Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Central Library Fountain Restoration Project - CC-1630 - Rej
2000 Main Sheet, Huntington Beach,CA City of Huntington Beach 92648 AHOVDE D Nono N File #: 22-128 MEETING DATE: 3/15/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: John Martin, Construction Manager Subject: Accept the lowest responsive and responsible bid, approve appropriation and authorize execution of a construction contract with California Waters Development, Inc., in the amount of $2,665,504.99 for the Central Library Fountain Restoration Project, CC-1630 Statement of Issue: On January 27, 2022, bids were electronically opened for the Central Library Fountain Restoration Project, CC-1630. City Council action is requested to award the construction contract to California Waters Development, Inc., the lowest responsive and responsible bidder. Financial Impact: The total Cost of the project, including contingency and supplemental expenses, is $3,285,000. Funds are available for this project in the Infrastructure Fund 31440005.82800 ($847,000), Park Development Impact 22845022.82900 ($27,570), and Library Impact Fee Acct 22950002.82900 ($300,000). Staff is seeking an additional appropriation for the balance of $2,110,430 from the Infrastructure Fund. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by California Waters Development., Inc., in the amount of$2,665,504.99; and, B) Appropriate $2,110,430 from the Infrastructure Fund to account 31440005.82800; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids, or provide staff with an alternative action. C,ry of Huntington Beach Page 1 of 3 Printed on 3/9/2022 File #: 22-128 MEETING DATE: 3/15/2022 Analysis: The project involves the renovation of the Central Library's two exterior fountain systems, which consist of an approximately 4,000 square foot cascading fountain located southeast of the building's main entrance, and an approximately 16,750 square foot fountain located outside the northwest portion of the facility in addition to associated piping and pumping systems. Originally constructed in 1975, the Central Library was designed by internationally renowned architect Dion Neutra. Incorporated into Neutra's library design were several internal and external water feature bowls and fountains, which were intended to reflect the surrounding park, lakes, and landscape. This project will restore the two large exterior water fountains and renovate the entire pumping and filtration system. The original fountain liner membrane on both fountains has frayed and delaminated from the perimeter fountain walls. Due to a liner failure in 2016, the northwest pool has not been able to retain water and has experienced soil undermining through retaining wall toe drains. The lighting system and panel, level control system, and electrical sub-panels are either obsolete analog systems or no longer functioning. Old buried piping, conduit, and wiring are at end of life and will be replaced due to the risk of water damage. The deficient water treatment and filtration systems will be upgraded or installed as a new system. The perimeter fountain walls have also sustained several cracks that need to be ground out and sealed. To achieve better flow and water chemistry control, the northwest and southeast fountains will also be segregated to two independent systems. Bids were electronically opened on January 27, 2022, with the following results: BIDDER'S NAME ID AMOUNT Klassic Engineering & Construction Inc. (withdrew bid) 1,753,000.00 California Waters Development, Inc. 2,665,504.99 Woodcliff Corporation 3,441 ,000.00 Mehta Mechanical Company, Inc. 4,795,260.00 The apparent low bidder, Klassic Engineering & Construction (KEC), wtihdrew its bid proposal due to clerical and mathematical errors. The apparent second lowest bidder, California Waters Development Inc., has provided the requisite work experience references on similar projects as required by the project specifications. Therefore, staff recommends awarding a contract to California Waters Development Inc., in the amount of $2,665,504.99. The total cost of the project is $3,285,000, which includes the construction contract of $2.665,504.99, plus fifteen-percent (15%) construction contingency, and supplemental expenses for project inspection and material testing. Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301(c) of the California Environmental Quality Act Strategic Plan Goal: Infrastructure & Parks Attachment(s): City of Huntington Beach Page 2 of 3 Printed on 3/9/2022 oowereS351 Leg,star" File #: 22-128 MEETING DATE: 3/15/2022 1. Vicinity Map City of Huntington Beach Page 3 of 3 Printed on 3/912022 Dc,erc532 Legismr'u �o s1ti N BOLSA AVE GO NTS a V) Ln V) MC F DDEN AVE. U w ~ Q o EDING R N AVE. N 0 J Z 0 g z 0 Ckf 0 oHEILm = CL N AVE m z ¢ (oncn . m 0 0 3 (n Q WARNER 2 Z AVE. w 0 0of SLATERw 0 F AVE. 405 0 0 \ TALBERT AVE. PACIFIC ,o 9 ELLIS I AVE. GARFIELD AVE. V) m m YORKTOWN AVE. 3 STREET LOCATION �oq ��` UTICA 0 v-i AD MS 3 AVE. ST. �,p p w Q (--AVE - LANE q C INDIANAPOLIS 0 AVE. qL CD 0 F = a 0 ATLANTA AVE. _ m 0 m U HAMILTON AVE. m OCEAN yK7 BANNING AVE. LEGEND ARTERIAL REHABILITATION LOCATIONS REV 03/19/2012 ARTERIAL REHABILITATION SPRINGDALE AVE. CC- 1428 LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 of 1 533 City Council/ ACTION AGENDA March 15, 2022 Public Financing Authority 11. 22-023 Adopted Resolution 2022-01 ordering the Summary Vacation of a Storm Drain Easement at 18431 Beach Boulevard and 18455 Beach Boulevard: and, authorized recordation Recommended Action: A) Adopt Resolution 2022-01. A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Storm Drain Easement on Property Located at 18431 Beach Boulevard and 18455 Beach Boulevard: and. B) Authorize the Director of Public Works to determine a specific date to instruct the City Clerk to record the said Resolution and attached exhibits with the Orange County Recorder Approved 6-0-1 (Peterson-Absent) 12. 21-666 Adopted Resolution No. 2022-05 approving the City of Huntington Beach Sewer System Management Plan (SSMP) Update Recommended Action: Adopt Resolution No. 2022-05, "A Resolution of the City Council of the City of Huntington Beach Updating the Sewer System Management Plan " Approved 6-0-1 (Peterson-Absent) 13. 22-128 Rejected bids and directed staff to return at a later date with alternate, cost- efficient options for the Central Library Fountain Restoration Project, CC-1630 Recommended Action: the F,Ry-ANerney Amended motion approved 6-0-1 (Peterson-Absent) 14. 22-146 Adopted Resolution No. 2022-04 establishing a pierhead line adjacent to Lots 6 & 7 of Tract 5829 (16850 and 16854 Bayview Drive) Recommended Action: Adopt Resolution No 2022-04. 'A Resolution of the City Council of the City of Huntington Beach Establishing a Pierhead Line Adjacent to Tract 5829' which provide a wharfage width of 25 feet adjacent to the subject lots (Attachment 1). Approved 6-0-1 (Peterson-Absent) Page 4 of 7 HB CENTRAL LIBRARY EXTERIOR FOUNTAIN RESTORATION PROJ UNTAIN WKGROUND -ee:_ teah.e �r . Itree W�ne W to 6 .�� ® cgcorJirg lounty•a N A • 46 Yew old finer - ► The library was completed in 1975 and included a natural theme with fountains, plants and trees on the interior and exterior to reflect the surrounding centfc park environment CURRENT CONDITIONS - REAR NW FOUNTAIN 6 E Ttse Nhbtiort system is • li on"from 1975 )) Medo ho5 never beets — ` • 7yptcol concrete,, oramd the Peri je wa CURRENT CONDITIONS - FRONT FOUNTAIN r� .� entry no Mnotion ter treatment Sys ✓ , System will be installed j �,�:a • ~. , f Jt� i� . F Wnitin finer is hayed a .arW tlebnrtobd hom perimeter woh t. iaMes me.rtnrsent RE MPROVEMENTS �II�Uu��,illili v FUNDING AND APPROVALS .. City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk March 30, 2022 California Waters Development, Inc. Attn: Mark Pitman 23311 E. La Palma Yorba Linda, CA 92887 Dear Mr. Pitman: Please be advised that, on March 15, 2022, the Huntington Beach City Council voted to "Reject bids and directed staff to return at a later date with alternate, cost-efficient options for the Central Library Fountain Restoration Project, CC-1630." Therefore, we are returning your Partially Executed Contract; Certificate of Insurance; Contractor's Sworn Statement and Warranty; Performance Bond; Labor/Material Bond and Bid Bond. Sincerely, lI C Robin Estanislau, CIVIC City Clerk RE:ds Enclosures Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City Council/ ACTION AGENDA March 15,2022 Public Financing Authority 11. 22-023 Adopted Resolution 2022-01 ordering the Summary Vacation of a Storm Drain Easement at 18431 Beach Boulevard and 18456 Beach Boulevard; and, authorized recordation Recommended Action: A) Adopt Resolution 2022-01, "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Storm Drain Easement on Property Located at 18431 Beach Boulevard and 18455 Beach Boulevard;" and, B) Authorize the Director of Public Works to determine a specific date to instruct the City Clerk to record the said Resolution and attached exhibits with the Orange County Recorder. Approved 6-0-1 (Peterson-Absent) 12. 21-666 Adopted Resolution No. 2022-05 approving the City of Huntington Beach Sewer System Management Plan (SSMP) Update Recommended Action: Adopt Resolution No. 2022-05, "A Resolution of the City Council of the City of Huntington Beach Updating the Sewer System Management Plan." Approved 6-0-1 (Peterson-Absent) 13. 22-128 Rejected bids and directed staff to return at a later date with alternate, cost- efficient options for the Central Library Fountain Restoration Project, CC-1630 Recommended Action: , the City Attorney. Amended motion approved 6-0-1 (Peterson-Absent) 14. 22-146 Adopted Resolution No. 2022-04 establishing a pierhead line adjacent to Lots 6 80 7 of Tract 5829 (16850 and 16854 Bayview Drive) Recommended Action: Adopt Resolution No. 2022-04, "A Resolution of the City Council of the City of Huntington Beach Establishing a Pierhead Line Adjacent to Tract 5829" which provide a wharfage width of 25 feet adjacent to the subject lots (Attachment 1). Approved 6-0-1 (Peterson-Absent) Page 4 of 7 Switzer, Donna From: Martin,John Sent: Wednesday, March 30, 2022 9:13 AM To: Switzer, Donna Subject: FW: Preconstruction Meeting - HB Central Library Fountain Restoration Project, CC-1630 Donna, FYI below is what I sent to the HB Library Fountain low bidder. As discussed,we can keep this in the project folder for reference. John Martin, PE Contract Administrator City of Huntington Beach Public Works Department 2000 Main St. Huntington Beach,CA 92648 Tel (714) 375-5011 From: Martin,John Sent:Thursday, March 17, 2022 2:52 PM To: Leanne Harvey<Iharvey@californiawaters.com> Cc:mpitman@californiawaters.com;jwhite@californiawaters.com Subject: RE: Preconstruction Meeting- HB Central Library Fountain Restoration Project,CC-1630 Leanne, Unfortunately on 3/15/22 our City Council elected to pause the project and reject all bids. I will let you know if there is any further information that comes out on what our path forward will be for the feature. John Martin,PE Contract Administrator City of Huntington Beach Public Works Department 2000 Main St. Huntington Beach,CA 92648 Tel(714) 375-5011 1 TRANSMITTAL ATTENTION: John Martin DATE: 03/03/22 COMPANY: City of Huntington Beach FROM: Nicole Miller Public Works Department ADDRESS: 77 Fair Drive TRANSMITTAL#: 01 Costa Mesa, CA 92626 PROJECT: Pool Replastering Project at SUBJECT: CC1630 Central Library Downtown Aquatic Center Fountain Restoration Project ❑ HEREWITH ❑ DELIVERED BY GSO ❑ UNDER SEPARATE COVER M VIA FEDEX ❑ VIA US MAIL THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 1 03/03/22 Partially Executed Contract 1 03/03/22 Certificate of Insurance 1 03/03/22 Contractor's Sworn Statement and Warranty 1 03/03/22 Performance Bond 1 03/03/22 Labor/Material Bond THESE ARE TRANSMITTED AS INDICATED BELOW: ❑ FOR APPROVAL ❑ APPROVED AS SUBMITTED ❑ REVISE AND RESUBMIT ® FOR YOUR USE ❑ APPROVED AS NOTED ❑ SUBMIT COPIES FOR APPROVAL ❑ FOR YOUR INFORMATION ❑ APPROVED FOR CONSTRUCTION ❑ SUBMIT COPIES FOR DISTRIBUTION ❑ FOR REVIEW&COMMENT ❑ RETURN FOR CORRECTIONS ❑ FOR BIDS DUE ® FOR SIGNATURE REMARKS: 23311 E.La Palma Ave. I Yorba Linda,CA 92887 1949.528.0900 1 calif orniawaters.com I CA Lic#958960 California Waters, LLC&California Waters Development,Inc. Nicole Miller, Labor Compliance Specialist/Contract Admin Name and Title CC: 23311 E.La Palma Ave. I Yorba Linda,CA 92887 1949.528.0900�californiawaters.com I CA Lic#958960 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND California Waters Development,Inc. FOR Central Library Fountain Restoration Project THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and California Waters Development, Inc. , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Central Library Fountain Restoration Project,CC1630 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 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), has inspected 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; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The 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 as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; 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 Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two million six hundred sixty-five thousand five hundred four dollars and ninety-nine cents Dollars ($ 2,665,504.99 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within one hundred seventy six 176 consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 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. 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. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 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 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 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of one thousand dollars ($ 19000.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 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 delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or 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 PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods, labor disputes, epidemics,abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen(15) days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested,whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request,the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 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, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered,or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however,that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an 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, 12 16-5195/City Funded Construction Contract.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight(8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty (40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. 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, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 25. 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(the"Additionally Insured Parties")as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. 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: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. 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. 18 16-5195/City Funded Construction Contract.docx—revised 04/2016 28. 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 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. 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. 31. 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. 32. 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. 33. 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. 20 16-5195/City Funded Construction Contract.docx—revised 04/2016 34. 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: TO CONTRACTOR: City of Huntington Beach California Waters Development,Inc. ATTN:John Martin , Public Works ATTN: Mark Pitman 2000 Main Street 23311 E.La Palma Ave Huntington Beach, CA 92648 Yorba Linda,CA 92887 35. 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. 21 16-5195/City Funded Construction Contract.docx—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. 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. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. 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 22 16-5195/City Funded Construction Contract.docx—revised 04/2016 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. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. 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. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on February 21 92022 CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Mark Pitman Mayor (print name) ITS: Chairman /President Vice-President City Clerk (circle one INITIATED AND APPROVED: By: A /4 Director of Public Works 7Jei4Zey Barman (print name) REVIEWED AND APPROVED: ITS: C�/ Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager APPROVED AS TO FORM: City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 AC RO " CERTIFICATE OF LIABILITY INSURANCE Pt'123/2022 MM/DDmYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Patriot Risk& Insurance Services NAME: Annette Romero 2415 Campus Drive, Suite#200 PHONE 949 486-7904 FAX No Irvine, CA 92612 E-MAIL ADDRESS: aromero@patrisk.com INSURERS AFFORDING COVERAGE NAIC iF www.patrisk.com OK07568 INSURER A: Crum&Forster Specialty Insurance Company 44520 INSURED INSURER B: Clear Blue Insurance Company 28860 California Waters LLC INSURER C: Cypress Insurance Company 10855 California Waters Development, Inc. 23311 E. La Palma Avenue INSURER D: Ohio Security Insurance Company 24082 Yorba Linda CA 92887 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 66872131 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY NUMBER MM DD/YYYY MMIDD/YYYY EXP LIMITS LTR A �/ COMMERCIAL GENERAL LIABILITY ✓ EPK-136440 7/31/2021 7/31/2022 EACH OCCURRENCE $1000000 DAMAGE TO RENTED CLAIMS-MADE F�I OCCUR PREMISES Ea occurrence $100,000 ✓ Ded$10,000 BI&PD Combined MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ jE LOC PRODUCTS-COMP/OP AGG s2,000,000 OTHER: B AUTOMOBILE LIABILITY ✓ BW02STR210007200 4/1/2021 7/31/2022 COMBINED SINGLE LIMIT $ Ea accident 1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident A ✓ UMBRELLA LIAB �/ OCCUR EFX-118534 7/31/2021 7/31/2022 EACH OCCURRENCE $5000000 EXCESS LIAB J CLAIMS-MADE AGGREGATE $5 000 000 DED I I RETENTION$ ER H_ $ C WORKERS COMPENSATION CAWC248470 7/31/2021 7/31/2022 �/ STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1 OOO,OOO OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,QOO If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 0OO 000 A Professional/Pollution Liability EPK-136440 7/31/2021 7/31/2022 Each Occurrence:$1,000,000 Deductible:$10,000 Each Claim D Leased/Rented Equipment BK02155948848 4/1/2021 4/1/2022 Limit$250 000/Deductible$500 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:CC-1437 Central Park Parking Lot Improvements City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as additional insureds as respects to General and Auto Liability,coverage Includes Primary and Non-contributory per endorsements attached as required by written contract.*30-Day notice of cancellation/10-days for non-payment of premium. *Excluded Officers:Jeffrey Barman and Mark Pitman CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Dave Jacobson (/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 66872131 1 21/22 GL/AU/UMB/WC/PROF/POLL/LSD-RNTD EQPT I Annette Romero 12/23/2022 12:33:06 PM (PST) I Page 1 of 4 EPK-136440 California Waters LLC California Waters Development,Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organitation(s): Location(s)of Covered Operations Where Required By Written Contract. Where Required By Written Contract. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section III — Who Is An Insured within the With respect to the insurance afforded to these Common Provisions is amended to include as additional insureds, the following additional an additional insured the person(s) or exclusions apply: organization(s) shown in the Schedule, but only This insurance does not apply to "bodily injury" with respect to liability for "bodily injury', or"property damage"occurring after: "property damage" or "personal and advertising 3. All work, including materials, parts or injury"cause, in whole or in part, by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than 2. The acts or omissions of those acting on service, maintenance or repairs) to be your behalf; performed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additional insured(s) at the location(s) operations has been completed; or designated above. 4. That portion of'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EN0321-0211 Page 1 of 1 66872131 1 21/22 GL/AU/UMB/WC/PROF/POLL/LSD-RNTD EQPT I Annette Romero 1 2/23/2022 12:33:06 PM (PST) I Page 2 of 4 EPK-136440 California Waters LLC California Waters Development, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Where Required By Written Contract. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability arising out of"your work"for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or"property damage"arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for injury or damage arising out of`your worle' performed under a written contract with that person(s) or organization(s). 3. The term"additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured"shall not increase the limits or coverage provided by this insurance. