 5578 Install 1 8901 f of 72 18 RCP CITY OF ARCADIA ARCADIA May 01 $320 255 PAT MALLOY (626) 256 6554 FOOTHILL SEWER ADDITION PROJECT Fax (626) 359 7026 Install 2 035 If of 10 VCP 8 manholes LONG BEACH WATER DEPARTMENT LONG BEACH Mar 01 $1 067 881 VAN JEW (562) 570 2342 PCH 30 CAST IRON MAIN REPLACEMENT Fax (562) 492 9631 Install 3 180 1 f of 30 Ductile Iron Pipe CITY OF GLENDORA GLENDORA May 01 $638 232 JAR IUS WILLIAMS (626) 914 8254 SIERRA MADREAVE TRANSMISSION MAIN Fa (626) 963 7466 Install 2190 30 CMLC Steel Pipe WEST BASIN MUNICIPAL WATER DISTRICT EL SEGUNDO Mar 01 $2 450 386 PAUL COOK (310) 660 6241 CHEVRON REVERSE OSMOSIS PIPELINE Fax (310) 217 2414 Install 6 8721 f of dual 16 and 12 PVC Waterline MONTE VISTA WATER DISTRICT MONTCLAIR Jan 01 $1 215 124 ROBERT TOCK (909) 624 0035 WELLS 19 & 20 TRANSMISSION MAIN x 111 Install 4 3201 f of CMLC Steel Pipe LONG BEACH WATER DEPARTMENT LONG BEACH Jul 00 $2 365 916 VAN JEW (562) 570 2342 PCH 12 WATERMAIN Fa (562) 492 9631 Install 10 0001 f of 12 Ductile Iron Pipe 01/04/06 17:46 FAX 949 655 3995 .i HARRIS & ASSOCIATES IM001/003 THE CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT ADDENDUM FAX FROM HARRIS & ASSOCIATES: Phone: (949) 655-3900 Fax: (949) 655-3995 DATE: January 4, 2006 TO: All Plan Holders for the 42-Inch Water Transmission Main Slip -Lining Project, Cash Contract No. 1273 FROM: Randall Bevy, PE, Project Manager, Harris & Associates Call (949) 655 — 3900 x 314 if you did not receive all THREE (3) Pages of this Fax. SUBJECT: Addendum to the 42-Inch Water Transmission Main Slip -Lining Project, Cash Contract No. 1273 COMMENTS: See attached Addendum No. 1 'FAX BACK IMMEDIATELY! ***OUR FAX NUMBER IS (949) 655-3995**' PLEASE SIGN AND FAX THIS SHEET BACK TO ACKNOWLEGE RECEIPT OF THIS THREE (3) PAGE ADDENDUM (including cover) JAN 04 20 W.A. PAS I C City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 Phone (714)536-5291 01/04/06 17 46 FAX 949 655 3995 HARRIS & ASSOCIATES 10002/003 4 t � CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 42-INCH WATER TRANSMISSION MAIN SLIP LINING PROJECT ADDENDUM NO 1 BID OPENING DATE January 12, 2006 All prospective bidders are hereby notified that modification and/or changes are to be made to the contract documents for this project as entitled above The following items indicate revisions to the above referenced documents and are hereby made a part thereof and are subject to all applicable requirements thereunder as originally shown and/or specified Please sign the acknowledgment of receipt of this Addendum and that said Addendum was properly evaluated in bidders proposal Any proposal not in compliance with this requirement may be rejected Changes to subject specifications reflected in this addendum include • Modifications to shoring requirements in areas to be trenched and/or excavated 1 REVISIONS TO SPECIFICATIONS SECTION 9 — MEASUREMENT AND PAYMENT Replace the sentence in Part C under Item 7 Excavation Sheeting, Sharing & Bracing, of Section 9 3 1 that reads This bid item applies to all interlocking sheet pile shoring for trenching and excavation operations including launching and receiving pits With the following sentence This bid item applies to all interlocking sheet pile or similar shoring for trenching and excavation operations including launching and receiving pits SECTION 300 - EARTHWORK Replace the second paragraph under Section 306 1 1 6 Bracing Excavations that reads Interlocking sheet piles are required for all excavations including launching and receiving pits and pipe trenches to limit the inflow of perched ground water See geotechnical report for shoring / bracing requirements With the following paragraph Interlocking sheet piles or a similar shoring system that requires soldier beams plates, and struts are required for all excavations including launching and receiving pits and pipe trenches to limit the inflow of perched ground water Bracing and shoring systems shall be designed to Addendum No 1 — Page 1 of 2 01/04/06 17 47 FAX 949 655 3995 HARRIS Sc ASSOCIATES Z 003/00'3 CITY OF HUNTINGTON BEACH CASH CONTRACT