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Tharsos, Inc. - 2022-06-07
RECEIVED BY: CITY CLERK RECEIPT COPY Jh , Return DUPLICATE to U/p� t �J1t - City Clerk's Office (Name) after signing/dating 12ll1 ) (Date) en CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 12-j - 12 SUBJECT: Bond Acceptance I have received the bonds forarst--v +ne . (company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. n`lc Warranty or Maintenance Bond No. C. 1 IP�1 QOL)5I TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved &1 (Council Approval/Date) CC No. 18V Agenda Item No. 22' L/55 MSC No. City Clerk Vault No. _ VOD.. SO Other No. SIRE System ID No. SF Le(40 I It" g:/forms/bond transmittal to treasurer eD CITY OF HUNTINGTON BEACH fie &4• INTERDEPARTMENTAL COMMUNICATION DATE: 12/4/2023 TO: THOSE LISTED HEREON FROM: Rafael Suarez, Capital Projects Administrator SUBJECT: Retention Release Payment - PO#28671 OJ Supplier#76832 Co.#211 Storm Water Pump Station Forebay Improvements, Project#CC-1686 Contractor's Name: Tharsos Inc Address: 7839 University Ave,#210 City, State and Zip Code: La Mesa, CA 91942-0476 Phone Number: 619-464-1261 City Business License Number: A312975 Notice of Completion (Date by City Clerk): 10/31/2023 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file. D to Cha u, D' or of Public Works I certify that there are no outstanding invoices on file. Date Joy ' Zacks, Deputy City Treasurer I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. Date Robin Estanislau, City Clerk /2/'/8 a �„7 � Attachments �"' 1. Notice of Completion 2. Maintenance Bond 3. Certificate of Compliance with Prevailing Wage Laws 4. Contractor's Certificate 5. Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company • PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder 110 �� ��� ��� I 1II I II IIIIi IiIOII NO FEE WHEN RECORDED MAIL TO: * $ R 0 0 1 4 6 3 0 3 5 3 $ * 20230002657919:28 am 10131/23 CITY OF HUNTINGTON BEACH 9 NC-5 N12 1 PUBLIC WORKS DEPARTMENT 0.00.0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 • • Attn:John Martin P.O.Box 190-2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ON_ONLY TITLE OF DOCUMENT • NOTICE OF COMPLETION • NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to Thames Inc,who was the company thereon for doing the following work to-wit: Storm Water Pump Station Forebay improvements,Project#CC-1686 That said work was completed 10/13/2023 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 10/13/2023,per City • Council Resolution No.2003-70 adopted October 6,2003. That upon said contract,Argonaut Insurance Company,was surety.for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Goyemment Code Section 27383 and should be recorded free of charge. 47*..0 10,2j2:i Direc or of Public Works or City Engineer Da.e City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: • • City of Huntington Beach I,the undersigned,say:I am an Agent of the.City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof,the same is true of thy knowledge. I declare under penalty of perjury that the foregoing Is true and correct,and that said NOTICE OF COMPLETION was duly and • regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document Is solely the official business of t /p/ /2 the City of Huntington Beach,as contemplated 1l / 1 under Government code section 27383 and � e for of Public Wo s or City Engineer Date • should be recorded free of charge. City of Huntington Beach,California • THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Bond Number.CMGP00005881 Premium Included In Performance Bond • MAINTENANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: That Tharsos,Inc. (contractors name) 7839 University Avenue,Suite 210.La Mesa.CA 91942 (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: Argonaut Insurance Company (surety's name) • clo AmTrust,800 Superior Avenue E.,21st Floor,Cleveland,OH 44114 • (surety's street address,city and state and zip code) a corporation organized and existing under the laws of the State_of Illinois with its principal office in the City of San Antonio,TX as Surety(hereinafter called Surety),are held firmly bound unto CITY OF. HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of Seven Hundred TwentySLn Thousand Six Hundred Eighty-Nine andNd100fhs Dollars ($ 726,689.00- ), equivalent to the entire • contract amount including all orders, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents, • WHEREAS,Surety is a duly admitted surety insurer under the laws of the State of California;and Surety is certified and listed in the U.S.Department of the Treasury Circular 570,and able to provide proof of bonding • limitation shown in said circular is sufficient 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,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;and Contractor has by written agreement dated June 7 2a2,entered into a contract with Owner for the Storm Water Pump Station Forebay Improvements,CC-1686 • in accordance with drawings and specifications prepared by which contract is by reference made a part hereof(hereinafter referred to as the Contract);and • The Contract provides that the principal will guarantee, for a period