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any"claim"to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0147-1111 Page 1 of 1 66872131 1 21/22 GL/AU/UMB/WC/PROF/POLL/LSD-RNTD EQPT I Annette Romero 1 2/23/2022 12:33:06 PM (PST) I Page 3 of 4 California Waters LLC California Waters Development Inc. POLICY NUMBER:BW02stR210007200 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided underthe following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.b., Other 1. The following is added to Paragraph c. in A.1., Insurance of SECTION IV — BUSINESS AUTO Who Is An Insured,of SECTION 11—COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 6.Other Insurance,this are required under a written contract or Insurance is primary to and non-contributory with agreement, that is signed by you before the applicable other insurance under which an "bodily injury" or "property damage" occurs and additional insured person. or organization is a that is in effect during the policy period,to name named insured when a written contract or as an additional insured for Covered Autos agreement with you,that is signed by you before Liability Coverage, but only for damages to which the "bodily injury" or "property damage" occurs this insurance applies and only to the e)dent of and that is in effect during the policy period, that person's or organization's liability for the requires this insurance to be primary and non- conduct of another"Insured". contributory. CA T4 88 0216 u 2016 The Travelers Indemnity Company.AU rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 66872131 21/22 GL/AU/UMB/WC/PROF/POLL/LSD-RNTD EQPT I Annette Romero 1 2/23/2022 12:33:06 PM (PST) I Page 4 of 4 Bond No.: CMGP00005323 Premium: $22,327.00 i PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City)has, byy written agreement dated 20_,entered into a contract with California Waters Development,Inc. i 23311 E.La Palma Avenue Yorba Linda CA 92887 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Central Library Fountain Restoration Project,CC1630 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard&Pool's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Argonaut Insurance Company c/o CMGIA 20335 Ventura Blvd. Ste 426 Woodland Hills CA 91364 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Two Million Six Hundred Sixty Five Thousand Five Hundred Four and 99/100 Dollars($2 665.504.99 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses,liability and damages, claims,judgments,stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto,and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise,it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration,change,deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit,restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,and agrees 1 5-45 94/1 1 7 1 74 i Bond No. CMGP00005323 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated:February 25,2022 ATTEST California Waters Development,Inc. (Corporate Seal) (Principal Name) By: Name: NtaC'IL v Title: PrtS dex- ATTEST Argonaut Insurance Company (Corporate Seal) t Name) Nam . anie Ho a Shear (Signature of Attorney-in-Fact for Surety) (Attach Attomey-in-Fact Certificate) 880 363-2642 (Area Code&Telephone Number for Surety) APPROVED A�F -.. By. Michael E.Gates,City Attorney��� Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 COVID-19 PERFORMANCE BOND NOTICE RIDER This Rider is executed concurrently with and shall be attached to and form a part of Bond No.: CMGP00005323 WHEREAS, on or about the day of , CALIFORNIA WATERS DEVELOPMENT INC. (hereinafter called the "Principal"), entered into a written agreement with City of Huntington Beach (hereinafter called the "Primary Obligee") for the construction of the Central Library Fountain Restoration Project,CC1630 (hereinafter called the "Contract"); and WHEREAS, Principal and Argonaut Insurance Company (hereinafter referred to as "Surety")have agreed to execute and deliver this Rider in conjunction Bond No.: CMGP00005323 WHEREAS,the BOND has been required and/or requested by the OBLIGEE during a national epidemic or pandemic. In response, the federal, state, and local governments have issued stay-at-home and/or emergency orders in order to protect public health. WHEREAS,this RIDER is created, effective, and issued contemporaneously with the term of the BOND, and the SURETY and PRINCIPAL rely upon the effectiveness of this RIDER and the incorporation of its interpretation of the terms and obligations of the BOND at the beginning of its term as an inducement to its agreement of the terms and obligations of the BOND. WHEREAS, quarantine procedures have been issued by the appropriate governmental authorities in the interest of public health to reduce or prevent the epidemic or pandemic. WHEREAS, as the orders and actions of the government are ever-changing, no party can adequately predict how the Bonded Project may be affected. Accordingly, any delays, costs increases, labor shortages, availability of materials, or any other event hindering the performance of any parry's contractual duties caused by or related to the epidemic or pandemic are unforeseen at the time of formation of the contract. The SURETY's bonded obligations under the BOND are clarified by this RIDER, or to the extent necessary, modified as follows: 1. In the event of any delays, cost increases, labor shortages, availability of materials, or any other event hindering the performance of any party's contractual duties caused by or related to any epidemic or pandemic,the SURETY agrees to cooperate with the PRINCIPAL and the OBLIGEE to assist with the completion of the contract COVID-19 PERFORMANCE BOND NOTICE RIDER and comply with any and all directives from federal, state, and local authorities to maintain to the public health. 2. The BOND has been issued during an epidemic or pandemic, but the specific impacts, delays, defaults, or damages relating to the pandemic on the performance of the contract are unknown to the SURETY, OBLIGEE, and PRINCIPAL and are unforeseen at the time of formation of the BOND. 3. The SURETY agrees to assist all parties to mitigate any potential damages on the Project. The parties' duty to mitigate has not been abridged. The SURETY will comply with all federal, state, or local governmental guidance regarding the performance of the contract and the protection of public health and that of their employees. 4. If performance of the OBLIGEE'S and/or the PRINCIPAL's obligations under the contract becomes impracticable as caused by or related to the effects of any epidemic or pandemic and/or related governmental orders, the SURETY's obligations hereunder are likewise deemed impracticable. Impracticability is defined as the existence of a fact or circumstance which makes the performance of the duty to be unfeasibly difficult or expensive. The standard for unfeasibility is whether performance is commercially unreasonable. 5. If the contracts, agreements, or other documents require notice from the PRINCIPAL and/or the SURETY regarding epidemic or pandemic related impacts on the Bonded Project, the OBLIGEE is deemed to have sufficient notice upon receipt of this RIDER. Except as herein modified,the Bond shall be and remains in full force and effect. SIGNED AND DATED THIS 25th day of_ February 2022 . Argonaut Insurance Company (SURETY) By: -- Name:. Stephanie Hope Shear Title: Attorney-in-Fact COVID-19 PERFORMANCE BOND NOTICE RIDER Bond No.: CMGP00005323 Premium: $22,327.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabriella Grady Shilo Lee Losino Stenhanie Hone Shear Elizabeth Santos,Stacey Garcia.Matthew Dionisio Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of. $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of June,2021. Argonaut Insurance Company 0'SEAL D° by: d: 1948 =_ STATE OF TEXAS ' 11NO`•S*` Y' Joshua C.Betz, Senior Vice President COUNTY OF HARRIS SS: •'"""'"••••••'• On this 1 st day of June,2021 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly swom,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. KATi-ILEEN M MEEK .p� NOTARY PUBLIC STATE OF TEXAS ^'�t or1 fgro MY COMM_EXR 07/15/25 NOTARY ID 557902-8 (Notary Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in fall force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 25th day of February 2022 . °:•SEAL a=� t- G s'' IN •' T James Bluzazd Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)820-9137. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Califor ' a County of rjlQit,�� �-0Z 2 before me, ' On , y Date _ Here Insert blame and Title the Officer b personally appeared �L/� ' Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personkwhose names) is/ e subscribed to the within instrument and acknowledged to me that hehjI4c/t4ey executed the same in his/hi?r/ttor authorized capacity(ie,A, and that by his/ham/their signature(s) on the instrument the person(), or the entity upon behalf of which the person(sl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. °t>, AMABEL B.AMOJEDO•CONCEPCION 1 '"_ Notary Public California WITNESS my hand and official seal. - - Orange County Commission k 2356831 My Comm.Expires May 10,2025 Signature w Place Notary Seal and/or Stamp Above Signature Of Notary Pubb OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ eneral ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer i epresenting: Signer is Representing: 02019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On FEB 2 5 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 40my LUCAS PA17ERSON WITNESS my hand and official se I. Notary Public-California Los Angeles County Commission p 2352264 Comm.Expires Mar 19,20Signature =--- - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docum or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docume ate: Number of Pages: Signer(s) Other Than Named Abov Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited [I General ❑ Partner — El Limited ❑ General ❑Individual ❑Attorne act ❑Individual ❑Attorney in Fact ❑Trustee ❑G ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is esenting: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No.: CMGP00005323 Premium Included In The Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to California Waters Development,Inc. 23311 E.La Palma Avenue Yorba Linda CA 92887 (name and address of Contractor) (hereinafter referred to as"Principal'),a contract("Contract")for the work described as follows: Central Library Fountain restoration Project,CC1630 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best, Moody's or Standard&Poor's,to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and Argonaut Insurance Company c/o CMGIA 20335 Ventura Blvd.,Ste 426 Woodland Hills CA 91364 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Two Million Six Hundred Sixes Five Thousand Five Hundred Four and 99/100 -------------------------------------------------------------------- -- dollars($2 665 504.99 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal,his,her,or its heirs,executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor,materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775,1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. PAYMENT BOND Page 1 of 2 1 5-45 84/1 1 73 5 7 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not,shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated:February 25,2022 ATTEST California Waters Development,Inc. (Corporate Seal) (Principal Name) B . Name:��Mr Title: Prf-S i aen� ATTEST Argonaut Insurance Company (Corporate Seal) rety Name) By: Name ep anie Hope Shear j,Signature of Attorney-in-Fact for Surety) (Attach Attomey-in-Fact Certificate) (8666)363-2642 (Area Code&Telephone Number for Surety) APPROVED AS By: t��rc' fuel E.Gates-,-City-Attorney / C Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attomey-in-fact must be attached. PAYMENT BOND Page 2 of 2 154584/117357 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of 64 M '+ �QQ before me, On 3 '?�a a Title oft e Officer Date Here Insert N me and Ti personally appeared J/ � 06 �,"Q r) Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name(-is/ap&subscribed to the within instrument and acknowledged to me that he/spe/they executed the same in his/I of/their authorized capacity(iQ6�, and that by his/h§Wthi*signatureW-on the instrument the person(, or the entity upon behalf of which the person(-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. jok"IELB.AMWED10-CONCEPCION WITNESS my hand and official seal. NotaryPublic-CaliforniaOrangeCounty Commissionk2356831 y Comm.Expires May 10,2025 Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. 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) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited eneral ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Sig is Representing: Signer is Representing: 02019 National Notary Association Bond No.: CMGP00005323 Premium: $22,327.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabriella Grady.Shilo Lee Losino Stephanie Hope Shear.Elizabeth Santos Stacey Garcia.Matthew Dionisio Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1 st day of June,2021. Argonaut Insurance Company by: :7uNo}S Joshua C.Betz STATE OF TEXAS Senior Vice President COUNTY OF HARRIS SS: """"... On this 1st day of June,2021 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. KATHLEEN M MEEKS 4UAn NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.07:15125 NOTARY 1 /�T�557902-6 �OTNV Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 25th day of February 2022 . �- s James Bluzazd Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS]DOCUMENT CALL(833)820-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On FEB 2 5 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LUCAS PATTERSON WITNESS my hand and official seal. .` >w Notary Public California �- 3 Los Angeles County Commission#2352264 Signature • • ' My Comm,Expires Mar t 9,2025 Signature of Notary ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docum or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docume ate: Number of Pages: Signer(s) Other Than Named Abov Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑Limited ❑General El Partner — El Limited ❑General El Individual ElAttorne ' act ❑Individual ❑Attorney in Fact ❑Trustee ❑G Ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is esenting: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Bond No.: CMGB00012828 AIA Document A31 0 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place CALIFORNIA WATERS DEVELOPMENT, of business) INC. 23311 E. La Palma Avenue Argonaut Insurance Company This document has important legal Yorba Linda CA 92887 c/o CMGIA consequences.Consultation with 20335 Ventura Blvd.,Suite 426 an attorney is encouraged with Woodland Hills,CA 91364 respect to its completion or modification. OWNER: Any singular reference to (Name, legal status and address) Contractor,Surety,Owner or City of Huntington Beach other party shall be considered 2000 Main St plural where applicable. Huntington Beach CA 92648 BOND AMOUNT: Ten Percent of Their Greatest Amount Bid (10% of G.A.B.) PROJECT: (Name, location or address, and Project number, if any) Central Library Fountain Restoration,CC No.1630 in the City of Huntington Beach The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been famished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 24th day of January . 2022 �,Q � CALIFORNIA WA S DEVELOPMENT INC. YuiM1- (Principal) (Seal) (Witness) (Title) Ago t In u 4na Company (Surety) (Seal)4�k — (Witness) L-1 (Title)G elVapprsinRED. A*Lorney-in-Fact CAUTION:You should sign an original AIA Contract Document,on which this to n original assures that changes will not be obscured. Init. AIA Document A310TM—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WA R!iING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe:ocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. t Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documeriir,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 061110 Bond No.: CMGB00012828 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabriella Grady,Shilo Lee Losino_Stephanie Hope Shear,Elizabeth Santos,Stacey Garcia,Matthew Dionisio Their true and lawful agent(s)and attorneys)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of June,202E Argonaut Insurance Company `� ,-- SEAL'€; ' b 1948 t 2 y' •�<<INO1S;' T� STATE OF TEXAS Joshua C.Betz Senior Vice President COUNTY OF HARRIS SS: On this 1st day of June,2021 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. MYI.`YYLa+JI� K ATHLEEN M MEEKS o6L klU i n f NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.07/15/25 NOTARY ID 557902-8 11./}�T I)tary PllbIICI I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 24th day of JanuaU 2022 . 2; !klNps ' James Bluzard Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF'ra15 DOCUMENT CALL(833)820-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On JAN 2 4 2022 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �^ Lucas Pa.F ERSON k WITNESS my hand and official seal. tt \_ Notary Public caii'iornia z = — Los Anoe�cs County Commission 215=264 My Cc,m Expo s `dr 1 Signature 2025 g -, Signature of Notary ublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docum or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docum ate: Number of Pages: Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑Gener ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorne act ❑Individual ❑Attorney in Fact ❑Trustee ❑ ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is resenting: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californi County of On 11aW4n-, (, -UA before me, l� -b� 0,lJu'�+o°FAO—Wvl U��1�. r!� �(,cbl1C ate 4 / Here Insert Name and Title of t e Officer personally appeared /`�`a'�- P l +w-xa, Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s�whose nameg is/ape subscribed to the within instrument and acknowledged to me that he/ske/tot-y executed the same in his/hpr/their authorized capacity(kgs), and that by his/her/tl-eir signature(,F) on the instrument the person(a), or the entity upon behalf of which the person(,q) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *WELd.AMOJEDO•CONCEPCiONWITNESS my hand and official seal. lifornia_ Orange County 56831 y Comm.Expires May 10,2025 Signature �•- Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: mber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: �g 'same: ❑ Corporate Officer—Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General El Partner— [I Limited El General ❑ Individual ❑ >Gua ne Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ an or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing:z Signer is Representing: ©2019 National Notary Association ' City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB•!7,1909;P° Office of the City Clerk Robin Estanislau, City Clerk March 31, 2022 Mehta Mechanical Company, Inc. Dba MMC, Inc. 5901 Fresca Drive La Palma, CA 90623 RE: Central Library Fountain Restoration —CC No. 1630 Enclosed please find your original bid bond for CC No. 1630 Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Aw I.A. Document A310T"' - 2010 KYA SERVICES,LLC Bid Bond 590d ErMUN&Mn Ave. Bid Bond No:N/A @rj?sihn@,&P999&3 CONTRACTOR: SURETY: (A'mue, legal status and address) (.Maine, legal status and principal place Mehta Mechanical Company, Inc. gl blr.yines,$)Old Republic Surety Company dba MMC, Inc. P.O. Box 1635 5901 Fresca Dr. Milwaukee,WI 53201-1635 This document has important legal La Palma, CA 90623 consequences.Consultation with OWNER: an attorney is encouraged with (A-ame, legal status and address) respect to its completion or City of Huntington Beach modification. 2000 Main St. Any singular reference to Huntington Beach, CA 92648 Contractor,Surety.Owner or BOND AMOUNT: Ten Percent of the Total Amount Bid (10%of Bid Amount) other party shall be considered plural where applicable. PROJECT: ('1'aure, location or address, and Prgject number, if curl%) Central Library Fountain Restoration, CC No. 1630 Project Number,if any: 1630 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 19th day of January 2022 Mehta Mechanical Company,Inc.dba MMC, Inc. (Principal) ""IN, (Witness) _ (Title cm) r erd D1—a7-2 Z -r Old Republic Su Coma y (Surer (Seal) 't�itness) (Title) Emilie George,Aft ey-in act AIA Document A310m—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.tNARN'NG:This AIA" [nit. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA``'1,7ecument,or any portion of it;may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.This t document was created on 01/27/2012 07:23:12 under the terms of AA Documents-on-DemandTl order no. 20=-9 7 483,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced nrior to its romnletion.Mill. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange } On JAN 1 9 2022 before me, Christine Hoang Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Emilie George Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of liCHRISTINEHOANG the State of California that the foregoing paragraph is true -by Notary Public•Ca'ifornia and correct. Orange Cocnty Commission;2363281 Comm.Expires J_n 29.2025 r Witness my han an offi Nal seal. Signature Place Notary Seal Above Signature of Notary) otary ubli Christine Wang 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 the form to another document. 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) Signer's Name: _ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact - ( ;-- ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: James W.. Moilanen,Yung T.Mullick,Christine Hoang,Irene Luong,Emilie George,P.Austin Neff,Danielle Hanson of Mission Viejo,CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president,and attested and sealed(if a seal be required) by any secretary or assistant secretary;or (i1) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed (if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 16th day of April 2021 OLD REPUBLIC SURETY COMPANY o SEAL O ee+ t As �.. nt Secretar -- ' * President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS , On this 16th day of April 2021 personally came before me, Alan Payl'c and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. iN I P£'�•:,,f,p, h"•AUBL�` V Notary Public My Commission Expires: September 28, 2022 CERTIFICATE Ex of(Expiration notary's commission does not invalidate this instrument) I,the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. 19th January 2022 74 9092 ;' SEAL ; € Signed and sealed at the City of Brookfield,WI this day of ry ORSC 22262(3-06) ...... �"S-4.tt Secreta Bond Exchange CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of ®ra rl q e ) On ©�'e2"7' 02 2 before me, Ka s bro nD Q r Date _ Here Insert Name and Title 9f t e Officer personally appeared e h �a (� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALKAS.SHROFF WITNESS my hand and official seal. Notary Public-California 10my Orange County Commission#2383649 /� ,la��- _l Comm.Expires Dec 13,2025 Signature /.bhtl y1�IJ�7 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 C� � a �1.1 N'� N �i r0� ���Gf-( o� mil/ SECTION C ' 3eI5�ZZ PROPOSAL for the construction of CENTRAL LIBRARY FOUNTAIN RESTORATION CC No. 1630 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach.The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 176 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidders Bond in the amount of 10% GAB which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed OR ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond for % ", as the case maybe) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NA C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 BID ITEMS 12 YY y N a m 1 Mobilization 1 LS $ 319,265 $ 319,265 2 Hazardous Material Abatement Demolition and Haul off-NW $ $150 580 150,580 and SE Fountains 1 LS 3 Fountain Concrete-NW Fountain 1 LS $515,480 $ 515,480 4 Fountain Concrete Stem Walls and Coping-Upper NW $ $72 630 72 630 Fountain Basin#2 1 LS , 5 Fountain Waterproofing-NW Fountain 1 LS $302,580 $ 302,580 6 Fountain Underground Piping-NW Fountain 1 LS $41,480 $ 41,480 7 Fountain Underwater LED Lighting and Conduits-NW 132 230 132,230 Fountain 1 LS $ $ 8 Fountain Jet Rings-NW Fountain 4 EA $ 7. 