NO 1273 42-INCH WATER TRANSMISSION MAIN SLIP LINING PROJECT ADDENDUM NO 1 insure that there is no erosion or loss of soil undermining or degradation of facilities outside of the excavations See also geotechnical report for shoring / bracing requirements **END OF ADDENDUM NO Addendum No 1 -- Page 2 of 2 01/05/2006 13 17 FAX 15629287339 W A RASIC CONSTRUCTION Z 001 i *x�k ACTIVITY REPORT Hs:k�:*�k'k*sh�k�k�xcX*****�k�ksYsk�kx:x:x:k ST TIME CONNECTION TEL/ID SENDER NAME NO MODE PCs RESULI sOl/04 12 21 1714BJ72224 4a96 TRANSMIT ECM 5 ON 02 04 �-01/04 12 27 DEWITT PLTROLFUM 8479 AUTO RX ECM 7 ON 01 05 626 454 4705 01/04 12 34 8055798211 8480 AUTO RX ECM 3 OK 00 a9 k01/04 12 57 9492488372 8481 AUTO RX ECM 3 OK Ol 08 t01/04 13 20 3108391380 8482 AUTO RX LCM 4 OK 01 53 z01/04 13 29 714 628 8905 8483 AUTO RX ECM 1 ON 00 31 01/04 13 41 7147514505 8484 AUTO RX ECM 2 ON 00 33 01/04 13 51 6263337843 8485 AUTO RX G3 1 OK 00 57 *01/04 14 46 19496611838 4597 TRANSMIT ECM 3 ON 01 28 *01/04 14 55 18055798211 4598 TRANSMIT ECM 2 ON 00 58 *01/04 14 56 6269628588 8486 AUTO RX ECM 2 OK 00 42 01/04 15 27 COMMER INSURANCF 4599 TRANSMIT ECM 4 ON 02 48 1714 5244940 *01/04 15 36 8487 AUTO RX ECM 1 OK 00 25 *01/04 15 59 849B AUTO RX EGM i OK 00 38 01/04 16 01 18314799924 4600 TRANSMIT FCM 3 OK 01 39 01/04 16 12 19098792939 4601 TRANSMIT ECM l ON 00 21 01/04 16 30 9093564229 8489 AUTO RX ECM 5 ON 02 56 01/04 16 40 HARRIS & ASSOCIA 8490 AUTO RX ECM 3 ON 00 47 949 655 3995 01/04 16 46 8491 AUTO RX 0 \G 00 42 0 01/04 16 48 949 261 5167 8492 AUTO RX ECM 2 OK 00 3,) 01/04 17 05 COLLINS TRUCKING 8493 AUTO RX ECM 1 OK 00 30 213 777 2614 01/04 17 06 COLLINS TRUCKING 8494 AUTO RX ECM 1 OK 00 29 213 777 2614 01/04 17 07 COLLINS TRUCKING 8495 AUTO RX ECM 1 OK 00 29 213 777 2614 01/04 17 08 COLLINS TRUCKING 8496 AUTO RX FCM 1 ON 00 30 213 777 2614 01/04 17 43 949 261 5167 8497 AUTO RX ECM 2 ON 00 34 01/05 05 43 8498 AUTO RX G3 1 OK 00 58 O1/05 07 46 8499 AUTO RX ECM 1 ON 00 50 01/05 07 47 714 491 4856 8500 AUTO RX ECM 4 ON 00 54 01/05 08 26 8501 AUTO RX ECM 2 OK 00 41 O1/05 08 45 949 248 9560 8a02 AUTO RX ECM l ON 00 32 01/05 08 46 7148943269 8503 AUTO RX ECM 7 ON 03 29 01/09 08 58 18314799924 4602 TRANSMIT ECM 2 ON 01 05 01/05 09 54 8a04 AUTO RX ECM 7 ON 0l 3b 01/05 10 21 626+968�5520 8505 AUTO RX G3 3 ON 01 52 01/05 10 26 18003363081 4603 TRANSMIT G3 1 ON 00 44 01/05 10 29 + 387 39 831 153 8a06 AUTO RX G3 1 OK 00 09 01/05 10 56 9519262334 8507 AUTO RX ECM 6 OK 02 41 01/05 11 13 7142298354 8508 AUTO RX ECM 2 ON 00 44 01/05 12 22 8309 AUTO RX ECM .3 OK 00 34 101/05 12 48 HARRIS & ASSOC d4604 f ANSMIT —ECM 3 ON 00 43" Yy _ 19496553995 ! _ THE AMERICAN INSTITUTE OF ARCHITECTS "' Bond No S 121 t AfA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that wew a Ott rya A W A Rasic Construction Co Inc 7314 SCaut Ave Bell Gardens CA 902 1 as Principal, hereinafter ca``led Te Principal, and ti+.ro been still addwss er laps nae.e tlarasyl Safeco Insurance Company of America 330 N Brand Blvd Suite 1000 Glendale CA 91203 a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach ♦sera la- n toll mama and add►«a er ty■t ado of 04a"d as Obligee hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars (510% of amount bid ). for the payment of which sure 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 tMara trisaR ♦lilt wawa, address and dserntµon of sirelaw 42 inch Water Transmission Main Slip lining Project NOW THEREFORE of the Obligee shill accept fte bid of the Principal and the Principal shall enter Into a contract w nh the Obligee in accordance ry t4 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 tabor and material lumished in the prosecution thereof or in the fvent of the failues of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligte the d f(erence not to excetd the penalty hereof between the amount specified in said bid and such larjer amount for which the Obligee may in good faith tonenet with another party to penorm the Work covered by said bid then this obi gatma shall be null and void otherwise to remain In full face and effect Signed and sealed this 6th (Wa triers) (►% itnei3J day of January 2006 WA Rasic/Coutructlon Co Inc r� 3xk5 ' "A" P-s t[ J Rry V ( fit Wes Ikt,� t Sic Safeco Insurance Co pang of America (564 Arturo Ayala f%tleJ ✓ Attorney in Fact AIx 00CUMINT A310 @ID BONO UA Z f(a1tUaIY 14 0 ED TKE wit KICAN INSTiTUTE Of ARCHITECT" 135 N Y AvE_ N W., WAS3+1NC10v O C 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 01/06/06 before me Daniel Huckabay Notary Public Date Name Title of Officer — E G Jane Doe NOTARY PUBLIC personally appeared 0 personally known to me Arturo Ayala s- DANIEL HUCKA13AY� COMM #1454167�q ROTARY PUBLIC-CALIFORNIA� ORANGE COUNTY � MY COMB W JAR 1 �OOg r NAME(S) OF SIGNER(S) ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument OPTIONA Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Band TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES 01/06/06 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Bond No S 121 Fa s A F E e o POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE WASHINGTON 98185 No 13077 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. each a Washington oorporabon does each hereby appoint • s • • • ARTURO AYALA DANIEL HUCKABAY DONALD ROOP Orange California * * + • Its true and lawful attomay(s}in fad with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business and to bind the respective company thereby IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 27th day of April 2004 CHRISTINE MEAD SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA Anccle V Section 13 FIDELITY AND SURETY BONDS the President any Vice President the Secretary and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations shalt each have authority to appoint individuals as attorneys in fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment the signatures may be affixed by facsimile On any instrument confemng such authority or on any bond or undertaking of the company the seal or a facsimile thereof may be impressed or affixed or in any other manner reproduced provided however that the seal shall not be necessary to the validity of any such instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28 1970 On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V Section 13 of the By Laws and (it) A copy of the power -of -attorney appointment executed pursuant thereto and (m) Certifying that said power -of attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile and the seal of the Company may be a facsimile thereof I Christine Mead Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby Certify that the foregoing extracts of the By laws and of a Resolution of the Board of Directors of these corporations and of a Power of Attorney issued pursuant thereto are true and correct and that both the By -Laws the Resolution and the Power of Attorney are still in full force and affect. IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation S-09741SAEF 2W this 6th day of January 2006 y SEAL 192% Nd CHRISTINE MEAD SECRETARY ® A registered trademark DI SAFECO Corporation 0412712004 PDF CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of County of CALIFORNIA LOS ANGELES On JANUARY 12 2006 before me ZORKITA PASCHALL Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC 7personally onally appeared WALTER A RASIC JR NAMES) OF SIGNER{S) known to me • OR - ❑ proved to me on the basis of satisfactory evidence to be the personW whose name(,0 Is/a*e subscribed to the within instrument and ac knowledged to me that he/sbe4lt executed iORIOTAt�ASC"L the same in hisM:�e e r authorized t� capacity(-Ees} and that by his/k>•et#e+r 01MVtosM96W slgnature(�yon the instrument the personalcomm7 20G or the entity upon behalf of which the person(X acted executed the Instrument WITNESS my hand and official seal �A& 60dwij SIGNAT(IRE OF NOTARY OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT/SECRETARY/TREASURER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) W A RAS[C CONSTRUCTION CO, INC DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES JANUARY 6 2006 DATE OF DOCUMENT SAFECO INSURANCE COMPANY OF SIGNER(S) OTHER THAN NAMED ABOVE