of one year,the work performed as part of the Contract from and against all defects in materials and workmanship;and • The Contract also provides that the Contractor shall secure Contractors obligations during the one-year period with a bond executed by a surety duly admitted in the state of California;and The Contract has been completed,and the Owner, Contractor and Surety agree that the commencement date for this • Guarantee and Bond shall be October 13 ,2023, • NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Contractor shall, for a period of one year from and after the date of completion and acceptance of the Contract by Owner, repair and/or replace any and all defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void;otherwise it will remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Surety shall,within thirty (30) days following Owner's written notice of default, either: (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions. Surety shall save the Owner harmless from any claims,judgments, liens or losses arising from the Surety's failure to • either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. • 15-4584/118138 1 • Whenever the Principal shall be, and declared by the Owner to be in default under the Contract,which shall include without limitation, any breach or default of the Contract,then, after written notice from the Owner to the Surety, as provided for below,the Surety shall either: (a)remedy the default or breach by the Principal;or(b)shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal,at its own expense, and make available as work progresses sufficient funds to pay the cost of completion less the unpaid balance of the Contract including other costs and damages for which the surety may be liable hereunder, provided,however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the Owner. Within thirty (30) days after Surety's receipt of a written notice from Owner of the failure of performance of the Contract by the Principal, it shall be the duty of the Surety to give to the Owner a notice,in writing, of the Surety's election to (a)remedy the default(s)of the Principal promptly,or(b)arrange for performance of the Contract promptly by a contractor other than the Principal,time being of essence to this Bond. In said Notice of Election, the Surety shall state the date of commencement of its cure or remedy of the Principal's defauft(s) or its performance of the Contract. The Surety's obligations for cure or remedy, include but are not limited to: correction of defective work and completion of the Contract, additional legal, design.professional and delay costs arising from Surety's actions or failure to act; and liquidated damages (or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the Owner upon completion of the cure or remedy of the Principal's default(s)of its performance of the Contract. If the Surety does issue its Notice of Election and does not proceed to cure or remedy the Principal's default(s) of its performance of the Work within thirty(30)days after receipt of a written notice from Owner, Surety shall be deemed to be in default on this bond,and the Owner shall be entitled to enforce any remedy available to Owner. No right of action shall accrue on this bond to or for the use of any person or corporation other than the owner named herein or the successors of Owner. • • Signed and sealed this 14th day of November , 20 23 Principal Raised Corporate Seal • Tharsos;Inc. [MUST BE AFFIXED] on or e) By: Seal) Principal Raised Corporate Seal • • [MUST BE AFFIXED] / }'n ftS 61 (Title) A onaut Insurance an (Surety ) By: (Seal) • Christop r Cor nel,Attorney-In-Fact APPROVED AS RM • B • NOTES: ichael E. Ga es, City Attorney 1. Acknowledgments must be completed and returned el-4 I as part of the bond. 101 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 Bond No.: CMGP00005881 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 Ta a laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: s Gabriella Grady.Shilo Lee Losino,Stephanie Hope Shear,Elizabeth Santos.Stacey Garcia,Matthew D'R�nis' Chn-E.pher Coronel tooe Their true and lawful agent(s)and attorny(s)-in-fact,each in their separate capacity if more than one is named.1,11" • e,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:•_ '•• de .: gs in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum o: ; . $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the fo solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice F' ;._•t, ecretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by of fa "I ile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys name give.?.ower of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertak �en . : tracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its,. eal to be hereunto affixed and these presents to be signed by its duly authorized officeron the 19th day of November,2021. Argonaut Insurance Company c)igesor ___ :o -Z-N/ Z.,-.