995 $ 30,780 9 Clean and reinstall Fountain Nozzles-NW Fountain 1 LS $ 20,030 $ 2(1rQ30 10 Fountain Water Level Control System-NW Fountain 1 LS $ 3,830 $ 3,830 11 Fountain Booster Pump NW-Fountain 1 LS $ 21,830 $ 21,830 12 Clean out and Repair Existing Suction Sump-NW Fountain 1 LS $ 12,880 $ 12,880 13 Fountain Concrete-SE Fountain 1 LS $105,030 $ 105,030 14 Fountain Waterproofing-SE Fountain 1 LS $ 59,230 $ 59,230 15 Fountain Underground Piping-SE Fountain 1 LS $49,530 $ 49,530 16 12"X12"Diverter Sump&Grate-SE Fountain 2 EA $ 1,040 $ 2,080 17 18"X36"Main Drain-SE Fountain 2 EA $ 2,640 $ 5,230 Fountain Underwater LED Lighting and Conduits-SE 18 Fountain 1 LS $ 67 980 $ 67,980 19 Clean and Reinstall Fountain Nozzles-SE Fountain 9 EA $ 581.11 $ 5,229.99 20 Fountain Water Level Control System-SE Fountain 1 LS $ 3,830 $ 3,830 21 Fountain Control Valves for NW and SE Fountains 1 LS $ 30,830 $ 30,830 22 Fountain Mechanical Filtration System for NW and SE 1 Ls $142,830 $ 142,830 Fountains C-2.1 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 F23Fountain Circulation and Filter Pump for NW and SE 1 LS 28,830 Fountains s28,830 $ 24 Fountain Control Systems for NW and SE Fountains 1 LS $219,230 $ 21 q 230 25 Fountain Electrical and Mechanical Systems for NW and SE 1 LS Fountains $115,580 $—V�' � 26 Fountain Water Quality Equipment for NW and SE Fountains 1 LS $ 27,830 $ 27,830 27 Mechanical Equipment Building at SE Fountain 1 LS $ 93,180 $ 93,180 Electrical Service Connection for Mechanical Equipment 28 Building 1 Ls $ 51,530 $ 51,530 29 New Landscaping and Irrigation-SE Fountain 1 LS $ 33,880 $ 33,880 TOTAL BID AMOUNT (BASIS OF AWARD)—SCHEDULE A $ 2,665,504.99 TOTAL BID AMOUNT IN WORDS: Two million six hundred sixty-five thousand five hundred and four dollars and ninety-nine cents Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of Items) Subcontractor License Registration# Amount Contract Number EVOLUTION LANDSCAPING INC DBA EVOLUTION LANDSCAPING& C-27 PLUMBING 1000405559 0.9% 29 18931 GOTHARD ST 881465 C-36 $25,505 HUNTINGTON BEACH,CA 92648 Wakeland Electric, Inc. 25,28 18510 Pasadena Street, Suite G 1063245 C-10 1000580743 4.3% Lake Elsinore, CA 92530 $115,000 UNIVERSAL ASPHALT CO INC A, 10610 S PAINTER AVE C12, 27 SANTA FE SPRINGS, CA 256383 C32 1000001866 $12,000 0.4% 90670 KC Power Clean Inc. C611 2500 E. Imperial Hwy, Suite 999554 1000681316 $10,000 .03% 5 149A#385, Brea, CA 92821 D38 PERFORMANCE ABATEMENT B, SERVICES INC 2 11145 THOMPSON AVENUE 782187 C22' 1000005843 $113,465 4.2% LENEXA,KS 66219 C21 MARK BEAMISH WATERPROOFING INC C-61051, 1732 REYNOLDS AVE C 6C133, 1000000903 $262,600 9.8% 5,14 IRVINE, CA 92614 650346 C3. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1/27122 at Yorba Linda CA Date City State Mark Pitman , beingQ first dull!sworn,deposes and says that he or C alifomia Waters Development Int.dba she is President of Califomia Waters 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 thecontents 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. California Waters Development Inc, dba California Waters Name of Bidder i Signature of Bidder Mark Pitman, President 23311 E La Palma Yorba Linda, CA 92887 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL LIBRARY FOUNTAIN RESTORATION, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. California Waters Development Inc, dba California Waters Contractor By Mark Pitman President Title 1/27/2022 Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 ofthe 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. California Waters Development Inc, dba California Waters Contractor By V Mark Pitman President Title Date: 1/27/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: California Waters Development Inc, dba California Waters Bidder Name 23311 E La Palma Ave Business Address Yorba Linda, CA 92887 City, State Zip ( 949 528-0900 leads@califomiawaters.com Telephone Number 958960 A,'�n-99 Address State Contractor's License No. and Class 3/18/2011 Original Date Issued 3/31/2023 Expiration Date The work site was inspected by Leanne Harvey of our office on Jan 19th ,2022 The following are persons,firms,and corporations having a principal interest in this proposal: Mark Pitman, President Jeffrey Barman, Secretary 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. California Waters Development Inc, dba California Waters Company Name .�. Signature of Bidder Mark Pitman, President Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this day of 202 . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of ) County of ) On before me, Month,Day,and Year Insert Name and Title of Notary personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 CALIFORNIA JURAT GOVERNMENT CODE§8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of �- U Subscribed and sworn to(or affirmed)before me on this day of ,20 4R�. by yDate Month � Year (and(2) ), Name(s)of Signer(s) 70"Ll,B.AA WEDO-CONCEPCIONry Public• aliforia proved to me on the basis of satisfactory evidence to or.n (: rttybe the person(s)who appeared before me. ssiart 2356831 y Comm. V. Alay 10,2025 Signature ' Place Notary Seal and/or Stamp Above Signature of NotoPy Public OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document '_- Description of Attached Document4�LL Title or Type of Document: J'eaiM C•� b4ds �i.��•O/LV tq�Wtys r dd Document Date: °� Number of Pages: -f.Pa`W Signer(s)Other Than Named Above: 02019 National Notary Association Bidder's Project History For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features, each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: 1 Table Mountain Resort 8184 Table Mountain Rd, Friant, CA 93626 Name and Address of Reference Name and Telephone No. of Project Manager: Ben Horgan Tutor Perini 702-245-9729 2,400,895 Construction of new multi 2022 tier water feature Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Multiple bodies of water with cascading effect concrete floor and walls 2 Long Beach Performing Arts Center Name and Address of Refet.NO E Ocean Blvd #300, Long Beach, CA 90802 Ray Blanton City of Long Beach Name and Telephone No. of Project Manager: 562-4997929 Renovation of Show 768,241 fountain 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Removal and replacement of show jets and lighting of lower and upper basins with structural modification and new finish work 3. Fulton Mall 1000 Fulton Mall, Fresno, CA 93721 Name and Address of Reference Ross Jenkins, American Paving Name and Telephone No. of Project Manager: 559-268-9886 Construction of 16 3,923,336 water features 2017 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Construction of multiple water features with jet manifolds in multiple locations C-10 4 Transbay Transit Center 425 Mission St, San Francisco, CA 94105 Name and Address of Reference Mark Mikhail Desert Mechanical Name and Telephone No. of Project Manager: 415-660-5421 1,241,236 Construction of new water feature 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Show fountain that requires special programming as buses drive under water feature triggering show 5 Edwards Life Sciences 1921 Alton Pkwy, Santa Ana, CA 92705 Name and Address of Reference James Green DPR Construction Name and Telephone No. of Project Manager: 949-308-8617 1,132,513 Construction of twin 2020 water features Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Construction of two twin water features with weir edge into hidden basin C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Mike Cuicchi Name of proposed Project Manager 949-528-0900 Telephone No. of proposed Project Manager Long Beach Performing Arts Fountain 2018 Center$768,241 Renovation Project Name &Contract Amount Type of Work Date Completed Fulton Mall Construction of $3,966,461 16 Fountains 2017 Project Name &Contract Amount Type of Work Date Completed Edwards Life Sciences Construction of two 2020 $1,132,513 twin water features Project Name &Contract Amount Type of Work Date Completed 2 Robert Aparicio Name of proposed Superintendent 949-528-0900 Telephone No. of proposed Superintendent Long Beach Performing Arts Fountain Center$768,241 Renovation 2018 Project Name &Contract Amount Type of Work Date Completed Fulton Mall Construction of $3,966,461 16 Fountains 2017 Project Name &Contract Amount Type of Work Date Completed Edwards Life Sciences Construction of two 2020 $1,132,513 twin water features Project Name &Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)),passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is$300.Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublieWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844) 522-6734 httpsJ/efifing.dir.ca-gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. California Waters Development Inc, dba California Waters Contractor � By Mark Pitman leads@califomiawaters.com Email President Title Date: 1/27/2022 PWC Registration #: 1000001472 C-I3 Bond No.: CMGBOD012828 *AIA Document A31 0TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place CALIFORNIA WATERS DEVELOPMENT, of business) INC. 23311 E.La Palma Avenue Argonaut Insurance Company This document has important legal Yorba Linda CA 92887 c/o CMGIA consequences.Consultation with 20335 Ventura Blvd.,Suite 426 an attorney is encouraged with Woodland Hills,CA 91364 respect to its completion or modification. OWNER: Any singular reference to (Name, legal status and address) Contractor,Surety,Owner or City of Huntington Beach other party shall be considered 2000 Main St plural where applicable. Huntington Beach CA 92648 BOND AMOUNT: Ten Percent of Their Greatest Amount Bid(10%of G.A.B.) PROJECT:(Name,location or address,and Project number,if any) Central Library Fountain Restoration,CC No.1630 in the City of Huntington Beach The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another 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 The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other Iegal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 24th day of January , 2022 CALIFORNIA WA S DEVELOPMENT INC. ��I�yuM1` (Principal) (Seal) (Witness) (Title) Ag� � l o t In u.} n Company _ t ( u�� 1 r-Q 4 (k (Surety) (Seal) (Witness) �--� (Title)G rell GradPy A' 6rney-in-F3ct CAUTION:You should sign an original AIA Contract Document,on which this to appED. n original assures that changes will not be obscured. AIA Document A310TM—2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WAR�VWG:This.Ate Intt Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'uocumert,nr any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under Me law. / Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of ALA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. os�i�o Bond No.: CMGB00012828 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Bog 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint Gabriella Grady Shilo Lee Losing,Stephanie Hope Shear.Elizabeth Santos Stacey Garcia_Matthew Dlohi io Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to,make,execute seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice Prestdent,Sccreiazy,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of£acsiariIe`signatuxe which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given-power of attorney,to execute in behalf of;and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNES S WHEREOF,Argonaut Insurance Company has caused its official sea[to be bereunto affixed and these presents to be signed by its duly authorized officer on the 1 st day of June,2021. Argonaut Insurance Company SEAL:a= by: STATE OF TEXAS "1O Joshua C.Betz Senior Vice President COUNTY OF HARRIS SS: �''••••.�;:NN On this Ist day of June,2021 AJ),before me a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER Of THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board of Directors of said Company;referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. KAT�-il_EEN M MEEKS l /�Iu�a n`i"Y1.u(YLatJto NOTARY PUBLIC ^' 'y STATE OF TEXAS MY COMM.EXP.0711525 NOTARY rO S57902-8 (Notary Public) I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 24th day of January ,2022 . 0:SEAL •? James Bluzard Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)920-9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On JAN 2 4 2022 before me, Lucas Patterson,Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies),and that by his/herAheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. LUCAS PX71 EPSON ( WITNESS my hand and official seal. _ Notr;Pubiic-Cz-iiior A 4 Los Aracim COU,ry > r J= Comriss r u. Signature t ��' My Comm.Expi `,ar l�"2e25 9 — .�..... --- Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the docum or fraudulent reattachment of this fom7 to an unintended document. Description of Attached Document Title or Type of Document: Docum ate: Number of Pages: Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Tltle(s): ❑Partner— ❑Limited ❑Gener El Partner— ❑Limited ❑General ❑Individual ❑Attorne act ❑Individual ❑Attomey in Fact ❑Trustee ❑ ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is esenting: Signer Is Representing: 02014 National Notary Association.www.NationalNotary.org -1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californi County of On 7 Vd OZ, A I before me, Qmab S. �IepD�Cpn �+m kl�r Ullj�- �e Here Insert Name and Title of the Officer personally appeared /`� D�-r P i rYrwt-rl Name(s)ofSigner(s) who proved to me on the basis of satisfactory eyidence to be the person(sywhose nameA is/ape subscribed to the within instrument and acknowledged to me that he/ske/tUfey executed the same in his/hler/thAir authorized capacity(ie6),and that by his/hjer/ttyeir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(y)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AMABEL 3.AMWEDO-CONCEPCION WITNESS my hand and official seal. •� Notary Public-California Orange County Commission M 2356831 ' • •"'�,My Comm.Expires May 10,2025 r Signature Place NotarySeal and/or Stamp Above P Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: mber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ >Gua ne Fact ' ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ an or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other ❑ Other. Signer is Representirig:z Signer is Representing: 02019 National Notary Association SECTION C PROPOSAL for the construction of CENTRAL LIBRARY FOUNTAIN RESTORATION CC No. 1630 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach.The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City .Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 176 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-l 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 i d d e r ' and in the amount of D which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed OR ELECTRONIC Bids,payable to the AGENCY. (Please insert the words"Cash", "Certified Check",or"Bidder'sBond for % ", as the case may be)Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addendaa. DateReceived er s Mature C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 BID ITEMS vMAll � § i 1 Mobilization 1 LS $Zoai900 $ 200,0� Hazardous Material Abatement Demolition and Haul off-NW 2 and SE Fountains 1 LS $ -:!. A $ 22 56 evc+� 3 Fountain Concrete-NW Fountain 1 LS $ ?'4r bOO $ '8 4',00 0, Fountain Concrete Stem Walls and Coping—Upper NW p 4 Fountain Basin#2 1 LS $ 'J� ' $ Cr 5 Fountain Waterproofing-NW Fountain 1 LS $ $ '0U,L 6 Fountain Underground Piping-NW Fountain 1 LS $ $ bDr 00O Fountain Underwater LED Lighting and Conduits-NW 7 1 LS $20' $ 0 Fountain 8 Fountain Jet Rings-NW Fountain 4 EA $ '3,Sr000 $ 1 9 Clean and reinstall Fountain Nozzles—NW Fountain 1 LS $ 220 $ Sr;OD 10 Fountain Water Level Control System-NW Fountain 1 LS $t7�r�� 11 Fountain Booster Pump NW-Fountain 1 LS $6GIMV $ &5 f t:&b 12 Clean out and Repair Existing Suction Sump—NW Fountain 1 LS $ 010M? $ r O110o 13 Fountain Concrete-SE Fountain 1 LS $_ 0 $.560,,V10 14 Fountain Waterproofing—SE Fountain 1 LS $_LL 0 $ (,74 �CVP 1s Fountain Underground Piping—SE Fountain 1 LS $ $ArpDtl 16 12"X12'Diverter Sump&Grate—SE Fountain 2 EA $ 4,OOZ> $,000 17 18"X36"Main Drain—SE Fountain _ 2 EA $ 7rt%'nb $ (fit, 18 Fountain Underwater LED Lighting and Conduits—SE 1 LS $ 3 j $L ls�Q0 Fountain ' 19 Clean and Reinstall Fountain Nozzles—SE Fountain g EA $ (�1_!�C' $ t Dr 2-bP 20 Fountain Water Level Control System—SE Fountain 1 LS $1400(�' $''7,OPI> 21 Fountain Control Valves for NW and SE Fountains 1 LS $$S.oat� $ W& 22 Fountain Mechanical Filtration System for NW and SE 1 LS $ j tbbpy $( Fountains C-2.1 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 23 Fountain Circulation and Filter Pump for NW and SE 1 LS $ � $ Fountains 24 Fountain Control Systems for NW and SE Fountains 1 LS $3 .f $ aoa 25 Fountain Electrical and Mechanical Systems for NW and SE 1 LS $/26,t14V $ f yflxab Fountains 26 Fountain Water Quality Equipment for NW and SE Fountains 1 LS $ (btT $ P50"ye o 27 Mechanical Equipment Building at SE Fountain 1 LS $ tGt?zG $ 1 bG' p7.�p Electrical Service Connection for Mechanical Equipment 106,000 t 60eIgov � 28 Building 1 LS $7* $ " C-��y rc 29 New Landscaping and Irrigation-SE Fountain 1 LS $ 751 C'VD $ 75.E TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 1�f TOTAL BID AMOUNT IN WORDS.5a'zJ42-"r-o U k. t t t!a iti S f 9�r 5i?"'4y ll4 -4- Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is eater,and the F.rt of the work to be done b such subcontractor. Bid Name and Address o,f' State Class MR PWC Dollar %of Items) Subcontractor License Registration# Amount Contract Number 912511 �"f o 16VBb0?-$ 140/V 5 2�+ �o go� 3avr,13t�r�+r��.►� Z k ter- C !t if OL elv VtOv 74(- /}72fw 23ve C-- vxo A d f hPt+�►,G>`t ��$arr► l t#l b 7�'� Amba� ��s�t faoOdaQ© 31 It,413 31 z-5.to 1*1 Ind kV 6 y c»e'i C-5'O 4,30 ° oc �- S",--tz. CONDOR- uc 1 -2j, 3 �' IJuft -� v� �'l rn oor tilt,� By submission of this proposal,the Bidder certifies. 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 7-�J9 La Palma , CA Date City State Ja at S.Mehta ,being first duly sworn,deposes and says that he or she is President of MMC 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 thecontents 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 MMC Inc. �I I Signa:' r lidder 5901 Fresca Dr. La Palma, CA 90623 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL LIBRARY FOUNTAIN RESTORATION, (n(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. MMC Inc. Contractor By President Title Date: OL;h2ol- C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,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? a Yes ❑No If the answer is yes, explain the circumstances in the space provided. MMC Inc was debarred in the year 2002, for a period of three (3) years by the Department of Industrial Relations. Project: Final Sedimentation Basin Pipe Replacement Owner: city of Los Angeles Reason: Non compliance of prevailing wages Note: This questionnaire constitutes a part of the Proposal,and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 ofthe 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. MMC Inc. Contractor u� By U �) President Title Date: 01-91-22- C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Mehta Mechanical Co. Inc. dba MMC Inc. Bidder Name 5901 Fresca Dr. Business Address CA 90623 La Palma City, State Zip (714 )521-2022 jay@aboutmmc.com Telephone Number Email Address 573635-A,B,C-11,C-61/D-21 State Contractor's License No. and Class 07/24/1989 Original Date Issued 07/31/2022 Expiration Date The work site was inspected by�--TA Y M F H7'A' of our office on--A _ ,20 P- The following are persons,firms, and corporations having a principal interest in this proposal: Jagat S.Mehta-President/Treasurer/Manager Mohan S.Mehta-Secretary 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. MMC Inc. Company Name Signature of Bidder !` Jagat S.Mehta Printed or Typed Signature C-S NOTARY CERTIFICATE Subscribed and sworn to before me this `1rj�day of _Rz u4 r 2022. A .notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of -Gt 1�1� ) County of ±11� ) On 01-A7— a D 22 before me, 4)xaShy n o r U All'G Month,Day,and Year Insert Name and Title of Notary personally appeared .jc-,Qd Me 1 __ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my AM S.SMROFF WITNESS my hand and official seal. �0�°o P�countyCommission 0 2393649 Comm.Expiras Dec 13,2025 Signature,_. ILLS SW Signature ofNotary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features,each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. .The following list of projects meet the requirements of above: 1. Name and Address of Reference Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 2. Name and Address of Reference Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 3. Name and Address of Reference Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: PLEASE REFER TO "PROJECTS COMPLETER" LIST ���' C-10 4. Name and Address of Reference Name and Telephone No.of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 5. Name and Address of Reference Name and Telephone No. of Project Manager:_ Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years.These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Name of proposed Project Manager Telephone No.of proposed Project Manager Project Name&Contrast Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed -- Name of proposed Superintendent 10, Telephone No.of proposed Superintendent Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR) CERTIFICATE .Pursuant to SB 854 (citing Labor Code Section 1.771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is$300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844)522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action—�lisplayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling,dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1.771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7024.