--4._ €SEAL'>:" by: r4%144\4% GI 1948 :2 STATE OF TEXAS1. ��"•110$' Gary E.Grose President COUNTY OF HARRIS SS: On this 19th day of November,20 �` .;.' me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified,came THE ABOVE a: • I COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he ackn. -1 edged 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 s • ;.c d to..e preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affix •'•. •scribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the it Board of Direct o s '. ' .`an referred to in the precedinginstrument is now in force. Y. • IN TES!: OF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. o,,,..w... 1.44., KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS . MY COMM_EXP.07/1525 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 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 14th day of November , 2023 . ".4ySURAA+e t .,. 1946 .e•S quNo.?: ..... Austin W.King, Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(833)820-9137. Y I • 1 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189 - A A notary public or other officer completing this certificate verifies only the identity ofthe 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 J} On. NOV 14 2023 before me, Kyle McCollum,Notary Public Date Here Inse Name and Title of the Officer personally appeared D/pYi shG pIIn(or Ca( dne 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 yo-����ty KYLE MCCOLLLM laws of the State of California that the foregoing W Notary Public•California , _ = Los Angeles County paragraph is true and correct. F' Commission#2453243 i•o% My Comm.Expires Jul 15,2027 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Sign 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: 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): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: a ©2019 National Notary Association Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: No. 1686 Project: Storm Water Pump Station Forebay Improvements (Trash Racks,Sump Pumps, Pit Cleaning and Ladders) at Adams,Atlanta A&B,Bolsa Chica,Newland, Meredith,and Slater Pumps Stations The undersigned contractor on the above-referenced project("Project")hereby certifies that all laborers,mechanics, apprentices,trainees,watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21 day of November , 20 23 , at La M a ,California. °./4V1 (Contractor Name) APPROVED O FO By: M., ael E. Gates t y Attorney 1 1,5 4/48/:121329 CONTRACTOR'S CERTIFICATE I, Michael Lopez , state and certify that: (Name of Declarant) 1. Tharsos Inc is the general contractor to the City of Huntington Beach("City")on Contract No. No. 1686 (the"Contract") for the construction of the public work of improvement entitled: Storm Water Pump Station Forebay Improvements (Trash Racks, Sump Pumps, Pit Cleaning and Ladders) at Adams,Atlanta A &B,Bolsa Chica,Newland,Meredith, (the"Project"). and Slater Pumps Stations 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services,materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): Last Pay Application for 182,183.43 which includes PCO work 4. Attached hereto are the lien waivers required by the Contract Documents,which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). None I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at La Mesa on this 21 day of November , 20 23 is (Signature f Decla nt) APPROVED AS ORM ------" e-",1‘ - Michae . Gates City ttorney 1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: No. 1686 Project: Storm Water Pump Station Forebay Improvements (Trash Racks, Sump Pumps, Pit Cleaning and Ladders) at Adams,Atlanta A&B, Bolsa Chica,Newland, Meredith, and Slater Pumps Stations The undersigned contractor on the above-referenced project("Project") hereby certifies that it has complied with title VII of the Civil Rights Act,the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color,religion, sex, sexual orientation, gender identity,national origin, age or disability(with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 21 day of November , 20 23 , a La , California. (Contractor Name) APPROVED By: Mic el E. Gates Ci Attorney 1 CONSENT OF SURETY OWNER TO REDUCTION IN OR ARCHITECT ❑ RELEASE OF RETAINAGE CONTRACTOR El AIA DOCUMENT G707A suREIY OTHER ❑ PROJECT: Storm Water Pump Station Forebay Improvements, CC-1686 TO OWNER OR GENERAL CONTRACTOR: ARCHITECT'S PROJECT NO. City of Huntington Beach CONTRACT FOR: Storm Water 2000 Main St CONTRACT DATE:July 18th, 2022 Huntington Beach, CA 92648 BOND NO.:CMGP00005881 In accordance with the provisions of the contract between the Owner and the Contractor as indicated above,the (here insert name and address ar Surety Compan•y) Argonaut Insurance Company c/o CMGIA, 20335 Ventura Blvd., Ste 426 Woodland Hills, CA 91364 ,SURETY, On bond of(hen:insert name and address of Contractor) Tharsos, Inc. 7839 University Avenue, Auite 210 ,CONTRACTOR, La Mesa, CA 91942 hereby approves the reduction in or release of retainage to the Contractor as follows: REDUCTION IN RETAINAGE TO 0% The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to(hcrcinsennameaodaddrasorowner) City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF. the Surety Company has hereunto set its hand this 1st day of Dece :er 20 23 Argona In.ut-nqe Come:n Surety Co FIT IEr Si: ature o .r• 'esst-s: Witness: (Seal): / Gabriella Grad ,Attorne -Fact Title AIA DOCUMENT G707A•CONSENT OF SURETY TO REDUCTION IN OR PARTIAL RELEASE OF RETAINAGE•JUNE 1971 ONE PAGE EDITION•AIA®•®1971•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NE,WASHINGTON,D.C. 20006 Bond No.: CMGP00005881 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 Areonaut 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 D.ionisio.Christopher Coronet 41111V 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 anted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "' gr "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 19th day of November,2021. litildArgonaut Insurance Company 4ctiop. S SEAL:;: by: -;d�. 