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. MMC Inc. Contractor By iu U jay@aboutmmc.com Email President Title Date: 01-a27'a`1� PWC Registration#: 1 0()0 0)3'75 C-13 PROJECTS COMPLETED MMC, Inc. Owner Architect/ Project Manager Project Name Project Contract Date of Description of work Engineer Location Amount Completion OCSD Robbie A.Coronel Safety Fountain $469,000 July'21 Installation of 10844 Ellis Ave. Fc(?ronel. cresc tgml Improvements Valley,CA exhaust&supply Fountain Valley,CA 92708 714-593-7083 program fan,installation& 714-962-2411 purging system LACDPW Hector Hernandez Ave.M&51h St. Palmdale,CA $1,104,373 May'20 Installation of 900 S.Fremont Ave. 626-458-3144 East Wellhead underground pipes, Alhambra,CA hhert'Kw.,g•My.1acountv.gvv Arsenic Treatment valves,install lining 626458-2180 System of retention basin Metropolitan Water District of Robert Myers Installation of Yorba Linda, $475,000 May'20 Installation of Southern CA 909-322-8516 Yorba Linda CA generator enclosure 700 N.Alameda St. Tema-mwdh2o.com Generator Los Angeles,CA 90012 Enclosure 213-217-6000 City of Huntington Beach Jim Escutia Edgewater Sewer Huntington $4,315,771 May'20 Const.of sewer lift 2000 Main St. 714-536-5525 Lift Station Beach,CA station,de-watering, Huntington Beach,CA 92648 jescutia@surfeity-hb.org underground pump 714-536-5431 structure City of Los Angeles(Owner) Arash Daghighian LAFD Van Nuys, Van Nuys, $348,452 May'20 Underground Ford E.C.(Prime) 310-864-9112 Fire Station No.39 CA utilities,storm drain 10850 Wilshire blvd.#380 arashwfordecinc.com retention tank Los Angeles,CA 90024 310474-7999 Orange County Sanitation District Matthew Perry Fuel Cell and Fountain $474,000 June 2'20 Demolition of plant 10844 Ellis Ave. 714-593-7184 Boiler Facilities Valley,CA Fountain Valley,CA 92708 r" er r_g-oesd.cont Demolition 714-962-2411 City of Redondo Beach Saila Potukuchi Rindge Sanitary Redondo $2,194,256 June 2020 Const.of sewer lift 415 Diamond St. 310-318-0661 Sewer Pump Beach,CA station,de-watering, Redondo Beach,CA 90277 S aila.potukuchiAj:pi ondo.or� Station Project Underground pump 310-318-0661 structure LACDPW Victorio Monteil Pitchess Laundry Castaic,CA $2,002,767 July 8,2020 Upgrade laundry bldg., 900 S.Fremont Ave. 626-300-3267 Water Tanks electrical,plumbing, Alhambra,CA 91803 vrnonteil< diaw.lacounty.uov Replacement install water softening 626-458-2180 system Page I of 9 PROJECTS COMPLETED MMC Inc. LACDPW Alioune Dioum Fire Camp 13 Life Malibu,CA $2,817,061 01/30/2020 Const.500 linear feet 900 S.Fremont Ave. 626-300-3273 Safety improvements 8"domestic water line, Alhambra,CA 91803 ticliurrm a_c3p�a.lacounty,,oy= modification of waste 626458-2180 water treatment LACSD Rommel Garcia Joint Water Pollution Carson,CA $494,450 01/23/2019 Replace diesel fuel line, 1955 Workman Mill Rd. 562-447-3567 Control Plant Energy install fire sprinkler Whittier,CA 90607 Facility system 562-699-7411 State of CA Rodd Borgogno Boiler Nox Retrofit Costa Mesa, $1,100,555 Aug'18 Retrofit of boiler nox Dept.of General Services 916-3754275 CA system 707 Third St. Rodd.borgogno@ca.g Sacramento CA City of Santa Paula John L.Ilasin,P.E. 600 Zone-Booster Santa Paula, $3,162,000 12/04/2017 Const.pump station for 970 Ventura St. 805-933-4212 ext.307 Pump Station CA domestic water,bldg.., Santa Paula,CA 93061 jilasinsa)spcihe.om pipeline,valves 805-525-4478 City of Los Angeles Arash Daghighian(Ford E.C) HTP Truck loading Playa Del Rey $606,500 12/2017 Installation of 12000 Vista Del Mar,#200 (Prime Contractor) facility Odor Control blowers,60"FRP pipe, Playa Del Rey,CA 90293 310-864-9112 Modernization tanks,diffusers,pipe 310-648-6155 arashfu:fordecinc.ccm support City of Los Angeles Arash Daghighian(Ford E.C) CLARTS Los Angeles, $1,360,000 Feb 2017 (MMC Subcontractor) 1149 S.Broadway,511 fl (Prime Contractor) Storm water and CA All wet Utilities Los Angeles,CA 90015 310-864-9112 Safety Improvements 213-485-1411 arash€u-fordecinc.com Metropolitan Water District Rick Wulf Venice Power Plant Venice Beach, $74,111.00 Nov 2016 Installation of pumps, 700 N.Alameda St. 213-217-7356 Sump and Sewer CA pipes and valves Los An Iles,CA 90012 Modifications South Orange County Community James Rogers PE Sewer Ejector Saddleback $274,000 003/2016 Installation of wet well, College District Senior Administrator project College,CA electrical,pumps,pipes 28000 Marguerite Parkway 949-677-3648 and valves Mission Viejo,CA 92692 Jrogcrs39@saddleback.edu 949-582-4500 County Sanitation District of LA Jubilant Ako Landfill Gas Wells at Various $1,823,100 07/13/2016 Develop Gas Wells, County 626-962-8605 ext.6214 Various District Locations pipes,valves 1955 Workman Mill Rd. iakoLu?Iacsd.ors Landfills-2014 Whittier,CA 90607 562-6997411 Foot Hill Municipal Water District Mike Sovich,P.E. Main Pump Station Pasadena,CA $43,288 March 2016 Construction of pump 4536 Hampton Rd. 818-790-4036 Portable Pumping discharge piping La Canada Flintridge,CA 91012 nisovicka fmwd.ggip Unit/Connection 818-790-4036 Piping Iacement Page II of 9 PROJECTS COMPLETED MMC Inc. NOCCCD 714-998-2300 Storm Drain Pump Anaheim,CA $404,111.00 01/2016 Replace storm drain, 1830 W.Romneya Dr. Christine Fighera Replacement Project pumps,electrical Anaheim,CA 92801 714-808-4896 at Anaheim Campus controls,piping. 714-808-4776 efi hera(A'noeced.edu LACDPW Victor Bermudez(Cent. Compton Creek Rancho $1,671,142 01/28/2016 Pump station upgrade: PO Box 1460 supervisor) Pump Station Units Dominguez, replace pumps,gas Alhambra,CA 91802 626-688-8275 land 2 station CA system,upgrade 626-458-5100 upgrades Phase 2 electrical,pump Farhad Shojai controls 626-614-6731 City of Long Beach Ford E.C.(Prime Contractor) Naples Island Long Beach, $429,579.00 10/31/15 Construction of storm 333 W.Ocean blvd. Arash Daghighian Permanent Seawall CA drain Long Beach,CA 90802 310-864-9112 Repairs-Phase I (MMC-Subcontractor) Ford E.C. Prime arash@fordecinc.com City of Los Angeles Ford E.C.(Prime Contractor) Santa Monica Bay Santa Monica, $796,287 06/26/15 Install new sewer line 1149 S.Broadway St. Arash Daghighian Low Flow Diversion CA (MMC— Los Angeles,CA 90015 310-864-9112 U Bade Subcontractor County Sanitation Districts of LA District Russ Vakharia Palos Verdes Landfill Rolling Hills $1,964,147 05/27/15 Power plant demolition, 1955 Workman Mill Rd. 310-710-4458 Plant Demolition Estate,CA const.of storm drain, Whittier,CA 90607 rakharia@laesd.org installation of standby 562-699-7411 generator Orange County Sanitation District Don Van Voorst Re-build Heat MMC Inc. $48,895 02/2015 Re-build&overhaul 2 10844 Ellis Ave. 714-593-7624 Exchangers workshop hot water heat Fountain Valley,CA 92708 dvanvoorst@ocsd.com exchanger and Ichilled 714-593-7784 water heat exchanger, Department of Water Resources District Arthur Valencia Replace Septic Four(4)plants $1,685,906 02/04/15 Replacement of septic 1416 Ninth St. 661-233-2253 Tanks,Sewage in CA tanks,pumps,piping, P.O.Box 942836 Arthur.valencia@water.ca.gov Piping and Pumps valves,controls& Sacramento,CA 94236 Angela Hall supports 916-653-5791 661-233-2253 SAWPA City Carlos Quintero Brine Line Reach 413 Riverside,CA $305,947 03/21/14 Installation of MH, 11615 Sterling Ave. 951-3544234 Upper Corona,CA pipeline and valves Riverside,CA 92503 cquintero@sawpa.org Improvements- 951-3544220 Phase3 City of Los Angeles City Ford E.C.(General Contractor) Echo Park Echo Park,Los $3,139,823 06/2013 Underground Utilities 1149 S.Broadway St. Arash Daghighian Rehabilitation Project Angeles (pump station pipeline, Los Angeles,CA 90015 310-864-9112 stone drain City of Redlands City Greg Brooks Country Club Redlands,CA $956,137 05/2013 Const.of Booster pump Engineering Division 909-798-7585 Reservoir Booster station and site 35 Cajon St. gbrooks@cityofredlands.org Station&Site improvements,suction Redlands,CA 92373 Improvements &discharge pipes& valves Page III of 9 PROJECTS COMPLETED MMC Inc. Inland Empire Utilities Agency Agency John Scherck RP-4 Odor Control Rancho $102,654 04/2012 Install blower and FRP 6075 Kimball Ave. 909-993-1547 Back-up Blower Cucamonga pipe. Chino,CA 91708 jscherck@ieua.org 909-993-1600 County Sanitation Districts of LA County Mark Pettit installation of Pumps at Cerritos,CA& $109,501 01/09/13 Remove old pumps; P.O.Box 4998 310-638-1161 ext 6804 Bloomfield and Long Lang Beach, Install new pumps, Whittier,CA 90607-4998 Beach Water CA pipeline and valves. 562-699-7411 Reclamation Plant Interceptor Pumping SAWPA 11615 Sterling Ave. RBF consultants Brine Line County of $1,155,284 05/15/2012 Riverside,CA.92503 Douglas Cook Enhancement Riverside Install.8 underground 951-354-4220 SAWPA 858-518-3072 Project-Reach IV-D vaults&valves for const.of 4EA&8" diversion structure, install 48"valves Metropolitan Water District District Toby Roots Julian Hinds Pump Julian Hinds $428,551 04/2012 Repair expansion joints 700 N.Alameda St. 951-926-7228 Plant Delivery Pipe Mountain 6 feet diameter delivery Los Angeles,CA 90012 jroot@mwdh2o.com Expansion Joint pipe 213-217-6000 Repair Phase 1 Foothill Municipal Water District District Krieger&Stewart Berkshire Pump Pasadena,CA $143,000 03/20/12 Installation of pump& 4536 Hampton Rd. Josh MacPeek Station Booster No. modify discharge La Canada Flintridge,CA 91012 951-684-6900 4B,3E&4W connection 818-7904036 Replacement City of Redondo Beach City Mike Shay Alta Vista Park Redondo $1,451,751 12/20/11 Installation of pump 415 Diamond St. 310-318-0661 Diversion&Reuse Beach,CA filter system and Redondo Beach,CA 90277 ext.2455 Project holding tank, (310)318-0662 mike.shay@redondo.org underground pump building City of Thousand Oaks City of Diana Lockyer Cons.of Interceptor Thousand $505,000 07/05/11 Construction of new lift 2100 Thousand Oaks blvd. Thousand 805-449-2445 Improvements,Phase Oaks,CA station building; Thousand Oaks,CA 91362 Oaks 805-449-2475-Fax 3,Rehabilitation of renovate existing wet 805-449-2400 Industrial Lift Station well;epoxy coat,install piping&valves Foot Hill Municipal Water District District Krieger&Stewart Main Pump Station Pasadena,CA $49,000 0912011 Repair damaged pump 4536 Hampton Rd. Josh MacPeek Booster No.I West works and flanges; La Canada Flintridge,CA 91012 951-684-6900 Replacement epoxy coated piping 818-790-4036 Metropolitan Water District of MWD Brian May Air Release& Various Cities $1,095,101 Replacing old Air Vac So.Cal. 909-392-5140 Vacuum Valve in LA Count 07/19/11 at various locations Page IV of 9 PROJECTS COMPLETED MMC, Inc. 700 N.Alameda St. bmay@mwdh2o.com Relocation for (total of 22 locations) Los Angeles,CA 90012 Treated Pipelines 213-217-6000 Const.Package No. 10 LA Dept.of Water&Power Dept.of Jessica Lewis Furnish&Install Los Angeles S2,481,501 04/15/11 F Install SCR Catalysts in Ill N.Hope St. Water& 213-367-2754 SCR Catalysts at five gas fueled power Los Angeles,CA 90012 Power Jessica.lewis@ladwp.com Harbor and Valley plants 213-367-2754 Generating Stations County of LA/Flood Control District County of Emil Kurlyand Rio-Hondo Channel Montebello, $674,000 05/04/1) Replace Pump and 900 S.Fremont Ave. LA 626-458-3166 Ivy St.Pump Station CA Motor Control, Alhambra,CA 91803 Upgrade&Pop Link construct steel pump 626-458-5100 Pump Station station building& platform City of Los Angeles City of Los Leslie Wall LAG/DCT Water Glendale Water 441,000 2/3/2011 Replacement of old Dept.of Public Works Angeles 310-648-6168 Reclamation Plant Plant and DC exhaust fans(total of 200 N.Spring ST.Rm355 310-648-6155 Tillman Water 20EA) Los Angeles,CA 90012 Leslie.Wall@lacity.org Plant 213-978-0261 County Sanitation District of LA District Polly C.Wong Construction of Joint Dominguez& 362,000 03/2410 Structural Repair of 1955 Workman Mill Rd. 562-699-7411 ext.1609 Out Fall Lamberton in Out Fall Whittier,CA 90670 562-908-0531-fax City of Carson, 562-699-7411 CA Los Angeles Unified School District WLC Frank Sarraf Valley Region Sylmar,CA 60,000 03/210 Underground Utilities 818-767-1123 Architects 310-420-0425 Elementary School (MMC sub for this 310-395-6777-Fax No.8 project) Long Beach Unified School District McCarthy Susan Alm(Facilities Manager) Reid High School Various 2,751,151.00 09/05/2009 Ro-locating Schools 2425 Webster Ave. 562-997-7559-PH Re-locatable Project Schools in portable bldgs.Const. Long Beach,CA 90810 562-595-8644-Fax Long Beach, of new school site, 562-663-3031 sahnLiilbschools.net CA grading,landscape, 562-634-5013-Fax Vince Marchedies demo 562-997-7550-Ph Helix Water District Luis Valdez,P.E.Civil Engineer 36 inch Lake Valve La Mesa,CA 6I0,101.00 36"bull valve 7811 University Ave. District 619-667-6249-Ph Replacement replacement,const.of La Mesa,CA 91941 619-667-6235-Fax valve vault,piping i in & 619-466-0585-ph 08/2009 construction 619-466-1823-fax Page V of 9 PROJECTS COMPLETED MMC Inc. County Sanitation District of LA County Ted Brodeur Arcadia-Sierra Madre Arcadia,CA 1,491,500.00 02/2009 Construction of Trunk County Sanitation 626-962-8605 ext.6714 Sewer Trunk Sewer line, 1955 Workman Mill Rd. 626-814-9221-Fax approximately 3,000 Whittier,CA 90607 tbrodeu04;laesd.c rg L.F. 562-699-7411 West Basin Municipal Water District Water Veronica Govea(Water Microfiltration United Water, 542,890.00 04/2009 Tank Replacement, 17140 S.Avalon blvd.suite 210 Resources Resources Enginner) Equalization Tank El Segundo, piping,valves, Carson,CA 90746 Engineer 310-660-6269 CA electrical control 310-217-2411 310-217-2414-Fax 310-217-2414-Fax vPronzcazta_i estban >rg City of Pomona Metcalf& Raul Garibay(Utility Engineer) Construction of City of $2,036,331.00 01/2009 Plant Expansion, 505 S.Garey Ave. Eddy Ph:909-620-2239 Anion Exchange Pomona,CA installation of tanks, Pomona,CA 91769 Ph:714-567- Fax:909-620-2222 Plant Expansion pumps,valves,filters, 909-620-2261 2447 raul_garibay@ci.pomona.caus concrete pad, Fax:714- demolition of old plant 567-2594 Goldrich&Kest Ken Loesch Phase I&11 La Palma,CA $326,025 05/2008 Concrete slab work, 5150 Overland Ave. 310-280-5087 Fresca Parking construction of parking Culver City,CA 90230 Structure lot 310-280-5087 City of South Gate Wilidan Gladis Deras Well 25 Booster South Gate $315,784.00 03/2008 Pump Replacement, 8650 California Ave. 323-357-9661 pump Replacements replace pumps,valves South Gate,CA 90280-3075 &VFD 323-563-9572 Page VI of 9 PROJECTS COMPLETED MMC Inc. City of Escondido Neil Greenwood Improvements to City of $329,580.00 09/07 Installing Blower and 201 N.Broadway Ph:(760)8394078 HARF&lift Station Escondido pipe Escondido,CA 92025 Fax:760-740-0948 No.3 760-839-4617 City of Buena Park Nabil Hcncin Bridge Barrier City of Buena $400,000.00 08/07 Construction of Bridge 6650 Beach Blvd. 714-562-3692 Replacement Park wall and installation of Buena Park,CA 90622 rails 714-562-3500 1 East LA Community College Beth(LA College) Underground Utilities East LA $1,425,000.00 01/07 Underground utilities: 770 Wilshire blvd.31d floor Aarsh Daghighian College water,irrigation;gas, Los Angeles,CA 90017-3856 (Ford E.C.)-General Contractor sewer pipeline 323-265-8650 Ph:310-264-2145 (MMC worked as Fax:310-264-2146 Subcontractor) Bureau of Reclamation Matt Sheskier Flatiron Power and Denver, $230,000.00 08/2004 Manufacture and Denver,Colorado Ph:(970)9624510 Pumping Plant Colorado installation of Hatch P.O.Box 36900 Fax:970-962-4520 Replacement Hatch Covers Billings,MT 59107-6900 Covers-Big 970-962-4510 Thompson,son,Colorado Bureau of Reclamation-Tracy Bureau of Larry Watterudd Rebuild velocity Byron,CA $97,101.00 5/9/03 REBUILD VELOCITY 6525 Lindemann Road Reclamation Ph:559487-5089 control pumps 94514 CONTROL PUMPS P.O.Box 25508 Fax:559-587-5397 located at Bureau of LOCATED @ Byron,CA 94514 Reclamation BUREAU OF 559-487-5089 RECLAMATION, TRACY FISH Orange County Sheriff Art Rebuild Orange, $87,101.00 05103 Remove,Rebuild and 431 City Drive South McClure Cooling Tower at CA Re-Install Cooling Orange,CA 92868 (714)935- Theo Lacy Jail Tower 714-935-8479 8479 Department of Corrections ; Lisa Marquez Repair(7)Davis Iron Wood $51,050.00 03/03 Repair(7)Davis EMU 19005 Wiley's Well Rd. (916)322-3101 EMU Pumps State Prison Pumps Blythe,CA 82225 Weldon 760-921-3000 Sewell (760)921-3000 Fax:760-9214320 Kaiser Permanente Kaiser Mike Leogrande Re-Build Chiller Fontana,CA $45,918.00 01/03 Rebuild Chiller Pumps 14520 Hawthorne Permanente 909427-4119 Pumps Fontana,CA 92335 909-427-5164 Page VII of 9 PROJECTS COMPLETED MMC Inc. LA County Public Works LA County Jack Payette Ulmus Drive Sewage Calabasas,CA 791,535.00 61i/03 Construction of Sewage Construction Division 81 fl. Public 818-592-0756 Pump Station Pump Station 900 S.Fremont Ave. Works Renovation Alhambra,CA 92728 626-458-3104 City of Pomona City of Hong Wang Replacement of Pomona,CA 2,141,000.00 09/2002 Construction of sewage 505 S.Garey Ave. Pomona sewage pump station lift station and pipe line Pomona,CA 91769 #3 UC Riverside Pro West Jeff Rising Underground Student Riverside,CA 448,000.00 09/2002 Installation of Elevators Expansion City of Big Bear Lake SO& - Phil Taylor _ Sewage Lift Station# Big Bear,CA 124,101.00 08/2002 Modification of Sewage P.O.Box 1000 Associates 2 Lift Station and pipe Big Bear,CA 92315 760-242- line 2365 City of Upland Pat Nance Library Elevator Upland,CA 49,000.00 07/2002 Upgrade passenger 460 N.Euclid Ave. 909-931-4268 Upgrade elevator Upland,CA 91786 O.C.Sanitation District Sid Kirk Ventilation Irvine,CA 214,121.00 05/2002 Ventilation 10844 Ellis Ave. 714-593-7342 Improvements at Improvements Fountain Valley,CA 92728 Main St.pump Station City of Industry CNC Richard Walker Irrigation Pumps and Industry,CA 317,000.00 04/2002 Replacement of 255 N.Hacienda blvd.#222 Engineering Controls Irrigation pumps and Industry,CA 91744 626-821- controls 3456 UC Riverside Spieth Hall George George McMullin Speith Hall Elevator U C Riverside 139,000.00 02/2002 Elevator Removal 680 W.Linden St. McMullin Removal Campus Riverside,CA 92507 Town of Apple Valley SO& Roger Lopez Pump&Piping Town of Apple 50,000.00 07/2001 Installation of new 20440 Highway 18 Associates 760-240-7542 Replacement Valley,CA pumps and Piping Apple Valley,CA 92307 760-242- 760-240-7500 2365 Page VIII of 9 PROJECTS COMPLETED MMC Inc. City of Inglewood ASL Ray Morning side Inglewood,CA 2,257,000.00 07/2001 Reservoir Retrofit One Manchester blvd. Consultant 310-412-5333 Reservoir and Pump Inglewood,CA 90301 Engineers Station Structural 310412-5333 626-683- Rehabilitation 0066 _ Eastern Municipal Water District Arlen Nielson Pump station and Sun City $1,750,000.00 9100 Installation and 2270 Trumble Rd. 909-928-3777 ext.4491 pipe lining construction of pump P.O.Box 8300 station.Installation of Perris,CA 92572 14,000 L.F,of 18"pipe 909-928-3777 Page IX of 9 'PROJECTS IN PROGRESS MMC INC. Owner Architect Project Engineer/Contact Project Name Project Contract Start Date Date of Description J Location Amt. Completi Engineer on Exxon Mobil Refinery _ Butch Hilliard Varies Pump,fin- 12000 Time and On call On going Repair of 12000 Calle Road 805-961-4274 fan,compressor, Calle Road Materials Varies Goleta,CA 93117 Coleman.m.hilliarderexxonm gear box.etc.repair Goleta basis Pump,fin- obil.com fan, compressor, gear box. etc. United Water Services Miguel Marin Varies Pump,fin- 1935 S. Time and On Call On going Varies West Basin Facility 310-426-6150 fan,compressor, Hughes Materials Pump,fin- 1935 S.Hughes Way migpel.marin€atunitedwater.c gear box.etc.repair Way Basis fan, El Segundo,CA.90245 om compressor, gear box. etc.repair Torrance Refinery Juan Ramirez Varies Pump,fin- 3700 Time and On call On going Repair of Company 310-863-0313 fan,compressor, W.1901s St. Materials Varies 3700 W 190th St. 1uan.ramire7 q bfehgr es go gear box.Etc.repair Torrance basis Pump,fin- Torrance,CA 90504 m fan, compressor, gear box. Etc. State of California Rodd Borgogno Boiler Nox Retrofit Costa Mesa, $984,111.00 July 15 April Retrofit of Dept.of General Services 916-375-4275 CA 2017 boiler nox 707 Third St+ Rod(bmw mtmaov system West Sacramento,CA 95605 Page 1 City of Santa Monica Gary Richinick Arcadia Water Plant& 1228 S Bundy 175,000.00 July'16 On-Call Arcadia Water Treatment Plant 213-709-1888 Charnock Well Field Dr. Water Plant 1228 S Bundy Dive Gary.richinick@smgov.net Los Angeles &Charnock Los Angeles,CA 90025 Gloria Montoya Well Field Gloria.montoyarzsm god v,nct service agreement Los Angeles County Rommel Garcia Puente Hills Materials Whittier,CA $4,351,656.00 March'18 June'19 Underground Sanitation District 562-447-3567 Recovery Facility utilities,4EA 1955 Workman Mill Rd. rommelgarcia@lacsd.org Storm Water Capture pump Whittier,CA 90601 stations,7 tanks installation Orange County Sanitation Darius Ghazi Rehabilitation of Fountain $1,998,000.00 May 2019 May 2020 24 clarifiers District 714-593-7586 Twenty-Four(24) Valley,CA sludge 10844 Ellis Avenue dghazi@ocsd.com Rectangular Clarifiers collection, Fountain Valley,CA 92705 equipment 714-962-2411 replacers, chain gears etc. Orange County Sanitation Robbie A.Coronel Safety Improvements Fountain $469,000.00 June 2019 May 2020 Installation of District rCoronet"oesdweom Program Valley,CA exhaust& 10844 Ellis Avenue 714-593-7083 supply,fan Fountain Valley,CA 92708 installation& 714-962-2411 purging system installation Metropolitan Water John P.Vrsalovich F.E.Weymouth Water La Verne,CA $2,944,000 Sept.2019 Sept.2020 Const.of District of So.Cal. 213-217-6000 Treatment Plant Water concrete 700 N.Alameda St. Quality bldg.and Los Angeles,CA 90012 Instrumentation instrumentati 213-217-6000 Improvements on tie inns and utility tie inns City of Paramount Adriana Figueroa Equipping Well No. City of $6,384,451.00 March'20 June'21 Install water 16400 Colorado Ave. 562-220-2100 16 and Treatment Paramount filters, Paramount,CA 90723 afigueroa@paramountcity.com Plant backwash tank,above ground pipe, underground utilities Page 2 Los Angles County Dept.of Fred Ganjian Former Cogen Landfill Los Angeles, $1,839,000 June'20 Dec'20 Const,of gas Public Works 626-300-2354 Gas Extraction System CA wells and 900 S.Fremont Ave. fganjian@dpw.lacounty.gov treatment Alhambra,CA plant 626-458-2190 City of Huntington Beach Jim Escutia Slater Sewer Lift Huntington $3,958,750 May'20 April'21 Sewer lift 2000 Main St. 714-536-5525 Station Beach,Ca station, Huntington Beach,CA jescuda@surfeity-hb.org piping 92648 manholes, 714-536-5431 valves,vaults City of Huntington Beach John Martin Saybrook Sewer Lift Huntington $3,684,400__,_..._... June'20 June'21 Sewer lift 2000 Main St. 714-375-5011 Station Beach,CA station, Huntington Beach,CA John.martin@surfcity-hb.org piping, 714-536-5431 manholes, valves,vaults Calleguas Municipal Water Perliter Robert Beamer-Calleguas Water Lake Sherwood Pump Thousand $2,844,000 Oct'20 June'22 Replacement District Thousand Oaks & District:805-432-6219 Station Rehabilitation Oaks,CA of booster 2100 Olsen Rd. Ingalsbe rbeamc.r?c�,c,calleguas.com pump& Thousand Oaks,CA 91360 Amar Shar(Perliter&Ingalsbe) pump cans, 805-526-9323 818-500-8921 installation of ashah f+ nd-i.0 tanks& reconnection of existing i Orange County Sanitation Jay Kaura Plant Water Pipeline Huntington $1,134,000 Feb'21 Dec'21 Remove& District jkaurwa ocsd.com Replacement at Beach,CA replace 8" 10844 Ellis Ave. 714-593-7559 Kinnison,Lindstrom and 10"plant Fountain Valley,CA 92708 and Scott Tunnels at water line 714-%2-2411 Plant No.2 Orange County Sanitation Plant Boiler System Huntington $230,000 June'21 Dec'21 Install pipe, District Relied at Plant No.2 Beach,CA valves,pipe 10844 Ellis Ave. Insulation Fountain Valley,CA 92708 supports Page 3 9 Orange County Sanitation Trickling Filter Sludge Huntington $184,000 July'21 Dec'21 Demo District Pump Room Exhaust Beach,CA exhaust fans, 10844 Ellis Ave. Fan Relocation at air duct, Fountain Valley,CA 92708 Plant No.2 const.install 714-962-2411 new exhaust fans City of Beverly Hills Tristan D.Malabanan P.E. Equipping of La Beverly Hills, $2,634,250 June'21 Nov'21 Install 345 Foothill Rd. 310-285-2512 Cienega Well No. I CA pumps, Beverly Hills,CA 90210 tmalabanan@beverlyhills.org valves, 310-285-2452 hydrostatic tanks,block bldg..HVAC for building Orange County Sanitation _ Truck Loading Fountain $162,500 Nov'21 District Basement Drain Valley,CA 10844 Ellis Ave. Modifications at Plant Fountain Valley,CA 92708 No. 1 714-962-2411 Page 4 4+3"R B.fV Ry � �. Bidder's Project History [v For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features, each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: 1. Elk Grove Aquatic Center City of Elk Grove Elk Grove California Name and Address of Reference Name and Telephone No.of Project Manager: :Aquatic Design Group,Dennis Berkshire,760-685-0783 $5,1000,000.00 Major Water Features:Competition Pool,Training&Activity Pool with Slide 5/3112019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Commercial Fountain; 50 Meter(12,624 SQ.FT.)Competition Swimming Pool with Diving Area,Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One-Instructional Swimming Pool(3,750 SQ.FT.)with Rim-Flow Gutter System. One-Recreational Swimming Pool(6,196 SQ.F 1.)wifliTWim-Flow 66tter System,Lazy River,Play Features,&40FT Towe &Slides. 