1948 .'2, ve -4-.•-•-• 4\141(<1° ' •`•`.1NO:5'' GaryE.Grose President STATE OF TEXAS COUNTY OF HARRIS SS: On this 19th day of November,2021 A.D.,befo. 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_ INTESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. thlsJxti`•r n.`-YYkas.Yr., KATHLEEN M MEEKS ?' NOTARY PUBLIC STATE OF TEXAS may ` {//rv.. MY COMM.EXP 07/15125 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 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_1st day of December ,2023 . ,•���cjSURA4yc",;: .7:•4��eR9lF..C1 SEAL. . d�. 194E : ;_2, -------- /1.0 o`5''; Austin W.King Secretary 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 California County of Los Angeles On DEC 01 2U23 before me, Kyle McCollum,Notary Public Date ere Inert Name and Title of the Officer personally appeared Here 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. KYLE MCCOLLUM I certify under PENALTY OF PERJURY under the W = Notary Public-California laws of the State of California that the foregoing -14_c Los Angeles County g g •�w Commission!f 2453243 paragraph is true and correct. t s� My Comm.Expires Jul 15.2027 —.— — — — — —— — — WITNESS my hand and official seal 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: 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 Cl General ❑ Partner— 0 Limited 0 General ❑ Individual ❑ Attorney in Fact ❑ Individual 0 Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: 02019 National Notary Association RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name)' after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 1 Z41'I23 SUBJECT: Bond Acceptance I have received the bonds for I ► 1QY$6-v I n1 L (company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond(Labor and Materials) Bond No. Warranty or Maintenance Bond No. CIA6 P00005g8 j TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved /2i (Council Approval Date) CC No. 11,5140 No. 2-2f MSC No. City Clerk Vault No. -IMU,SO v Other No. SIRE System ID No. n 1 IT g:/forms/bond transmittal to treasurer • • PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder II III I llllO liii Dliii II NO FEE WHEN RECORDED MAIL TO: * $ R 0 0 1 4 6 3 0 3 5 3 $ * 20230002657919:28 am 10/31/23 CITY OF HUNTINGTON BEACH • 9 NC-5 N12 1 PUBLIC WORKS DEPARTMENT• Attn:John Martin 0.00 0:00 0.00 0.00 0.00 0.00 0.00.0.000.00 0.00 P.O.Box 190—2000 Main Street Huntington Beach;CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded to Tharsos Inc,who was the company thereon for doing the following work to-wit: Storm Water Pump Station Forebay improvements,Project#CC-1686 That said work was completed 10/13/2023 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of-Huntington Beach and that said work was accepted by the Director.of.Public Works on 10/13/2023,per City Council Resolution No.2003-70 adopted October 6,2003. . That upon said contract,Argonaut Insurance Company,was surety for the bond given by the said company as required by law. • This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section • 27383 and should be recorded free of charge. • /C-7*_0 kDirec or of Public Works or City Engineer Date City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange . . )ss: •• • . City of Huntington Beach . ) I,the undersigned,say:I am an Agent of the•City of:Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof,the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office,of the County Recorder of Orange Coountty. • 1 This document is solely the.official business of 1 �, / r� /2 the City of Huntington Beach,as contemplated c •f!' / !!! under Government code section 27383 and FJire for of Public We s or City Engineer Date • should be recorded free of charm. City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION - (Additional recording fee applies) PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:John Martin P.O. Box 190—2000 Main Street Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded to Tharsos Inc,who was the company thereon for doing the following work to-wit: Storm Water Pump Station Forebay Improvements,Project#CC-1686 That said work was completed 10/13/2023 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on 10/13/2023,per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract,Argonaut Insurance Company,was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 27383 and should be recorded free of charge. Direr or of Ublic Works or City Engineer Date City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach I,the undersigned,say: I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. This document is solely the official business of /'- 1` the City of Huntington Beach,as contemplated � '� under Government code section 27383 and it or of Public Wo s or City Engineer Date should be recorded free of charge. City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating Jr 4/ 1 (Date) I CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OLD TO: City Treasurer FROM: City Clerk DATE: IFI�� SUBJECT: Bond Acceptance I I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. t DU 66,5? Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other 77 /? Re: Tract No. Approved '� (Council Approval Date) CC No. ���� Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. I g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Tharsos Inc FOR Storm Water Pump Station Forebay Improvements, CC-1686 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 Tharsos 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 Storm Water Pump Station Forebay Improvements. CC-1686 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 ait ally completIlIg the work within tie stipulated tfine and in the manner shown and described in this Agteement, and in accordance with the requirements of CITY for the colinpensation set folli in the accepted bid proposal. 2. AC CEPTANCE 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 insofaa 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 Six Hundred Forty Two Thousand Three Hundred Fifty Five Dollars ($ 642,355.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within one hundred ( 100 ) 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 charg€s:made by CONTRACTOR that have not be-','.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 Novice 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 parries hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of one thousand dollars ($ 1,000.00 ) per 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.Bor.any,of the following: (a) A time extension; 1� 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 too r to produce tl�ie 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 wr°iti g;,either within fifteen(15)days of receipt of the City Engineer's response (,r withi:i fifteen (15) �'sxys 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 rnade, CONTRACTOR may be paid such 11 16-5 i 95/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 connectioit with Notices to Withhold, which have been filed under the provisions of the stat+ates of the State of Calilomia. . 17. WAIVER OF CLAIMS �rhe acceptance by CONTRACTOR oaf t'tte pga,anent of the final certificate shall conStdvat ;a waive df all, cla�r:° gain I *n >:r�.: dri iaxg rat: of this f� rreernent: ,ems: Fitt" ""� A>� asL t k.e L�'r t•th D%c?or of InrlustrM.a1 Relations of the S€itte of Calil'o mia 11.1he general p evaihng rate�)f rjex diem wages and the general prevailing rate for l :ga holiday and overtinw work xn the locality in which the work is to be performed for each craft or type of work needed to ex.ecut this Agreement, and the same has been set forth by resolution on file in the office kf 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 compeitsation to every employee. 31. Pursuant to thia Agreement?.nd in accordance with Section 1774 and 1775 of the California Labor-Code, ti O:`4TRAC'rGR 3he11, as penalty to CITE', forfeit'twenty-five dollars($25) for each calendar day or portion thereof for each worker passe(e ither 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 1 16.5195/0ty Fu:`ided 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, excbpt 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 Fundt7d Constructior:Contract.dxr.—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 aril!.'i- direcdy (fir. indifectly oet ,of, the obligalion.� +_M i opeMations herein undertaken Ivy used in while or in part by any negligent act or omission of the CONTRACT0,i<:, a>ty subcon aactors, =r ,one directly or indirectly employed by any of them or anyone for who,T-acts any of them may be liable, including but not limited'to concurrent active or passive negfigence, --xcept whe-e 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^onduct 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 CONTR ACTOR. 24. WORKERS' CO-A/-',PE J A710N MND EMPLOYER'S LIA13I1LI .'V 1NSLJl1A1�TC;° Pursuxat to California Tabor 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'I'ER INATION if CC'NTRAC't'-0R fails o 'ic`uses 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 boc:u rients, CITY may give CONTRACTOR notice in writing of its i;,ite,rition to terisllln to t131�,, C :nen'._ Unless, vi edon is cured within teal(10)days after such Notice of Ln'l.