2. Orange Coast College Kinesiology Costa Mesa California Name and Address of Reference Name and Telephone No. of Project Manager: :Aquatic Design Group,Dennis Berkshire,760-685-0783 $6,224,621.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 12/31/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Water Features: New One 50 Meter(16,010 50,FT.)Competition Swimming Pool with 2 Floating Bulkheads, Diving Area,with Deep Trough Gutter System,&Competitive Timing System&Scoreboard. one-Instructional Swimming Pool(6,156 SQ.FT.)with Rim-Flow Gutter System.25,000 SQ.FT,of Concrete Pool Decks 3. SJSU Aquatic Center,San Jose California Name and Address of Reference Name and Telephone No.of Project Manager: :Aquatic Desi n Grou ,Dennis Berkshire.760-685-0783 4,388,000.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 3/31/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 50 Meter(12.322 SQ.FT.)Com tition Swimming Pool Diving Area.with Deep Trough Gutter System,&Competitive Timing System&Scoreboard, One-Activity Pool(6,973 SQ.FT.)/Training Pool,with Rim-Flow GutterSystern. .o ,oncre a oo c C-10 4. Torrance Aquatic Center,City of Torrance,California Name and Address of Reference Name and Telephone No.of Project Manager::Aquatic Design Group,Dennis Berkshire,760-685 0783 $4 287 000 00 Major Water Features:Competition Pool TraininS Pool Concrete Decks 4/15/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New 50+Meter(14,838 SF)Competition Swimming Pool&Training Pool(3,750 SF);31,800 SF of Pool Decks 5. Van Ness Rec Center Pool&Bath House,Los Angeles,California Name and Address of Reference Name and Telephone No.of Project Manager: Shelley Irvine,Metro Builders,949-515-4350 $2,288,948,71 Major Water Features:Competition Pool with Slide 6/30/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New(9,434 SF)Swimming Pool with Slide C-11 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB•/7,1909,a Office of the City Clerk Robin Estanislau, City Clerk March 31, 2022 Woodcliff Corporation 11835 W. Olympic Blvd., Suite 825 Los Angeles, CA 90064 RE: Central Library Fountain Restoration —CC No. 1630 Enclosed please find your original bid bond for CC No. 1630. Sincerely, 1s62�Q�i�G� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand �I Document A310 TM - 2010 Bid Bond CONTRACTOR: SURETY: (<kim+e, legal status and address) (Varne, legal statits and principal place Woodcliff Corporation elf business) 11835 W Olympic Blvd Ste 825 Nationwide Mutual Insurance Company This document has important legal Los Angeles,CA 90064 One West Nationwide Blvd., consequences.Consultation with OWNER: Columbus, Ohio 43215-2220 an attorney is encouraged with (rVarue, legal status and address) respect to its completion or modification. City of Huntington Beach Any singular reference to 2000 Main St,Huntington Beach,CA 92648 Contractor,Surety, Owner or BOND AMOUNT: 0 TEN PERCENT(10%)of the Total Amount Bid other party shall be considered plural where applicable. PROJECT: CENTRAL LIBRARY FOUNTAIN RESTORATION(CC No.1630)-7111 Talbert Ave Huntington Beach,CA 92648 (Nanre, location or address, and Project number, ifagv) Project Number,if any: Project No 10100180 The Contractor and Surety are bound to the Owner in the amount set forth above.for the pa}anent of winch the Contractor and Surety bind themselves,their heirs,executors,administrators.successors and assigns.jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within(lie time specified in the bid documents.or within such time period as inay be agreed to by the Otwner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the tennis of such bid.and gives such bored or bonds as may be specified in the bidding or Contract Documents.with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Otwner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof.or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perforni the work covered by said bid_then this obligation shall be null and void.otherwise to remain in full force and effect.The Surety hereby Nvaiwes any notice of an agreement between the Owner and Contractor to extend the tithe in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond si�\ty(60)days. If this Bond is issued in convection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, ails' provision in this Bond conflicting with Said StatUtOry or legal requirement shall be deemed deleted irerefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein_When so furnished,the intent is that this Bond shall be construed as a statuton bond and not as a conunon lacv bond. Signed and sealegtlis 25th day of January,2022 _Woodcliff Co r 'on tom-• (PJ'tnc! (Seal) (fGrtness) MICI�L SI � (Titl Mo c�l�vi?-i ation Mutual Insurance Company (s ti J AN 2 5 2022i (Fi'J. sj C istine Maestas,witness (Tittle) Edward N.Hackett,Attorney-in-fact AIA Document A3101m-2010.Copyright O 1963,1970 and 2010 by The American Institute of Architects.All rights reserved. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary-public or other officer completing this certificate verified only the identity of the individual who signed , twtc of CII I tOrll is the document to ivhich this certificate is attached, and not the truthfulness.accuracy, or validity of'that document. C ouiltv t_it Orange JAN 2 5 102�� 011 befog-C file, C. Maestas Notary Public IIh•rc in,_n n,nro::ulJ lil'r:.rfth:t:fli,rr, pel (,olmlly appeared Edward N. Hackett who pio\ed to me cm the basis (lf satisfactory et idClicc to be the per olt."I whose fianlcjSj k7,Trc SLIO:,rihed to the within instrun-lcfit and ackiiow ledgcd to file thilt he'5tr.IfTeq exrecuted the sidle in hi;=rrrr�tlnn� ,luthr_+ri�cd capacity'ki�-1, and that by his;"Tn�rtfnn�sit�nalurc( )on the iiistrument the perS014hi, or the entity upon bchall,of�,,hich the pel-SOJI(Sy acted,executed the ifititnnnenl I certify under PLN!1L1Y OF PERJURY under file L"'S ofthe State ofVlllifornia that the lilreu()in para-,clph is true mid correct. i -of} t \V1 I NI=SS Illy hand Slid ofllcial Seal, - S::ntllnl:a acu',Pnl,lie . J► ADDITIONAL OPTION10. INFORMATION iti'tiLItU('IIU S I oR II'l.tA]N(I 1'I IIS I cM\1 tut .nl,rn:''1,,(Isnrrr rnrn,rtctrrt !n (�r+litrrrrrd ,urnr rrxir,:in I,'rh;:nrc <_.rrrlt' n. i 0l:*l 1 IL A I A('I ILL)I-)UC•UN-1LN 1 tga;n <u;,cr n'di_norcr,"t u',Ecru,orar sc'pr„ur. a,;:n,m!,rh�t;r,rr h,"rr rarc,r l,, lw"p,rtr ,.•+"ttri:i:d uu:t uu.r.•he.l h, ;G,rl rtoc:unr,Y. 74r ..a1r ., ,; Woodcliff Corporation Bid Bond ,nl rr :h, -(r•: t 1 r Farr , •:n nr:n 1 r. ;r rr ,.vr!r r nu,: ,1 r+„r., ,r., ;e I it :r:!:.crgvi Ill.f.tna:h:d JO:ara•:,uI 1 r"r>r:l ! ,'L l,lJl f,i1lllr+'the (".thJ•,rni:. •. ,rrrilidna; Ihr ar;::.r.:"i-:a r: il•." rh. ,i'.'t�•rr P?. : ,.br'n ti+'' ,/rcnru fir r+"tiur !"rl,r„I,rr'rrr:i,Era -1 fie,rn.l,rn, dl t5i.Irrrul,: t^:r,i. i rul:.,I de,�:rpt,,en uleuanc�d d+.,cu+Heal conunuctll .. JAN 2 2Q2� :: .nul C cul•I;', nt':m mn, b�,Il• lilt :nul(,nrle , err duc'uurul �lll)llhil'ttT l'� t S t�UClIt112R1 Date ,u.rhl l,.:r.:,nail,.It:w;I;-,I hr11112 dte t1oI,n, I:Ill lic h I w 6 nr.c l.,I;•WII, • Dal:u(Ii��Lfti:�ali,m nr>t i,:tllr d.ttc Hut the apn:n•t I,cl,un:d!•, ;rtl,,.li•_:I v.iti_I; mica A:—b;the san,:;la0.Ih:a:Lnun letf!nsnl: c 1dJilic+n•,I inlornla;i�rltl ("hc Hogan public nttl;t print Itia fir her name as n:+pl•::u'>,'•ilhin hi,yr h:! untnti,:.i„n I_"!Iw o,!h.•a nnuu .tn•J lh,n'.r.ur tttl.l,otar. hu',;icl. ('Tint tlt:nal:n:i�I„f d,.,rllnn:nr,.I_'u�lt<1 v.h„I,.u„n:a ('APAOTY CI- \IMED BY TI IE SIGNER ,;bc I, Ih _ I ,r pl u t "fit,b• ,t ,,.ut' t't r t -,n 4-m s — i. m I tit 6n.lnn'III•u•Itr;.l liti:u, F.ullucic;,,n.t,l Inai,al.chi, Illdl�'1dll,ll( l . uu.,nne:nm nla'. lead L,t:IcAlr,n of d••,ctnrcnt rre'_,:dine. �• (.(tl'ItOr,lll'Officer The w iml _all imptV,,P-l! ntuat be ..car 411.1 Ith„tr�_r:l,h�r:,ll': ;•.n,d.,:i!•!c. nu,rc,a,m nw:.i nm ,i.er t_zI fir hn;:" i. cal till •_,.:on i i ri:l M.IIWI-.11.::ea Ilir:ili:;.•.:Elt.'n'.Ise eu:upl,ie a Ili lc:r,',acl.no::lc:.lrut:w ion.:. U tt211'I1wl'(5) Si_n:aurc of Ih:nolm" public nt;":t mit:h ih; si;'Ir..rl:r:1.11 ,lit:,Ill-- Ih:,ttl c:fit heirra.l. J:G,. A(lorne)'-In-fact Pi Addaluual 1111 ummwon Is not rey'.urud but eu?d lie!!, to :u,.r.e tbi, I.) 11'LlS(CC(�) .t.V,n t I r:eul t. n,:nu.ur�d c I t;at Ir.c'to d 1111 cx hull,n, .6,o t L c!otl h.c.Ju:uncnt nontl r r. -r Lrl:. ' f)(hi't' r,7 'nib n r cap icy rl:nnt c h, I:•.:,r.n:r•It I ,lac n�d q r;l•. •.:I co:poLtlC,Ilii:i•t.iliihcalc Ili,:till,:(I C.CH).l-I o. ,1QC4trCl\'::a.nh leis dc:tnn:nl to die+ignrd dot vllwm I I,tit t':1P.1'.i.'. It),07`;un- `3 Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make,constitute and appoint: EDWARD N. HACKETT each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021. Z41-0-- Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT ♦!_ STATE OF NEW YORK COUNTY OF NEW YORK:ss t �w�,\ `,� •' :,moo', On this 20th day of August,2021,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed hereto is the corporate seal of said Company,and the said corporate seal and his signature were \_I duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur (-%'��. Notary Public,State of New York No.02MC6270117 Qualified in New York County Not.,Public Commission Expires October 19 2024 My Commission tapires October 19,2024 CERTIFICATE I,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C,Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 2-:;th day of January,2022 Assistant Secretary BDJ 1(08-21)00 No. 1805-1 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to the Insurance Code of the State of California, Nationwide Mutual Insurance Company of Ohio, organized under the laws of Ohio, subject to its Articles of Incotporation or other fundamental organizational documents, is hereby authorized to transact within this State,subject to all provisions ofthis Certificate,the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary,Sprinkler, Team and Vehicle,Automobile,Aircraft,Legal,and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation of any,of the applicable laws and lawful requirements made under-authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF,effective as ofthe 22nd day of May,2013, I have hereunto set my hand and caused my official seal to be affixed . this 22"d day of May, 2013. Dave Jones Insurance Commissioner By Valerie J.Sarfatyy for Nettie Hoge Chief Depury NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. r '8Ja4�uawmop 6ulddi4s pasul b. i ORIGIN ID CIBA MAD TggRZ (310)312-1400 WOODCLIFF q S185 OLYMPICAVATION SHIP DATE'26JAN22 CAD jACrWO 395543/INE74460 f To SESEA0 LB E3S A 90064 BLIC WO BILL SENDER CITY pF RKS OFFICE 20T HUNTINGTON BEACH MAIN STREET } Q �74 Po: ��H�NINGTpN BEACH C � A 92648 0 Illlllllllllllllllllllllllllllll BID BOND.cenrrR,�uBw�yFOUN IIIIIIIII � IIIIIIIIIIIIIIIIIIII 1 I r I I j4 � 1 1 �Presso I I I I E 1 rRK# THU-27� 0201 7758 7970 462g AN 10:30A PRIORITY OVERNIGHT WZ Q 0 A PV 92' o A CA-Us SIB, c9 Cc' u a� 0 i Ito c a 9 o 0 O � N ev Z O N A FO N ["q L W y � 7., % eq A a � o A Uz � ° `-' O OwUd' m � w � Lf) cokc Cp di Cp O U'rn 04 o Q wmU> w 2t. aoQ who �. Lo J 0 � T �e �G9ftl SECTION C PROPOSAL for the construction of CENTRAL LIBRARY FOUNTAIN RESTORATION CC No. 1630 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach.The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 176 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BI.DDER'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 bid bond in the amount of 10%of bid amount which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed OR ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond for % ",as the case may be)Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: A ddenda No. Date Received Bidd&'s Signature C-z SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 BID ITEMS ,Item Describtiori Quantify Unit Unit Gost Tota[Cost No (Extension) 1 Mobilization 1 LS $ LM $ 0 QO() 2 Hazardous Material Abatement Demolition and Haul off-NW and SE Fountains 1 LS $4'q)l000 $ *01 d Od 3 Fountain Concrete-NW Fountain 1 LS $W/GV d $*d 10 0 0 4 Fountain Concrete Stem Walls and Coping-Upper NW Fountain Basin#2 1 LS $ A,ODd $ 3dj 40V 5 Fountain Waterproofing-NW Fountain 1 LS $01,0116 $J,�y00 6 Fountain Underground Piping-NW Fountain 1 LS $-X00' $ _0-)-)— 7 Fountain Underwater LED Lighting and Conduits-NW Fountain 1 LS $yl f $Nq O 8 Fountain Jet Rings-NW Fountain 4 EA $WV'p $'fit 600 9 Clean and reinstall Fountain Nozzles-NW Fountain 1 LS $ 70 $- 10 Fountain Water Level Control System-NW Fountain 1 LS $-7 Wo $ 74 VOL' 11 Fountain Booster Pump NW-Fountain 1 LS $.4(,)OLD $ 0 n 1�00 12 Clean out and Repair Existing Suction Sump-NW Fountain 1 LS $ 101 L" J $ !)I f 09 J 13 Fountain Concrete-SE Fountain 1 LS $ PV 800 $ (D0/"0 14 Fountain Waterproofing-SE Fountain 1 LS $( $ 15 Fountain Underground Piping-SE Fountain 1 LS $701(V� $ 10i OW 16 12"X12"Diverter Sump&Grate-SE Fountain 2 EA $ $1j 17 18"X36"Main Drain-SE Fountain 2 EA $ 100 J $...0 O[JJ Fountain Underwater LED Lighting and Conduits-SE A 1$ Fountain 1 LS $��� $ 1 19 Clean and Reinstall Fountain Nozzles-SE Fountain g EA $� 0-17 L) $ y'(Wo 20 Fountain Water Level Control System-SE Fountain 1 LS $�0 $ -Gd 9D 29 Fountain Control Valves for NW and SE Fountains 1 LS $ $ iD L 22 Fountain Mechanical Filtration System for NW and SE 1 LS �` Fountains $� $ C-2.1 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 liem Description,, Quantity Unit Unit Cost Total Cost )�o (extension) 23 Fountain Circulation and Filter Pump for NW and SE 1 LS $ 0,90 $ �jr�J Fountains 24 Fountain Control Systems for NW and SE Fountains 1 LS $ $ 'ff ak) 25 Fountain Electrical and Mechanical Systems for NW and SE 1 LS Jjo O a� Fountains $ $ 26 Fountain Water Quality Equipment for NW and SE Fountains 1 LS $ / $ S�/WO 27 Mechanical Equipment Building at SE Fountain 1 LS $3 C1,00 d $ ?j�0d D 28 Electrical Service Connection for Mechanical Equipment 1 LS $1n�f00 $ f��OdD Building 1� 29 New Landscaping and Irrigation-SE Fountain 1 LS $ qof#ov $ q-0 000 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 3,j4gl o0o TOTAL BID AMOUNT IN WORDS: �.�� �(.�i►� :�d1M�- �tJ©it-l�� �-`c {,�-tom!' �I F.�.-. Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bicl Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number Electrical PMK Professional B 2 17925 Sky Park Circle"C" 959668 C7, 100004512 75,000 Irvine,CA 92614 C10 Fountain/ Condor Inc. A Water 3000 Durfee Ave, 812288 B 1000004667 1.8M 52 Feature El Monte,CA 91732 C53 Reinforced San Luis Concrete 1017057 A 100059185 367,000 10 Concrete, 2270 Darby St B Masonry Muscoy,CA 92407 C8 Demo and Integrated Demolition&Remediation A,B 9 Abatement 4938 E La Palma Ave 1003504 C21 1000023608 300,Q00 Anaheim,CA 92807 C22 HAZ By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 01/27/2022at Los Angeles CA Date City State Mohamad Tabrizi ,being first duly sworn,deposes and says that he or she is President of Woodcliff Corporation the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not in any manner,directly or indirectly,sought by agreement,communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or thecontents 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. Woodcliff Corporation Name of Bidder Mohahfid Tabrizi ignature of Bidder 118��e c Blvd,#825E Los A 90064 ress of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL LIBRARY FOUNTAIN RESTORATION, (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. Woodcliff Corporation Contractor mad 1&izi Y r ' ent itle Date: 01/27/2022 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal,and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Woodcliff Corporation Contractor Mo ad Tabrizi President Tit Date: 01/27/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Woodcliff Corporation Bidder Name 11835 W.Olympic Blvd,Suite 825E Business Address Los Angeles, CA 90064 City, State Zip ( 310 ) 312-1400 mike@woodcliff.net Telephone Number Email Address 719883 B+A State Contractor's License No. and Class 03/08/1996 Original Date Issued 03/31/2022 Expiration Date The work site was inspected by Keon Tabrizi of our office on January 24 ,20 22 The following are persons, firms,and corporations having a principal interest in this proposal: Mohamad Tabrizi-President/Secretary 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. Woodcliff Corppration Company gn=adrizi Moesident P 'nt r Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 27 day of January , 2022. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles )On January 27,2022 before me, L(i u Nwk by&A 8iry Ulit, Month,Day,and Year Insert Name and Title of Notary personally appeared Mohamad Tabrizi Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LINA MAHALO DRUCE WITNESS my hand and official seal. Notary PublIC•California Lot Angeles County Commission M 1318404 WAY Comm.g1(plrat Jan 24,1014 Signature �'✓'AMA) � +tX�" Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features,each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: 1. Los Angeles Community College District-915 Wilshire Blvd,#810,Los Angeles,CA 90017 Name and Address of Reference Charles Wren 323-316-0898 Name and Telephone No. of Project Manager: Charles.Wren@bufld-laccd.org Modernization to existing bldg,New Bldg. 2 Story 2015 $21,462,693.00 Bldg,a 25 x 25 outdoor swimming pool and deck Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Construction of a new 25m x 25yd,8 lane,outdoor swimming pool&deck and all related support systems 2 County of Los Angeles Public Works 900 S.Fremont Ave,Alhambra,CA 91803 Name and Address of Reference Name and Telephone No. of Project Manager: Alica Ramos (626)300-3210 $9,688,271.00 New 25x25 meter pool,pool -gov 2014 water play area.skate park general improvements Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: The project scope consists of constructing a new 25 by 25 meter pool,a 6,000 sq.ft.pool house and recreation building,a 3,000 sq.ft.water playarra a 14 nnn eniFr ckatP},nar�l Z ark a new rPctrnnm f,nilrling,I irnir shelterrarnd varinnrgener—A imprnyompnts The reject incorporates low environmental impact designs,drought tolerance landscaping,and other sustainable green building features that meet Silver Certification requirement of the US Green Building Councrs Leadership in Energy and Environmental Design program.Gold LEED Certified. 3. Los Angeles Community College District Name and Address of Reference Name and Telephone No. of Project Manager: Bruce Johnson (818)756-0963 $15.6 M Renovation and new 2007 construction Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Renovation of(2)existing occupied building.North Gymnasium approximately 37,963 sf and south gymnasium approximately 45,200 sf,a 5,000 sf new addition DSPS exercise room,a new pool complex including 9 lane 50 m competition pool,6 lane 25 yard training poo . C-10 4 See attached Name and Address of Reference Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 5. Name and Address of Reference Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: C-11 Bidder's Project History For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features, each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: l. Elk Grove Aquatic Center,City of Elk Grove,Elk Grove,California Name and Address of Reference Name and Telephone No. of Project Manager: Aquatic Design Group,Dennis Berkshire,760-685-0783 $5,1000,000.00 Major Water Features:Competition Pool,Training&Activity Pool with Slide 5/31/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Commercial Fountain; 50 Meter(12,624 SQ.FT.)Competition Swimming Pool with Diving Area,Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One—Instructional Swimming Pool(3,750 SQ.FT.)with Rim-Flow Gutter System. One—Recreational swimming Pool(6,196with Rim-Flow UutterSystem,Lazy River,Play Features,&40FT Tower&Slides. 2. Orange Coast College Kinesiology,Costa Mesa,California Name and Address of Reference Name and Telephone No. of Project Manager: :Aquatic Design Group,Dennis Berkshire,760-685-0783 $6,224,621.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 12/31/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Water Features: New One-50 Meter(16,010 SQ.FT.)Competition Swimming Pool with 2 Floating Bulkheads, Diving Area,with Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One—Instructional Swimming Pool(6,156 SQ.FT.)with Rim-Flow Gutter System.25,000 SQ,FT.of Concrete Pool Decks 3. SJSU Aquatic Center,San Jose California Name and Address of Reference Name and Telephone No. of Project Manager: :Aquatic Design Group,Dennis Berkshire,760-685-0783 4,388,000.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 3/31/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 50 Meter 12,322 SQ.FT.)Competition Swimming Pool,Diving Area,with Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One—Activity Pool(6,973 SQ.FT.)/Training Pool,with Rim-Flow Uutter bystem. .ot Uoncrete Pool Uecks C-10 4 Torrance Aquatic Center,City of Torrance,California Name and Address of Reference Name and Telephone No. of Project Manager::Aquatic Design Group,Dennis Berkshire,760-685-0783 $4.287.000.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 4/15/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New 50+Meter(14,838 SF)Competition Swimming Pool&Training Pool(3,750 SF);31,800 SF of Pool Decks 5. Van Ness Rec Center Pool&Bath House,Los Angeles,California Name and Address of Reference Name and Telephone No.of Project Manager: Shelley Irvine,Metro Builders,949-515-4350 $2,288,948.71 Major Water Features:Competition Pool with Slide 6/30/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New(9,434 SF)Swimming Pool with Slide C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years.These projects do not have to be under the employment of the bidder of this project.Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Omid Tabrizi Name of proposed Project Manager "Also see attached other jobs completed" (310)595-5789 Telephone No. of proposed Project Manager City of Orange Main Library Demo of existing site improvements, new 2 $13,190,411.00 Story Bldg, installation of historic fountain 2006 Project Name &Contract Amount Type of Work Date Completed New 25x25 meter pool,pool house,recreation Alondra Park Pool/Water Play/Stake Park Bldg,water play area,skate park general $9688,271.00 improvements 2014 Project Name &Contract Amount Type of Work Date Completed Life Science&Chemistry Bldg.Modernation Modernization to existing bldg,New Bldg. and New Health,Fitness&PE Bldg. 2 Story Bldg,a 25 x 25 outdoor swimming 2015 $21,462,693.00 pool and deck Project Name&Contract Amount Type of Work Date Completed 2. Robert Everhart Name of proposed Superintendent (951)771-9152 Telephone No.of proposed Superintendent City of Orange Main Library Demo of existing site improvements, $13,190,411.00 new 2 Story Bldg, installation of historic fountain 2006 Project Name &Contract Amount Type of Work Date Completed New 25x25 meter pool,pool house,recreation Alondra Park Pool/Water Play/Stake Park bldg,water play area,skate park general 2014 $9688,271.00 improvements Project Name&Contract Amount Type of Work Date Completed Life Science&Chemistry Bldg.Modernation Modernization to existing bldg,New Bldg. and New Health,Fitness&PE Bldg. 2 Story Bldg,a 25 x 25 outdoor swimming $21,462,693.00 pool and deck 2015 Project Name&Contract Amount Type of Work Date Completed Cat CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is$300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 https://efiling.dir.ca.gov/P WCR/ActionServiet?action--displayP WCRegistrationFonn DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Woodcliff Corporation Contractor o mad Tabriz, By mike oodclif£net ail President Title Date: 01/27/2022 PWC Registration #: 1000003832 C-13 iGIFAIA Document A310T"' - 2010 Bid Bond CONTRACTOR: SURETY: 0R471lie, legal.statuc and address) (Natne, legal status and principal place Woodcliff Corporation of bushiess) 11835 W Olympic Blvd Ste 825 Nationwide Mutual Insurance Company This document has important legal Los Angeles,CA 90064 One West Nationwide Blvd., consequences.Consultation with OWNER: Columbus, Ohio 43215-2220 an attorney is encouraged with respect to its completion or (Aanre. legal status ancf address) modification. City of Huntington Beach Any singular reference to 2000 Main St,Huntington Beach,CA 92648 Contractor,Surety,Owner or BOND AMOUNT: 0TEN PERCENT(1096)of the Total Amount Bid other party shall be consideredplural where applicable. PROJECT: CENTRAL LIBRARY FOUNTAIN RESTORATION(CC No.1630)-7111 Talbert Ave Huntington Beach,CA 92648 (Name, location or address,and Project number,if an-0 Project Number.if any: Project No 10100180 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves.their heirs,executors,administrators.successors and assigns.jointly and severalty,as provided herein.'I•$e conditions of this Bond are such that if the Owner accepts the bid of the Contractor within tine time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with(lie Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents.with a surety-admitted in the jurisdiction of the Project and othenvise acceptable to the Owner,for the faitlifiil.performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may is good Faith contract-with another part} to perfonn the work covered by said bid.then this obligation shall be null and void.otherwise to remain in full force and effect.The Surcty hereby waives any notice of an agreement between the Owner and Contractor to extend tlhe time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggivgate beyond the time for acceptance of bids specified in the bid documents,and the 0%viler and Contractor shall obtain tIhe Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutorF or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deenhcd incorporated herein.When so funtisiied.the intent is that this Bond shall be constnted as a statutory bond and not as a common law bond. Signed and sealed this 25th diay of January,2022 Woodcliff Co r 'on (Princi j (Seal) {fl'iWess) MICE{Q011- rAPA1Z>J �]— i7in M p 41:>Y1 z� ation ' Mutual Insurance Com an (fFt s) C istine Maestas,Witness (Title/ Edward N.Hackett,Attorney-in-Fact AiA Document A31011—2010.Copyright 0 1963,1970 and 2010 by The Amercan Institute of Ardtitec:ts.All rights reserved. CALIFORNIA ALL-PURPOSE d notary public or other officer completing this certifimtet verilied only the ldentitr"ol'the individual who signed State of C"llifo Tuft the:document to which this c•ertiJicate is attached,and not the mithfulness.accuracv,or validin>of ll)at document. i County of Orange I JAN 2 5 202 oil before me, C.Maestas,Notate Public _.. _...m�....�._._.__..._ i►►ilL ltl,::1..'u avd11�4: I illZ't:lJll't'Pl pel:sollally appeared Edward N. Hackett who pm\ed to the ail the basis or sati.'flictory e�ideilcc to be the pei'Solt{-,j \V1lase nailit17,1 is,^arc st►bscrilvd to the within illst►'Uncut ►ild aekilowfedged to me that hei'str;-::`itrtc executed the smile ill authorized cupacitV`Iirs�.and that by On the instruuaent the pC1.5ollf"j,tar the entity open behalf(af which the perscalt6l acted,executed the instruillelit. i «ttify ulldet-PENALTY OF PERJURY under the laws ofthe St.lte OfC.'tlliYui_rlia thintile is ti-tie alld con*Q:t. r(Dr" Sr �,' N36 WITNESS NESS my halal and Official seal. ti HV ADDITIONAL OPTIONAL INFORMATION � `;;triuunc o a't.a;rrr t'ublis t iNSTRIs'CVIONS FOR('0\41'Ll"IIMI`i'IIIS FORM It t xa d x tt! I'�n r u rau 1 tr far teal'o uu7�t 7 nr7;7i7t 401 DI'S(RIIt't'ION(lt�"I'lfl" 'l"l*r\GaltDDOC't_'i4IEtiT pp'-n.e<7bmvirr;an7uco,t ""vi'm1),.7 uth lie)"It�{l,twwPne"nut Ih" prOfz 11V llwplel"d il'i tNl whed tt) 7f;wr t1P{ Ph, Mll' a •r�i: 7C t; �, Woodcliff Corporation Bid Bond 7nb nd to fu fr rt 'li7Ytoa t<7t11Yc4'[1f t t7�r,t t..n !t s.i'tt itt 7 tre}.tit 77f{'nu: t t4Nt1 of t,'t 'c n1 i t a,wqt t't p 1,."I n{1'it"a it tf1"f.7'�J+l i t u; ��. t�cnpiirnt tiI s.us;l:cd duc:n;k7iU I71)f J �l7F.t is tl7 77f3 ft.l':'7-J.�.1 Sfi,rS;'lflllti,!ita�.l f:' Cr+ftf=7ruta ii ee t:+li'in;nn r.ut..nrt -.f t.,{.;,ru, {?t.'t,�e r.r� Pf. ;�ia••,s 7?;; t�l tl t d�.ctyx'tat a1C:t acirtd dent atneni cruxrnmtl) ,tr:'tror=+n 47u e'fitf. (drinx7pc.tYaldris�f ect ttr7,C r.7t,f,7._,.t tr 144"font i,+`G`er�r:r,•.t ANt? a tl(ouu m an ,nrte tttos,1) tit nt 1 i 7ruth i t 1; l.H..0 t�rt NUl)1tW1 t)t l''t vS � i)C7ClllriBtlt l�1te 7un_�t.)Ia,i>:ni.lt}•tl,u:a�d,..tlu��dim tt ,.rs�}:nhlu.l�lra�l o-toa 1.{I:om_,tL r)al�t nci atiz.tG n u.aa:tie Gie data th at th¢si tntn<t jm ouall•i a►t1)e,u�n t�'ti:h n1i vi giso l)c di s ints�flow 1!w it.kno•vled 11:e01 ,1e1=:d. t.:<laiti.ni 1 illfon ixiiml Tilt:hoary puhlic mat i print his or lur nar)r m it at,rt-;trs within ht>:.r Lrr couam„itar iuA ' :ky a comuta'Ind d_II s ur t ti:tnot.;t�pu.�Sic). • Hrini t3_t�n:a7t;r3"!ul t►1tet,ntt nt as�ucr{s)r:hi)a) t 'tail; 1{I- tr.a th>�ts:)tr ni { `(' l / � ` ,)` a74'.I;It31:i11.alY. C APA I t'f,C d�ttYIH)B]' t t tE SIGNFIR 1:1711"tit'{114 L"f I. LS t..,!Ir I,.1;;;<7t tt:>lii>rt 4Y.t5 atlE t),J lit i. i 'sat;.i 1 u`. a_t ltc:str 4me" t -+dv )of ei huts Ilse e i U t io;It, 1 tilaro it!enrretl urlir:ne tits. ttitfi�'tcit{11�5I - - uro ilia I ,i i�n etsuan ui;I�<utAn?rct a ahu Cr t�pl'Ott:"fife;Officer "fho n t an >c i! .nil+ttscu n roust b. c.{.ar ,uy! L..ci,�_r ph;.- `Ip ry_i,dacci•:c. lug:csciitn moat❑m cover text of iu1s.„"CA tuyt;e,4;'>t ._dc r�-ze a i?.1 (I No ,t;1T flat gyro it iJli=.a..id a+.vise ctaaitlticic a diii 'tat ack;n•udvdgm it fim.t. ). :i_rstuta of liv,nulary public wlt t ni'vA the siplxtirc en tda vvh ill;oWcc t•; t drtncl'tS� d)cto tt cicr tlCtorncy-ltt-I'a�t ct :dd:zimal w!'nrm-titni is tat r.ltliml (gut 'wOd hcilt io owlty (hi, ( `-t I iutitCC's a;►:iroe �t t.-J. O 1,u�:o t ilisuwd ot at.,clt e to a dii IC: 61 a;: i; Illawau"l,'Iz ur t}!t.u;dUa cho`d7 «nt,m.0911117.a - (A oldi,u rgtsayel:mul114t 'atnl,N'de; unlsap-.iJsa co trier ite t I lce ut,au uc ttw ttttti n c.C 1 t),t 1 t).Sewm..r_:J. Sdcurel)au.h.a tr.�i dt.c,uaciu a)the aiC�;,.d du,tattcia i ?;u e V';;9ionf'AItA v12 Ii) 1;3ii t 4 ?tit4.i aicet.Td n i; {',:I�.a.ctuu Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company"and collectively as"the Companies"does hereby make.constitute and appoint: EDWARD N. HACKETT each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company:and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents" This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,Instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary:provided,however,the signature of any of them may be printed,engraved;or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August,2021. A10__ Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT I►�`!! au STATE OF NEW YORK COUNTY OF NEW YORK:ss �o� On this 20th day of August,2021,before me came the above-named officer for the Company r. '�s� X ;i aforesaid,to me personally known to be the officer described in and who executed the preceding ��t SEAL?*� instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed 41Jlt9tt5 qt+. hereto is the corporate seal of said Company,and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Company. Stephanie Rubino McArthur Y �;+ MuA� Notary Public,Slate off New York No.02NIC62701 17 Qualified in New York County N-1 Pubic Commission Expires Oclober 19 2024 My Cemmissicn F Does 0cabel 19.202J CERTIFICATE I,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 25th day of January,2022 �a _f1QL Assistant Secretary BDJ 1(08-21)00 No. 1805-1 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to llte Insurance Code of the State of California, Nationwide Mutual Insurance Company of Ohio,organized under the laws of Ohio,subject to its Articles oflncorporation or other fundamental organizational documents,is,hereby outhorized to transact within this State,subject to all provisionsofthis Certificate,the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary,Sprinkler, Team and Vehicle,Automobile,Aircraft,Legal,and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Lasts of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fill compliance with all,and not in violation ofarty,ofthe applicable laws and lawfid requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable; and as such laws and requirements now are,or may hereafter be changed or amended IN WITNESS WHEREOF,effective as of the 22°d day ofMfay,2013, 1 have hereunto set my hand and caused my official seal to be a jixed this 22 d day of Ala},2013. I Dave Jones Insurance Commissioner Ji \ a�,:, , $v Valerie J.Sarfaty for Nettie Hoge "W Grief Deputy NOTICE: Qualification with die Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violationof Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. SECTION C PROPOSAL for the construction of CENTRAL LIBRARY FOUNTAIN RESTORATION CC No. 1630 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach.The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 176 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find bid bond in the amount of 10%of bid amount which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed OR ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder'sBond for % ",as the case may be)Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: A r en a No. Date Receive Bid er s Signature C-z SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 BID ITEMS item, Description Quantity Unit Unit Cost Total Cost No (Extension) 1 Mobilization 1 LS $ foi $ r0l 000 2 Hazardous Material Abatement Demolition and Haul off-NW and SE Fountains 1 LS $ i000 $2�' Or odd 3 Fountain Concrete-NW Fountain 1 LS $�Gv $*&'10 O d Fountain Concrete Stem Walls and Coping—Upper NW 4 Fountain Basin#2 1 LS $ Q� $ 3d/ 0GV 5 Fountain Waterproofing-NW Fountain 1 LS $00/OC6 6 Fountain Underground Piping-NW Fountain 1 LS $500 $ 7 Fountain Underwater LED Lighting and Conduits-NW ,,f0� Fountain 1 LS $� � $ 6 Fountain Jet Rings-NW Fountain 4 EA $ ()0' $f�i 9 Clean and reinstall Fountain Nozzles—NW Fountain 1 LS $ $-� 10 Fountain Water Level Control System-NW Fountain 1 LS $� $ 7a VOL' 11 Fountain Booster Pump NW-Fountain 1 LS $bV 00 $ 12 Clean out and Repair Existing Suction Sump—NW Fountain 1 LS $ 101('0 0 $ j V 13 Fountain Concrete-SE Fountain 1 LS $—A it" $ (y0�000 14 Fountain Waterproofing—SE Fountain 1 LS $ otx� $ j 15 Fountain Underground Piping—SE Fountain 1 LS $7011V 9 $ 701000 16 12"X12"Diverter Sump&Grate—SE Fountain 2 EA $ $ ot'' 0 17 18"X36"Main Drain—SE Fountain 2 EA $ 1000 $ 04A> Fountain Underwater LED Lighting and Conduits—SE t�0 18 Fountain 1 LS $ $ 19 Clean and Reinstall Fountain Nozzles—SE Fountain g EA $ 000 $ flCV o 20 Fountain Water Level Control System—SE Fountain 1 LS $ ��00 $ --ZooD 21 Fountain Control Valves for NW and SE Fountains 1 LS $(KOO $ (K 00 L) 22 Fountain Mechanical Filtration System for NW and SE 1 LS Fountains $174I op $ / i C-2.1 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 Item' Description Quantify Unit Unit Cost Total Cost y l�o 23 Fountain Circulation and Filter Pump for NW and SE 1 LS $140,90 $ W J Fountains Y4 Fountain Control Systems for NW and SE Fountains 1 LS $ /� y�' $ <0'13 Ls 25 Fountain Electrical and Mechanical Systems for NW and SE 1 �`— Fountains $�f� $ 26 Fountain Water Quality Equipment for NW and SE Fountains 1 LS $ / $ Sk�l 27 Mechanical Equipment Building at SE Fountain 1 LS $ o0d $ -�5�t0d O 28 Electrical Service Connection for Mechanical Equipment 1 LS �00 t9 00 0 Building $ f $ Y9 New Landscaping and Irrigation-SE Fountain 1 LS $ y0faov $ *Or 000 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ j4gll 0001 TOTAL BID AMOUNT IN WORDS: ��� 1�11►l�1�� `��- tit N o� ��2.-car �dv>� Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Items) Subcontractor License Registration# Amount Contract Number Electrical PMK Professional 8 2 17925 Sky Park Circle"C" 959668 C7, 100004512 75,000 Irvine,CA 92614 C10 Fountain/ Condor Inc. A Water 3000 Durfee Ave, 812288 B 1000004667 1.8M 52 Feature El Monte,CA 91732 C53 Reinforced San Luis Concrete 1017057 A 100059185 367,000 10 Concrete, 2270 Darby St B Masonry Muscoy,CA 92407 C8 Demo and Integrated Demolition&Remediation A,B Abatement 4938 E La Palma Ave 1003504 C21 1000023608 300,000 9 Anaheim,CA 92807 C22 HAZ By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 01/27/2022at Los Angeles CA Date City State Mohamad Tabrizi ,being first duly sworn,deposes and says that he or she is President of Woodcliff Corporation the party making the foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not in any manner,directly or indirectly,sought by agreement,communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or thecontents 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. Woodcliff Corporation Name of Bidder Moharffid'Tabrizi ignature of Bidder 11835 W.O c Blvd,#825E Los e , A 90064 ress of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CENTRAL LIBRARY FOUNTAIN RESTORATION, (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. Woodcliff Corporation Contractor mad Tabrizi y r ' ent itle Date: 01/27/2022 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,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? U Yes ®No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal,and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the .Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Woodcliff Corporation Contractor Mo ad Tabrw President Tit Date. 01/27/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Woodcliff Corporation Bidder Name 11835 W.Olympic Blvd,Suite 825E Business Address Los Angeles, CA 90064 City, State Zip ( 310 ) 312-1400 mike@woodcliffnet Telephone Number Email Address 719883 B+A State Contractor's License No. and Class 03/08/1996 Original Date Issued 03/31/2022 Expiration Date The work site was inspected by Keon Tabrizi of our office on January 24 20 22 The following are persons, firms,and corporations having a principal interest in this proposal: Mohamad Tabrizi-President/Secretary 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. Woodcliff Corppration Company. Z � gnature of Bi Mo ad rizi - President P 'nt r Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this 27 day of January ,2022. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On January 27,2022 before me, biu &A[D Y uP, , N�i r j 44c, Month,Day,and Year Insert Name and Title of Notary personally appeared Mohamad Tabrizi Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L1NA MANALO BRUCE WITNESS my hand and official seal. NoUryPuEUC-Cturornlat Los Angeles county Commission x 2311404 r IFY Comm,Expires don 24,2024 Signature 6L/Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features,each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: l. Los Angeles Community College District-915 Wilshire Blvd,#810,Los Angeles,CA 90017 Name and Address of Reference Charles Wren 323-316-0898 Name and Telephone No. of Project Manager: Charles.Wren@bufld-laccd.org Modernization to existing bldg,New Bldg. 2 Story $21,462,693.00 Bldg,a 25 x 25 outdoor swimming pool and deck 2015 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Construction of a new 25m x 25yd,8 lane,outdoor swimming pool&deck and all related support systems 2 County of Los Angeles Public Works 900 S.Fremont Ave,Alhambra,CA 91803 Name and Address of Reference Name and Telephone No. of Project Manager: Alica Ramos (626)300-3210 New 25x25 meter pool,pool hV,�A4IYdA V''gov 2014 $9,688,271.00 water allay area-skate park general improvements Contract Amount Type of Work Date Completed Provide additional project description to show similarwork. The project scope consists of constructing a new 25 by 25 meter pool,a 6,000 sq.ft.pool house and recreation building,a 3,000 sq.ft.water plg}rnrea a 141000 s g k skatabnard park-a new restrnnm hnilding,picnic sbelters and varinnrgencral irn rnVPmentc The reject incorporates low environmental impact designs,drought tolerance landscaping,and other sustainable green building features that meet Silver Certification requirement of the US Green Building Council's Leadership in Energy and Environmental Design program.Gold LEED Certified, 3. Los Angeles Community College District Name and Address of Reference Name and Telephone No. of Project Manager: Bruce Johnson (818)756-0963 $15.6 M Renovation and new 2007 construction Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Renovation of(2) existing occupied building.North Gymnasium approximately 37,963 sf and south gymnasium approximately 45,200 sf,a 5,000 sf new addition DSPS exercise room,a new pool complex including 9 lane 50 m competition pool,6 lane 25 yard training pool. C-10 4. See attached Name and Address of Reference Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 5. Name and Address of Reference Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: C-11 Bidder's Project History l` For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features, each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: l. Elk Grove Aquatic Center,City of Elk Grove,Elk Grove,California Name and Address of Reference Name and Telephone No. of Project Manager:-.Aquatic Design Group,Dennis Berkshire,760-685-0783 $5,1000,000.00 Major Water Features:Competition Pool,Training&Activity Pool with Slide 5/31/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Commercial Fountain; 50 Meter(12,624 SQ.FT.)Competition Swimming Pool with Diving Area,Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One—Instructional Swimming Pool(3,750 SQ.FT.)with Rim-Flow Gutter System. One—Recreational swimming Pool(6,196 SQ.F 1.)with Rim-Flow Gutter System,Lazy River,Play Features,&40FT Tower&Slides. 2. Orange Coast College Kinesiology,Costa Mesa,California .Name and Address of Reference Name and Telephone No. of Project Manager: :Aquatic Design Group,Dennis Berkshire,760-685-0783 $6,224,621.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 12/31/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Water Features: New One-50 Meter(16,010 SQ.FT.)Competition Swimming Pool with 2 Floating Bulkheads, Diving Area,with Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One—Instructional Swimming Pool(6,156 SQ.FT.)with Rim-Flow Gutter System.25,000 SQ.FT.of Concrete Pool Decks 3. SJSU Aquatic Center,San Jose California Name and Address of Reference Name and Telephone No. of Project Manager: :Aquatic Design Group,Dennis Berkshire,760-685-0783 4,388,000.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 3/31/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: 50 Meter(12,322 SQ.FT.)Competition Swimming Pool,Diving Area,with Deep Trough Gutter System,&Competitive Timing System&Scoreboard. One—Activity Pool(6,973 SQ.FT.)/Training Pool,with Rim-Flow Gutter System. 19,300 SUT 1.o oncre a Fool UecKs C-10 4. Torrance Aquatic Center,City of Torrance,California Name and Address of Reference Name and Telephone No.of Project Manager::Aquatic Design Group,Dennis Berkshire,760-685-0783 $4,287.000.00 Major Water Features:Competition Pool,Training Pool,Concrete Decks 4/15/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New 50+Meter(14,838 SF)Competition Swimming Pool&Training Pool(3,750 SF);31,800 SF of Pool Decks 5, Van Ness Rec Center Pool&Bath House,Los Angeles,California Name and Address of Reference Name and Telephone No.of Project Manager: Shelley Irvine,Metro Builders,949-515-4350 $2,288,948.71 Major Water Features:Competition Pool with Slide 6/30/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New(9,434 SF)Swimming Pool with Slide C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years.These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Omid Tabrizi Name of proposed Project Manager "Also see attached other jobs completed*" (310)595-5789 Telephone No. of proposed Project Manager City of Orange Main Library Demo of existing site improvements, new 2 $13,190,411.00 Story Bldg, installation of historic fountain 2006 Project Name &Contract Amount Type of Work Date Completed New 25x25 meter pool,pool house,recreation Alondra Park Pool/Water Play/Stake Park bldg.water play area,skate park general $9688,271.00 improvements 2014 Project Name&Contract Amount Typ M e of Work Date Completed Life Science&Chemistry Bldg.Modernation odernization to existing bldg,New Bldg. and New Health,Fitness&PE Bldg. 2 Story Bldg,a 25 x 25 outdoor swimming 2015 $21,462,693.00 pool and deck Project Name &Contract Amount Type of Work Date Completed 2. Robert Everhart Name of proposed Superintendent (951)771-9152 Telephone No. of proposed Superintendent City of Orange Main Library Demo of existing site improvements, $13,190,411.00 new 2 Story Bldg, installation of historic fountain 2006 Project Name &Contract Amount Type of Work Date Completed New 25x25 meter pool,pool house,recreation Alondra Park Pool/Water Play/Stake Park bldg,water play area,skate park general 2014 $9688,271.00 improvements Project Name&Contract Amount Type of Work Date Completed Life Science&Chemistry Bldg.Modernation Modernization to existing bldg,New Bldg. and New Health,Fitness&PE Bldg. 2 Story Bldg,a 25 x 25 outdoor swimming $21,462,693.00 pool and deck 2015 Project Name &Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR). Currently the annual non-refundable registration fee for Contractors is$300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844)522-6734 https://efi ling.d ir.ca.gov/P W CR/ActionServl et?action=displayP W CRegistrat ionForm DIR's Contractor Registration searchable database: https://efilinc,.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Woodcliff Corporation Contractor o mad Tabriz, By mike oodclif£net ail President Title Date: 01/27/2022 PWC Registration #: 1000003832 C-13 1 Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Marne, Legal status and address-) (Nance, legal status anti principal place Woodcliff Corporation of business) 11835 W Olympic Blvd Ste 825 Nationwide Mutual Insurance Company This document has important legal Los Angeles,CA 90064 One West Nationwide Blvd., consequences.Consultation with OWNER: Columbus, Ohio 43215-2220 an attorney is encouraged with (ianre, legal i7a1'us and addrr�ss) respect to its completion or modification. City of Huntington Beach Any singular reference to 2000 Main St,Huntington Beach,CA 92648 Contractor,Surety,Owner or BOND AMOUNT: 0 TEN PERCENT(10°0)of the Total Amount Bid other party shall be consideredplural where applicable. PROJECT: CENTRAL LIBRARY FOUNTAIN RESTORATION(CC No.1630)-7111 Talbert Ave Huntington Beach,CA 92648 (.bare, location or address,and Project number,ifanv) Proieet Number,if any: Project No 10100180 The Contractor and Surety are bound to the Owner in the amount set forth above.for the payment of which the Contractor and Surety bind themselves.their heirs,executors,administrators.successors and assigns.jointly and severally.as provided herein.Tile conditions of this Bond are such drat if the Owwncr accepts the bid of the Contractor within the time specified in the bid documents,or wvithut such time period as may be agreed to by tine Owner and Contractor,and the Contractor either(1)enters into a contract with the Owwner in accordance with the teens of such bid.and gives such bond or bonds as may be specified in the bidding or Contract Documents.with a surcty admitted in the jurisdiction of the Project curd otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof-or(2)pays to the Owner the difference,not to exceed the amount of(iris Bond..between tine amount specified its said bid and such larger amount for which tile Owwner may in good faith contract with another party to perform the work covered by said bid.then this obligation shall be null and void.otherwise to remain in full force and effect.The Surety hereby wwaives any notice of an agreement between the Owner and Contractor to extend tile time in which the Owner may accept the bid.Waiver of notice by the Surety stunt not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extemion beyond sixty(60)days. If this Bond is issued in connection with a subcontractor`s bid to a Contractor,the terns Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in die location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statuton or other legal requirement shall be deemed incorporated herein.When so furnished.the intent is that this Bond sinful be construed as a statutory bond and not as a conuuon law bond. Signed and sealed this 25th day of January,2022 Woodcliff Co ra "on. J --- (Prinel t (Sea II (1vitnesr) Mtewlst. `jam 1 (Titl... M4 tat ►ti; ation Mutual Insurance Company (10 , w) C istine Maestas,Witness (Title) Edward N.Hackett,Attorney-in-Fact AIA Document A31011'—2010.Copyright(D 1963,1970 and 2010 by The American Institute of Architects.All rights reserved. CALIFORNIA ALL-PURPOSE C" {aR I 'I TT O ACKNOWLEDGMENT d notate-public or other offieer-completing this certilicute verified onl r•the ideutitc til'the individual who signed state of C"a l i fa llia the doclunew to 1,i, this c ertijiettte:is attached,and not thetnrthfuhress:accurac>,or rcrJidin>of that document. t.(altlltV of f Orange L t t JAN 2 5 20221 Oil More me, C.Maestas,Notary Public i nelt,tn;c:.` t.;t.u_�t;,(<t+i i.h th:r tit`Ite•:rt pcn:;c?Wally allpeart(1_ Edward N. Hackett Who 10 Ille on tllc basis of satisractory et idence to be ttic 1)trtsol6l «hosc 11t1111cInj is-",Trc sub criNd to the within ittstrumcnt an(] ackilowledgzd to me that executed the: saute hl his-rn�.�fn n� autitctri!ed cajpac ity it-7,3.and thal by his,`wr, tcir sib"nxlturc(S3 oil the ittstruillcut the pCI*sranfsj,tar thL elltity 111"km behali'ol,whieh the:persoi*s)acted,executed the iTtstruntent. t I certify undt:r PENALTY OF PERJURY tinder the laws ot'the State of illitomi i that tale liaregoinl parat,raph is tr(le i aild correct. yy WITNI"SS my hand and official scat F,NL, i -}rj's 1Ct� Qt, •i Iryi , ADDITIONAL OPTIONAL INFORMATION t� St ti t:> itt ts:�liannc vI:aNul'v httblic IN i Rt1f 110Ns I Ott C UliPt i3t l�("11'I115 ft)ttlf tr vt drx t l.uu t r r nt!t t zl r: (_itr tru e,l.ulr r r r,ain 1 1 t a. t)(�`>t_'Itll''1'ltJti 01 '11Iti,YITA(_Ilt"DD0(.:l'Ntt_N {�ttearsa.esrfr rr..ur,nt ,cariar,r, .rs'ctxrrrrt,.r,hnrrrttst�t rut.. arr,.:ustt� jin';ri h- ult.t tt rrc hed r) that dot a ,.W, 1 it,' wth' Woodcliff Corporation Bid Bond :Ai: to it-rci'urded rtr!}htr(e t c hfiuwh: G.".c'tr in rutty'<',. ctt .t;tc:rrrarh, r'r•dtn/ t 1 � _�ct1 uui 'v t t J t r t' t v�u r t -t a r r. iT;i:c,�t d�.�cripliull f;tuaca:ctl d�rc;a.;atit _ ':,� Pomw thern ar" ,.d dot ,ijtn:?Itlllt� tt„`,I 1 ;h'1,'0 fit <I•t,!lw 4 ill �...jhtf�lr, C,..u.rts n.t,:rtic.It=rrtru aru,rctrhrr',ctuir.,'crud t,,,,crr 1:a 1-of i'r,v; r;;I (!al:;,r dercrptsc�n of:,ttacJrtd tittcPtneot c.eatinl:ctJl n p� t , stiwtillel srt'Pat�t;, � Udeumealt Date.... J AN 2 L0a�' , a tt Cull?I la 01 ",lli tl llm t it th ti Itc tut("'wilt, Er I t; Irk a r�rt wot_et,1 pccam.ii} t,t,,utrid ta'liuw�the n tturp l.ldnc�feat,t,,.oasl.11;nu,.0 0.0cel,Ilol.ix At.n wut,be the date•ttrtt f ltc sienttI,I pa om:llr allp,an 1 u hilt 3nitzt 7i>o Jx:t!t stttt cl,n.•the ackuawlul�u,c�d lel:rd- i.`.<(Jiti<+n 1 m ,Illaiiunl Thc ntvaty public Inttst taint his or her nainc as it aphc^ar,ss ithin hi,tw hrr couunnsivn Ilya cl;nnna mid tt an%bur mi':i t:r•t;r,pu.tEta. int the nnGra;) lur I i sail, y l..r.a tit,*Wler ail vcl.11"vi,1l.)11, C'.APACITY 0,M\1('D RY TI IE SIGNER l;lai,u.°th:r<1 I t,l;, or h1; A fo!11r,b,, ott utcltc t_t it,:,lt �-,;. i.,rrtnr)m ci:clnut the colt,!.1 tits i hlliltu-a lit o,ily aysl:t I iaah•IN, ttlCtlYldLttlt ts) unto mur:a us;n L'nct t.,rc eGon ui a w!atmnt n�rrlliu;;. *? �orlim ale Oficel` 1�I:c «��tan' ac.t, tnlprai.�n muit t. shear ant lli,1Io,_t plt,,a'.h: tglz,da_:i•:c. 11*11,.6 nnl C,Aer tz Yt or liA: if i,:A ilvp,ci,ti t (C311,`t nt?t!i.Y itt,it Ct1{_t nita,iSQ.CI,.<i Cu31l2isIC 8 2lill.....,,a:kn(. l i^u:cnl ,. .,. Parincr(s} :11 I titnC ol`11b:nui;tYa'pl t tic n?=b4•(tSi(n:.h the ht R'itu:C iYt Ii%,.'441th III,olt.C4 t•: Uttc t t,dct A.tiornt Y-itbl act Ct ;Add;tonal w!=ttetmum is nut ragsutc'+l bat Ili, l t_I Trust ct.`.(!s) a;:fiiun c.l,t;vttt l�rn)l mi'ttud of wachae wa dille rt klcol:Rwut, cat lndicai t,hoeht, t .uesc(ro;,hoeunx•ut,nuulirzr t .m;.a ,ztlatt. Gil climllof I",t`„,vi nc ?t t u i ti;y1 .t.i�A k. Jtitlk �Itlic w oU.ccr,m 11c Its(he tn<c I i,c !CEO.(To,soll%!l ,.L i StLIR'ele tl n�i trls doctlilkttl to IhC Si2_;is dw ulmnit •u ' AAA t>I'11).b'r;I7th -t3 f;+ u,as.i�,tttF�?us;:,,rom Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation hereinafter referred to severally as the"Company'and collectively as"the Companies"does hereby make.constitute and appoint: EDWAR.D N. HACKETT each in their individual capacity,its true and lawful attorney-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of UNLIMITED and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company:and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed, This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary:provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument tobe sealed and duly attested by the signature of its officer the 20th day of August,2021. Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT f uuu STATE OF NEW YORK COUNTY OF NEW YORK.ss AL On this 20th day of August,2021,before me came the above-named officer for the Company �+ aforesaid,to me personally known to be the officer described in and who executed the preceding SEAL i, instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed .00 hereto is the corporate seal of said Company,and the said corporate seal and his signature were `'.'r duly affixed and subscribed to said instrument by the authority and direction of said Company. / Stephanie Rubino State McArthurf NewY /j � M4/A I/ Notary Public,State of New York (i4},(, ��Y' i�C�irK— No.02MC6270117 Qualified in New York County Nniary Abiw Commission Expires Oclober 19 2024 My Ccmmissicn Eapues WoDe,19.201a CERTIFICATE I,Laura B.Guy,Assistant Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner,that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF.I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of said Company this 25th day of )anttary,2022 Assistant Secretary BDJ 1(08-21)00 No. 1805-1 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to the Insurance Code of the State of California, Nationwide Mutual insurance Company of Ohio,organized under the laws of Ohio,subject to its Articles oflncoiporation or other fundamental organizational documents,is hereby authorized to transact within this State,subject to all provisions ofihis Certificate,the,following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary,Sprinkler, Team and Vehicle,Automobile,Aircraft,Legal,and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Lmi;s of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereaflerbeing in f dl compliance with all,and not in violation of arty,of the applicable Imes and lawf:d requirements made under authority of the laws of the State of California as long as such Imes or requirements are in effect and applicable, and as such laws and requirements now are,or may hereafter be changed or amended IN WITNESS WHEREOF,effective as ofthe 22°°day of U v,2013, I have tereunto set my hand and caused my official seal to be affixed this 22"`t day of May,2013. ' 4�r il4 Dave Jones Insurance Commissioner •i By Valerie J.Sarfaty for Nettie Hoge Chief Depury NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificateof Authority.Failure to do so will be a violation of Insurance Code section 701 and will begrounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. City of Huntington Beach r... x 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov r e - Office of the City Clerk 17,1909 Robin Estanislau, City Clerk July 14, 2022 Environmental Construction, Inc. 21550 Oxnard Street, Suite 1060 Woodland Hills, CA 91367 RE: Central Library Fountain Restoration —CC No. 1630 Enclosed please find your original bid bond for CC No. 1630. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Nante,legal stalux and addrers) (Majite,legal slrrltts ratd principal place t f hurirmess) Environmental Construction, Inc. Vigilant Insurance Company 21550 Oxnard Street, Suite 1060 202E Hall's Mill Road This document has important Woodland Hills, CA 91367 Whitehouse Station, NJ 08889 legal consequences.Consultation Mailing Address for Notices with an attorney is encouraged 555 South Flower Street, Third Floor with respect to its completion or OWNER: modification. Los Angeles, CA 90071 (Xanme,legal statmts and addr=) Any singular reference to City of Huntington Beach Contractor,Surety,Owner or 2000 Main Street other party shall be considered plural where applicable. Huntington Beach, CA 92648 BOND AMOUNT: 10% Ten Percent of Amount Bid PROJECT: (Saute,location or address and Project number,if anti} Central Library Fountain Restoration, CC No. 1630 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the ternis of such bid,and eives such bond or bonds as may be specified in the bidding or Contract documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the 0%vuer,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof•.or(2)pays to the Owner the difference,not to exceed the aniount of this Bond,between the aniount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to peribnn the work covered by said bid,then this obligation shall he null and void,otherwise to remain in full force and ellect.The Surety hereby actives any notice ofan agreement between the Ouster and Conlractor to extend the lime in which the Owner may accept the bid.Alaiverol'nolice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the tine!br acceptance ol'bids specified in the bid documents;and the 0a7ier and Contractor shall obtain the Surety's consent Ibr an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the torn Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. When this Bond has been lumished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deenied deleted herelrom and provisions conlorining to such statutory or other legal requirement shall be deenied incorporated herein.When so lumished,the intent is that this Bond shall be construed as u statutory bond and not as a common law bond. Sip-nod and scaled this 20th day of January, 2022. Environmental Constructs , Inc. ) (Principal) (Seal) (Jf7umess) '� B : (milk) Vigilant Insurance Company (,Stoti/}) (Witness) Kim Luu BY: (r(fle) elg c onougqAtAorneyq- ac S•0054/AS 8110 00 v/ �hr�G rrrp�� iviYt/ ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif mia County of /�, On ��t 2 before me, ��R� � 4 �j✓a Z49e-J �+ (� (insert name and titre of the officer personally appeared �,q/�i,,/ o zeiz who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my ALAN SAfAEI Notary Public-California Los Angeles County isCommission#2356157 Comm.Expires Apr 30.2025 Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On JAN' 2 0 ZOZZ before me, Heather Rose Saltarelli, Notary Public Date Here Insert Name and Title of the Officer personally appeared Leigh McDonough Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HEATHER ROSE SALTARELLI *`= Notary P blic-Cagoroia Oracge County jCommission;2248219 Signature My k�k Comm. Expires Jul 27, 2022 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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) Signer's Name: Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — i_: Limited I General Individual ix Attorney in Fact Individual Attorney in Fact Trustee (. Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association-www.NationalNotary.org- 1-800-US NOTARY(1-800-876-6827) Item#5907 I®{ 1, E—L Lj ED, Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations ofthe Commonwealth of Pennsylvania, do each hereby constitute and appoint Rhonda C. Abel, Jeri Apodaca, Reece Joel Diaz, Kim Luu, Leigh McDonough, Michael D. Parizino, Rachelle Rheault, Heather Saltarelli and James A.Schaller of Newport Beach,California----------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY �have �each executed and attested these presents and affixed their corporate seals f o�nn this 13th day of January,2021. Dawn \I.t:il I.Secretary Stephen\I.I l:uxey,Vicc 11residcnt y STATE OF NEW JERSEY County of Hunterdon Ss. On this 13th day of January,2021 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney,being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal a fCATHERINE J.AOELJIAR NOTARY PUBLIC OF NEW JERSEY No.2316685 Commission Expires July 16,2024 Noiary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf ofthe Company,of bonds,undertakings,recognizances,contracts and other written commitments ofthe Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact ofthe Company Is hereby authorized to execute any Written Commitmentfor and on behalf ofthe Company,under the seal ofthe Company or otherwise, to the extentthat such action is authorized by the grant of powers provided for In such person's written appointment as such attorney-in-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf ofthe Company,to appoint in writing any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalfofthe Company,under the seal ofthe Company or otherwise,such Written Commitments ofthe Company as may be specified in such written appointment which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized,for and on behalf ofthe Company,to delegate in writing to any other officer ofthe Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments ofthe Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. IS) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal ofthe Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies')d0 hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (h) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this January 20, 2022 O •� '� Daum\I.Chlt)rin.Assi;t:int Sccretary' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(90_Q)903-3656 a-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) ND J Sec6cI fir nfif�. l �i ���r^y ��r���� �'es fi i c •� � r A�� � J c h n �!f l c� b`n . 5b Vrxmd Sfi., Sre u� ( b, Wrodland t�s� ql �b� Icon , City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk July 14, 2022 California Commercial Pools, Inc. 2255 Auto Centre Drive Glendora, CA 91740 RE: Central Library Fountain Restoration —CC No. 1630 Enclosed please find your original bid bond for CC No. 1630. Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand ARCH INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, California Commercial Pools,Inc., as Principal, and the ARCH INSURANCE COMPANY,a corporation organized and existing under the laws of the State of MISSOURI, and authorized to do business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach as Obligee,in the sum of 10%of the total amount bid(or not to exceed ten percent(10%)of the total bid amount($--------) DOLLARS,whichever is lesser), lawful money of the United States of America,to the payment of which sum well and truly to be made,the Principal and Surety bind themselves,and each of their heirs, executors,administrators,successors and assigns,jointly and severally by these presents. The condition of this obligation is such,that, if the Obligee shall make any award to the Principal for: Central Library Fountain Restoration Bid Date :January 27,2022 According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof,with the ARCH INSURANCE COMPANY,as Surety or with other Surety or Sureties approved by the Obligee;or if the Principal shall,in case of failure so to do,pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be null and void;otherwise it shall be and remain in full force and effect. This bond is subject to the terms and conditions attached hereto and made a part hereof. SIGNED,SEALED,DATED:January 24,2022 `•••`�`�RCIq ��'�., California Commercial Pools,Inc. p:•�QpRATF'••:00'� prance Company (Principal) V:•Vo Z (Surety) Q; N Z: By: - O': 19$ Q,••.n St hanie Fish ,Attorney In Fact ''Io,,,����N N•`. DIRECT CORRESPONDENCE TO: ARCH INSURANCE COMPANY,865 S.Figueroa St.,#2700, Los Angeles,CA 90017 PHONE(213)283-3500•FAX(213)283-2075 AIC 0000351630 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note,Loan,Letter of Credit,Currency Rate,Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Julia B.Bales,Kenneth A.Coate,Renae N.Balderas and Stephanie D.Fisher of Riverside,CA(EACH) its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds,undertakings,recognizances and other surety obligations,in the penal sum not exceeding Ninety Million Dollars($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said 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 administrative office in Jersey City,New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10,2020,true and accurate copies of whicb are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board,the President, or the Executive Vice President, or any Senior Vice President,of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company,and attach the seal of the Company thereto,bonds,undertakings,recognizances and other surety obligations obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 10,2020: VOTED,That the signature of the Chairman of the Board,the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10,2020, and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 10`h day of September,2021. �rg� Attested and Certified Arch Insurance Company ft7MnTE We4t,-� �� Regan.Shulman,Secretary Stephen C.Ruschak,Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS MIS�O#II� I,Michele Tripodi,a Notary Public,do hereby certify that Regan A.Shulman and Stephen C.Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. QomUllaPknn�fw.ila•r�oFwYSaa► , ' r .waltz . rF 1bk Phpede1p61aaolaY Mich le Aipodi,Notar ublic ColTtntblte�Ib AyCaerniWAAMYni! t�It3F.2G25 My commission expires 07/31/2025 *!r Ff6Q6t2 CERTIFICATION I,Regan A.Shulman,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated September 10,2021 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said Stephen C.Ruschak,who executed the Power of Attorney as Executive Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company.IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on thi524thh 'day of January, 2022 � •�� Re A.Shulman,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:'` Arch Insurance—Surety Division ppKPC1MATE 3 Parkway,Suite 1500 Philadelphia,PA 19102 X 19 Wood To verify the authenticity of this Power of Attorney,please contact Arch Insurance Company at SuretyAuthentic@archinsurance.com Please refer to the above named Attorney-in-Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. i i i CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of Riverside 1 On JAN 2 4 2022 before me, Karina J.Alvarado, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie D. Fisher Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons}whose names}is/atesubscribed to the within instrument and acknowledged to me that he/she/they executed the same in+-tis/her/tlie+f- authorized capacity0es), and that by#is/herAl eir-signature(s)on the instrument the person(sb or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K A R I N A J. ALVARADO WITNESS my hand and official seal. COMM. #22b t741 :, NOTARY PUBLIC-CALIFORNIA m y' + RIVERSIDE COUNTY My Comm.Expires Sept.10,2022 �� Signature ,4 Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Numberof Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On January 26, 2022 before me, H. Palumbo, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Jason Jackson Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( gate subscribed to the within instrument and acknowledged to me that she/they executed the same in 4 (her/their authorized capacity(tas),and that by(IffVher/their signature(s)on the instrument the person(s), or the entity_upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �`°' H. PALUMBO �'s COMM.#2299043 rn Signature I ��B NOTARY PUBUC•CAUFORNU U) g a ure of Notary Public COUNTY OF LOS ANGEU S G+emo MY CANN.UP.JULY 21,2 1,2023. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: a6d Rnnd-central Library Fountain Document Date: 01/24/2022 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Jason Jackson Signer's Name: ®Corporate Officer — Title(s): Vorp PrpSlriant ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attomey in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 _ _ I Express ��e ORIGIN ID:RBFA (909)394-1280 SHIP DATE:26JAN22 BRETT SMITH ACTWGT:0.50 LB m OF_ CALIFORNIA COMMERICAL POOLS CAD:5486250]INET4460 2255 E AUTO CENTRE DR e-+ GLENDORA,CA 91740 BILL SENDER -'I UNITED STATES US � ���� To ATTN: JOHN MARTIN/PUBLIC WORKS CD CITY OF HUNTINGTON BEACH w 2000 MAIN STREETco Ln —C � C HUNTINGTON BEACH CA 92648 tCD CD (909)394-1280 REF: INV: m P0: DEPT: m J NN I II Y ti FecFz3 Express o.. � FE e I I I L ca X w LL THU - 27 JAN 10:30A TRK# PRIORITY OVERNIGHT 0201 7758 8127 0932 92648 WZ APVA CA-US SNA M N N co N a to o { Z •CE N 11 O Q O N In 03 �,V Aa dR 4 ci O O o CC P. Qa Oily Q r 7a r v' Pab ca ze ! W y = O 1 M M Z1^n M O � i N p m r"4 M m acc a per N 0C N U W 01 c Co N W cc v Q u' N 7 C 0 I.- Ln LL. LL 3 0 Q OQC eNirq Z O i C Q Ln Z M Z co Z = m Z NW G1 W u O J O N MLPI W U H Z V u U d J Z F I G G W o 0 0 3 0 a a 0 m SECTION C PROPOSAL for the construction of CENTRAL LIBRARY FOUNTAIN RESTORATION CC No. 1630 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic Bids,the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor,material,equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach.The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 176 working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. ba Oh ' If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find Bidders Bond for 10% in the amount of$175,300.00 which said amount is not less than 10%of the aggregate of the total bid price,as required by the Notice Inviting Sealed OR ELECTRONIC Bids,payable to the AGENCY. (Please insert the words"Cash", "Certified Check",or"Bidder'sBond for % ", as the case may be)Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: en a o. Date Received B=ls"Signature C-2 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1630 BID ITEMS ,ftln-, c, 1 Mobilization 1 LS $175,000.00 $ 175,000.00 2 Hazardous Material Abatement Demolition and Haul off-NW and SE Fountains 1 LS $365,000.00 $ 365,000.00 3 Fountain Concrete-NW Fountain 1 LS $45,000.00 $ 45,000.00 4 Fountain Concrete Stem Walls and Coping—Upper NW Fountain Basin#2 1 LS $ 32,000.00 $ 32,000.00 5 Fountain Waterproofing-NW Fountain I LS $35,000.00 $ 35,000.00 6 Fountain Underground Piping-NW Fountain I LS $35,000.00 $ 35,000.00 7 Fountain Underwater LED Lighting and Conduits-NW Fountain 1 LS $ 15,000-00 $ 13,000-00 8 Fountain Jet Rings-NW Fountain 4 EA $ 6,500.00 $ 26,000.00 9 Clean and reinstall Fountain Nozzles—NW Fountain 1 LS $ 28,000.00 $ 28,000.00 10 Fountain Water Level Control System-NW Fountain 1 LS $35,000.00 $ 35,000.00 11 Fountain Booster Pump NW-Fountain 1 LS $45,000.00 $ 45,000.00 12 Clean out and Repair Existing Suction Sump—NW Fountain 1 LS $18,000-()() $ 18,000,00 13 Fountain Concrete-SE Fountain 1 LS $165,000.00 $ 165,000,00 14 Fountain Waterproofing—SE Fountain 1 LS $ 110,000.00 $ 110,0()().00 15 Fountain Underground Piping—SE Fountain I LS $75,000.00 $ 75,000.00 16 12'X 12"Diverter Sump&Grate—SE Fountain 2 EA $ 16,000.00 $ 32,000.00 17 18"X36"Main Drain—SE Fountain 2 EA $6,000.00 $ 12,000.00 is Fountain Underwater LED Lighting and Conduits—SE I LS $ 18,000.00 $ 18,000.00 Fountain 19 Clean and Reinstall Fountain Nozzles—SE Fountain 9 EA $2,000.00 $ I8,000.0o 20 Fountain Water Level Control System—SE Fountain 1 LS $42,000.00 $ 42,000,00 1 21 Fountain Control Valves for NW and SE Fountains I LS $18,000.()() $ 18,000-00 22 Fountain Mechanical Filtration System for NW and SE 1 LS $ 35,000.00 $ 35,000.00 Fountains I C-2.1 SECTION C PROJECT BID SCHEDULE A CENTRAL LIBRARY FOUNTAIN RESTORATION CC1b30 *'3f' 1 W�• sp'v 3 YYIiuy"p'y Y3 bst/...y ft .fir y. Vd "%eyhfs'fr.=k411"ii MO. i :%r 23 Fountain Circulation and Filter Pump for NW and SE 1 LS Fountains $ 42,000.00 $ 42,000.00 24 Fountain Control Systems for NW and SE Fountains 1 LS $32,000.00 $ 32,000.00 25 Fountain Electrical and Mechanical Systems for NW and SE 1 LS Fountains $75,000.00 $ 75,000.00 26 Fountain Water Quality Equipment for NW and SE Fountains 1 LS $95,000.00 $ 95,000.00 27 Mechanical Equipment Building at SE Fountain 1 LS $110,0oo.00 $ 110,000.00 28 Electrical Service Connection for Mechanical Equipment 1 Ls Building $15,000.00 $ 15,000.00 29 New Landscaping and Irrigation-SE Fountain 1 LS $5,000.00 $ 5,000.00 TOTAL BID AMOUNT(BASIS OF AWARD)—SCHEDULE A $ 1,753,000.00 TOTAL BID AMOUNT IN WORDS: One Million Seven Hundred Fifty Three Thousand Dollars and Zero Cents Note: All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension,the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done b such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of item(s) Subcontractor License Registration# Amount Contract Number Integrated Demolition& 1003504 C-22 1000023608 $302,000.00 17% 2 Remediation Inc. 8/10/11/12/1 California Commercial Pools 4/16/17/19/ 415172 C-53 1000001406 $650,000.00 37% 20/21/23124/ 26 Premier West Landscape 29 997583 C_27 1000044351 515,000.00 1% o� 25 28 PM Professional 959668 C-10 1000004512 $80,000.00 5.m By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 112&2022 ,at Orange `, CA Date City State Keivan Shirali ,being first duly sworn,deposes and says that he or she is C.E.O. of Klassic Engineering&Construction 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. Keivan Shirali(Klassic Engine Construction Inc.) Name of Bidder Signature of Bidder 250 S.Tustin Street Orange,CA 92866 Address of Bidder C4 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 CENTRAL LIBRARY FOUNTAIN RESTORATION, (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. Klassic Engineering&Construction Inc. Contractor Keivan Shirali By C.E.O. Title Date: 1/26/2022 C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,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? 0 Yes M No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal,and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Klassic Engineering&Construction Inc. Contractor Keivan Shirali By C.E.O. Title Date. 1/26/2022 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Klassic Engineering&Construction Inc. Bidder Name 250 South Tustin Street Business Address Orange CA 92866 City, State Zip ( 714 )369-8389 Bids@Keeigroup.com Telephone Number Email Address 759241-AB/C-36 State Contractor's License No. and Class 2/18/1999 Original Date Issued 2/28/2023 Expiration Date The work site was inspected by Keivan Shirali of our office on January 19th ,2022 The following are persons, firms,and corporations having a principal interest in this proposal: 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. Klassic Engineering&C tion Inc. Compa Name-,- Signature of Bidder Keivan Shirali Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this Zb day of Jc 4-t i ,202_. k A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State ofG3�l �r }`+y ) County of 0,(-,1 } On*„lam q y 41`4 before me, C tiw C Month,bay,and Year � R serf Name and Ti'le of Notary personally appeared of Signe s) who proved to me on the basis of satisfactory evidence to be the person( whose nae(4'is/� subscribed to the within instrument and acknowledged to me that he/sKe/t rnexecuted the same in his/h0`r/tpAir authorized capacity(iK and that by his/V eir signatureWon the instrument the persol?6S ,or the entity upon behalf of which the person cted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �.,� ,� C.JAYASEKERA Notary Public-California - Orange County Commission N 2320781 "'� My Comm.Expires Feb 8,2024 Signature if Signature tary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project,the bidder shall provide project history demonstrating that the water feature contractor has engaged in the construction of commercial public-use water features. The contractor and subcontractor must have,in the last five years,constructed at least five(5)commercially designed municipal and public-use water features,each of which shall have incorporated a minimum of 1000 square feet of surface area with a self-modulating balance tank. The following list of projects meet the requirements of above: 1 Orange Public Library 407 E.Chapman Avenue Orange,CA 92866 Name and Address of Reference Name and Telephone No.of Project Manager: Kianoush Shirazi-714.240.3714 $1.8 Million New Fountain and Restoration of Existing Fountain 3/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Existing Fountain Restoration of Liner and Pump with new Fountain Base and replacement of base of fountain 2. Mt.SAC-Humanities Building 1100 N. Grand Avenue Walnut,CA 91789 Name and Address of Reference Name and Telephone No.of Project Manager: Andrew Venstrom-714.458.8551 $2.5 Million New.Drinking Fountains and Fountain Restoration.Project 6/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: New Drinking Fountains and Artistic Fountain for Humanities Building and restoration of existing Psychology Department Fountain 3 Alondra Park 3850 Manhattan Beach Blvd. Lawndale, CA 90260 Name and Address of Reference Name and Telephone No. of Project Manager: Fred Thompson-714-914-8266 $2.5 Million New Splash Pad and water play area for Public w/Swimming Pool 5/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: New Splash Pad for Public with multiple water features and pump room for Splash Pad C-10 4. Eliot Arts Magnet School-2184 Lake Avenue Altadena, CA 91001 Name and Address of Reference Name and Telephone No.of Project Manager: Carl Johanssen-657-205-9832 $2.3 Million Restoration of existing fountain 2/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similarwork: Restoration of existing fountain at entrance to school 5. El Modena High School Pump Room 3920 E. Spring Street Orange, CA 92869 Name and Address of Reference Name and Telephone No. of Project Manager: Farshad Abdou 310-901-8564 $1.3 Million Swimming Pool and Pump Room Restoration 5/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Restoration of Pump system and Swimming Pool and Building of new pump room C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. l, Alexander Shirali Name of proposed Project Manager 714-386-6049 Telephone No. of proposed Project Manager MT. SAC-$2.5 Million-Humanities Building-Drinking Fountain and Fountain Renovation Project 6/2020 Name&Contract Amount Type of Work Date Completed Alondra Park-$2.5 Million Skate Park and Splash Pad-New Building 5/2018 Project Name&Contract Amount Type of Work Date Completed Orange Public Library-$1.8 million New Fountain 3/2020 Project Name &Contract Amount Type of Work Date Completed 2 Keivan Shirali Name of proposed Superintendent 714-369-8389 EXT. 1001 Telephone No. of proposed Superintendent MT. SAC -$2.5 Million-Humanities Building-Drinking Fountain and Fountain Renovation Project 6/2020 Project Name&Contract Amount Type of Work Date Completed Alondra Park-$2.5 Million Skate Park and Splash Pad-New Building 5/2018 Project Name &Contract Amount Type of Work Date Completed Orange Public Library-$1.8 million New Fountain 3/2020 Project Name&Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS(DIR) CERTIFICATE Pursuant to SB 854(citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is$300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call(844)522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrafonForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Klassic Engineering&Construction Inc. Contractor Keivan Shirali By Bids@Kecigroup.com Email C.E.O. Title Date: 1/26/2022 PWC Registration#: 1000014420 C-13 ° AIA Document A101m 2010 Bid Band CONTRACTOR: SURETY: r:lante. legal status mnc!mlclrvt ss) /;l'a me, les,(71 str7 as eared po icfperl plo r: Klas is Nngineering and Construction Inc. gfbllsinea-s.+) 230 S.'Dustin Street Cxreat Midwest Insurance Company Orange,CA 92866 This document has important legal 800 C;iessner Rd.,Suite 600 consequences.Consultation with Houston 1"X 77024 OWNER: an attorney is encouraged with r,Vw e, lev al t atus and respect to its completion or City of Huntington Beach-Department of Pudic Work modification 2000 Main Street Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT. TES;PERCENT(f 0%)of the Total Aniount Bic] other party shall be considered plural where app4cabie. PROJECT: Central Library Foundation Resotration-CC.No 1,630 rXcame, localton or address, wheel f'rgject number,ij'rrrat'i Project Number. if ant The Contractor trod Surcl� are botaid to the Ox tte;r in the amount set forth above, for the pat€ttc at of«hick file Contractor and Surct.v bind t1licnisch—cs.their heirs.executors,administrators.successors and assigns,jointly and severaaliv,as provided herein.'l k conditions of this Bond are such that if the Owner accepts the bid of the Contractor cc ithin file tirtrc specified in tits;bid doctinterats,or within such tinge period as may be agreed to by file Gilmer and Coutratctor,and the Contractor finger(1)enters into a contract ct ith tilt Chc it;r ill accordance:U ith the teens of such bid.and gives such band or bonds as rnay be specified in fix;bidding or Contract Documents,tt ith a surcn admitted in tlx:jurisdiction of the Project and otlicnvise acceptable to the Chc ner.for the faititful performance of such Contract and for the prompt paty incrit of labor and material furnished ill the prosecution thereof.or(2)pays to the:Gcc tier the difference;,not to exceed the antount of this Borul,bctuecla the amount specified in said bid and such larger alllount for which tine Owner may in good faith contract with another part} to perlonn the-work covered by ti said bid, then this obligation sliatll be null and void.othcnc ise to rcitaain in full force aind effect,The:Surely hcrbbN ctaic cs anc notice of an agreement bet"ee n the O\N ner and Contractor to extend the tine in a hich the Chi ncr maN accept file bid.Waiver of notice bs the Surd) shall not apply to an4 exteiasiou exceeding si..tc (60)daat s in the aWcgatc bet and the tints:for acceptatrtce of bids specilted in the bid documents.and the file ner arad Contractor shall obtain the Srareit's consent for all extension bcy and sixty, ((t))dad s. If this Bond is issued in connection cc ith a subcontractor's bid to a Contractor, flu:tart►Contractor in this Bond shall be decrncd to be Subcontractor and the tenet 0-wner shall be deemed to be Contractor, When this Bond has been furnished to conaph cs ith a statutory or other legal requirement in the location of the Projc feet. ant provision in this Bond conflicting itith said statutot} or legal requirenient shall be devnled deleted herefrom and pro%isions confornrilrg to such statutor\ or other legal requirement Shaul be deemed incorporated herein.When so furnished,file intent is that dais Bond shall be:construed as a slaatutor\ hoed and not as a coinnion lace bond. Sigrx;d aaild scatted this 26th dal} of January,2022 Kiassic Engineering and Construction Inc. Pfl"itra .tst ...... . (Principal, rS%crlr _...... ..... 17 tle Great Midwest Insurance Company t,Sirr, dlt ryrypggqq ti cafl €It r no'l f esias,Witness 2 6 2022 . Edward tV. Hackett,At,�r;rney rn-FactT AIA Document A310""—2010.Copyright t 0'1963,1g70 and 2€rr1{r by The American Inxtitutu or Architeeir All rights reserved. .........._........... CALIFORNIA ALL-PURPOSV :I/total'}"hTuNic or other officer comph.,ting this certiJicale verified oftty the itlerttity of the:imhvidual ivho sit;rn:d ! rtai>:of t_,llii(ii"Ilhl the iloelma,111 to i-(hich this certiticate is ttma-lieri,and not the trwhfuh le,-.accurat,.v, or yrlithiv o/"thatdc>cumerat. Coalty Orange_ JAN 2 6 1012 t 011 K�folv 111C, C. Maestri Notary Public fX,- 011 111" appc w. "(1 Edward N, Hackett 4f:10 P1111.'(l it) IA'., oil IhiG ha"'i" (}i'4,16,41.jclory 0i"}th:11cc to 1v thQ p"'t' UlliHi t\'ilt,t'i tl'clte efl, is ttt'i'stlh�i:t'ik'd to 111c.' Nvidlt#) 1#1 tlillmint 'c1}}dl aC1; 11ovv1 dLi:tl to tile that ii# ^±}��� h'� :.x t 1,lttc� th1 'ame ill aittl 4iAtli 17y ltStt3t`6 12t'f3=til P12111ii4(^t}oTI till tll>t?`t�tTld'CTE the fh:I"it}844 oi`t;ie siltM-, Lipol i beh,,T o 5s i71d i tl}� O,'1'titill s�:ltutc.il.executed tilt itlsintillent. 1 «r tif`v tmd,-,=llf"NAL.t'Y OF NERJl.IRY under thaw ofthe State(it tEijlt1�)tVtrc)it7����at�t1,t.i��t�all i� tr�tc a}lei Con-ect. C 9- WITNESS 1115' hand and official seal. k S P E ADDITIONAL OPTIONAL [`tiFOR'ot.•1"t it)\ I S1 R('t i"IONS t OR COMI PIT 11N(i 1-111 1�'t°OW I I I'S d.R1V HdYN t)1" 1111, A I"I'A CI II�1>1X) twrN(EN C ?4 ,,,ec, " W, Ppq r Klassic Engineering Bid Bend It i rt C ,r lrwi;x`(i Y 6711 �ji��1tl��{ 2 V 20 2 `.,:;. .et.xt t�nttt i., tt rates>,(.. tt tiaat..,ir.d 1,} s :,,,i': 3 �1. 1 U;i'itx'^f !}air.a¢at verse. A II ttiI t, "'i nc t; t ill ..a„ I pa_i mW" ;i.%ttr s}t i_ Id mo irk -,._ist fir€nt hc;ut#a•:r n;t, ,,r,i 4't,at<4ci(liui tit:<si 1.ci �.... 6..?ii71i41=tivit[t i else t:`r a"'t,itlij.k ,14H,fl lf;,.Y "UNIVI)DY T1If SIGNE:I, si to }t- t i .7,;r ,in .ii r i Itpt 4 n Cilulo til 4 ! 5! t litalEti t it iI#�} 1 f i#-te to ur� i na h-u tt,i. �na i4taas }�u,1t+r f4 n ,i !s nr��ti ie� !ta #._t1Pt>t.7t1(� C)ttl st` 11i, n iir4 ,_a, iraq>ra4.,+en Y➢i=ti �:Sr .ii.d �.;isicitaa Mill,11,11 C1110Y t Ct of ds r (Et .SS � t '.I f •.,'?l V,i ^• 1'%ii'Tti'.f( j '�t r:,to"c.at r} sa,qa€r; j tl i,,t:-,t 33lxdi 11,z ,.si,.aos on W:is it,'the ott „e.• pir t r J,,t r�ltta`s4i F'-Fil Factca AsSctana i si a;)r sa cn :* not i ,;.ia e.ci i.ti. a t§ li i en-..rw t',i€• `..• (#ii}.`i1K:is-t � :ks, �risxx # it�i f .t, £iti'v,ed of A5.idt1,to e di.".',w A be'.r j ll"kW. Cs; Imli;.-ats t ua_a3F CL .,a1-t Li9t<:c}e,.aacstt �i9a.t4ittti#K t :1 drLs a.t1111c.t' 1 r� F c>e fc sTlEv"t,i:k:E3t�;C ttn ctlt„it-L.(}"t;"E its �+»i�4it+:1) a z.,L t};;s alectttttcttt R>tha'�. ,xel�.ra�sra=,��at .sit,,V wii d_PA POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation,with its principal officel .in Houston, TX does hereby constitute and appoint: i Ed Hackett, Sean McCauley, Jr., Claudia Nunez, Ben Farley, Sam Duckett, Christine Maestas !its true and lawful Attorneys}-In-Fact to make. execute. seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST ,INSURANCE COMPANY.on the 1`'day of October,2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or !other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or otherl writings obligatory in nature of a bond not to exceed Ten Million dollars($10,000,000.00),which the Company might execute through its duly elected! .officers, and affix the seal of the Company thereto, Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the !iCompany as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Aftorney-in-Fact,so appointed, may be removed in the Companys sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved.that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any h ealed ,and and binding on the certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company,Any such power so executed and s iCompany. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its !Corporate Seal to be affixed this I Ith day of February,2021, GREAT MIDWEST INSURANCE COMPANY ;0APOAATIR SEAL BY Mark W. Haushill Al + President ACKNOWLEDGEMENT On this 11 th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworri, did depose and �say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument'. that he executed said instrument on behalf of the corporation by authority of his office Linder the By-laws of said corporation. CHRISTINA BISHOP Votary Public,State of Taxes BY Comm,Expires D4-14-2025 Christina Bishop Notary ID 131090488 Notary Public CERTIFICATE 1,the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions ,as set forth are now in force. ;Signed and Sealed at Houston,TX this 26th Day of January 20 22 cofiPoRATS SEAL BY Leslie K. Shaunty_,-�V Secretaryc_____�, 1"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person,files and application for insurance Of claim ;containing any materially false information, or conceals for thip purpose of miaWading, information concerning any fact material thereto, Commits a fraudulent insurance act,which is a crime and subjects such person-to icrim;nP4 and civil penalties. ........... No. 6780-2 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FP-XNCISC0 Amended Certificate of Authority THIS IS TO CERTIFY,That,pursuant to the Insurance Code of the State of California.. Great Midwest Insurance Company of Texas,, organized under the laws of Texas,subject to its Articles of Incorporation or other fundamental organizational documents,is hereby authorized to transact within this State,subject to all provisions oJ*this Certificate, the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability, Workers'Compensation,Common Carrier Liability,Boiler and Machinery, Burglary,Credit,Sprinkler,Team and Vehicle,Automobile,and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of'the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation o any,of the applicable laws and lawful requirements made If under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are,or may hereafter be changed or amended rN WITNESS WHEREOF,effective as ofthe 4h day ofA ugust,2015, 1 have hereunto set my hand and caused my official seat to be affixed this 4"'day ofA ugust, 2015. Dave.loner lrsurancL Commiss;oner �4 By Valerie Sarlaty fiur.,Vetrie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.