�ntion5 has-b;;, - e`; :: -�+T l" '�2f 'c tA'i "c-77 may, withC1:1t Dr�J1 iC� tS5 any other remedy it may have, term irate this Agreement upon the expiration of that time. Upon such default by Cf:)" TRACTOR, CITY ,-nay elect not to terminate this Agreement; in such event CITY rr.3y make.:91)uci the; def.cier►c, 'r w ich the default consists- and deduclt he resulting costs from the plot;;+ass 1'a _ nts-thi=,c •becoixte due to CONTRACTOR. xf.;t,is. Sul segnxentiy detcrti�tads. by a couit of competent jurisdiction that CITY's termaination of this Agreement iaxider. this 8ecttor4 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 QR CONV1JMEN ;F C17Y Way ale tads. Agrevrne it Ror co vemience at any time with or without cause, and whethet 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 A ork in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shah be entitled to receive payment for work executed, and costs incurred by reason of such termination. Ira 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 16-5195/01y 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 CONFRAACTOR 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 Tharsos Inc ATTN:John Martin , Public Works ATTN: Michael Lopez 2000 Main Street 7839 University Ave.#210 Huntington Beach, CA 92648 La Mesa,CA 91942 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 Chaster 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 attorneys fees from the non-prevailing party. 39. INTE PRET-k IGN OF THIS AGREE'ME�'T 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(D/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 '.("`_ UnderSl bir241 rP r:;;entS ar' :,TSr'?Ti s Ilia its signature llerelno,' low has the power, authority and right to as '3d their respective parties to each of the terms of this Agreerr:ent, and shall inderanify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, h .ld by the signatory or is withdrawn. -,x" f!he partie D'k ; , fr;aid �;r� . `. .... 'jr , ,are entering into th}s Agreement freely and vc'wntar Jy fi?llowing ex'G- lsi v e arm's 1;]:tgti;negotiation, and that each has had the opportunity to consult V,,itb lfgal 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 riot 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 ar,d agree=_n.ents whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 V IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 24 VC,, CONTRA C O CITY OF HUNTINGTON BEACHa municipal carp tion o e State al By: Mayor tj (print name) 4� ITS: Chairman resident/Vice-President City Clerk (circle one IN AND APPROVE N By: 4 Director of Pubb ks �inn ( RE AN PRO ED: IT Secretar / Chief Financial Officer / Asst. , Secretary reasurer (circle one) 'ty er APPROVED City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 SECTION C PROPOSAL FOR THE CONSTRUCTION OF STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS FROM CC NO. 1686 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 80 working days, starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Exhibits, 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 C-1 agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bid Bond in the amount of 10% which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 1 412112022 mc d z*q 2 4/26/2022 Z" C-2 This acknowledges receipt and review of Addendum Number One, dated April 21, 2022. Tharsos Inc Michael Lopez Company Name By 5/4/2022 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949) 677-0391 within 24 hours of posting. This acknowledges receipt and review of Addendum Number Two, dated April 26, 2022. Tharsos Inc Michael Lopez Company Name By 5/4/2022 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949) 677-0391 within 24 hours of posting. BID PROPOSAL CC NO. 1686 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS,SUMP PUMPS,PIT CLEANING&ACCESS LADDERS) AT ADAMS,ATLANTA A&B,BOLSA CHICA, NEWLAND,MEREDITH,AND SLATER 40 PUMP STATIONS APPROX UNIT PRICE ITEM NO. DESCRIPTION UNIT QUANTITY (FIGURES) AMOUNT(FIGURES) 1 MOBILIZATION LIMITED TO 6%OF TOTAL BID LS 1 23750 PROVIDE ALL LABOR AND MATERIALS TO REMOVE,DISPOSE OF, AND REPLACE TRASH RACKS PER SPEC AND APPROX SR(A 2 schadde of vale es will be r ured a ADAMS LS 1 62186 b ATLANTA A LS 1 65111 c ATLANTA B LS 1 55747 d BOLSA CHICA LS 1 62201 e NEWLAND LS 1 41570 f MEREDITH LS 1 SLATER LS 1 153267 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING AND FISH AND INSTALL NEW SUMP PUMPS PER 3 SPECIFICATIONS a ADAMS EA 1 42675 b ATLANTA A EA 1 42675 c ATLANTA B EA 1 42675 d BOLSA CHICA EA 1 42675 42675 e NEWLAND EA 1 40270 f MEREDITH EA 1 PROVIDE ALL LABOR AND MATERIALS FOR PIT CLEANING PER 4 SPECIFICATIONS a ADAMS LS 1 12868 b ATLANTA A LS 1 c ATLANTA B LS , 12868 d BOLSA CHICA LS 1 12868 e NEWLAND LS 1 12368 f MEREDITH LS 1 12868 SLATER LS 1 20830 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING AND FURNISH AND INSTALL NEW ACCESS LADDERS 5'.' PER SPECIFICATIONS d BOLSA CHICA EA 1 15184 12684 f MEREDITH EA 1 12684 SLATER EA 1 TOTAL_BID AMOUNT FOR CC NO,-1686 WRITTEN IN WORDS WRITTEN IN FIGURES Eight Hundred Ninety Six Thousand Even 8961000 C-3 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 Item(s) Subcontractor License Registration# Amount Contract Number 3a thru RP Controls 98150E 1000013533 3f C-10 12,000 13.4 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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-4 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 on5/4/202?at La Mesa CA Date City State Michael Loez , being first duly sworn, deposes and says that he or she is President of Tharsos 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. Tharsos Inc Name of Bidder melcaelz" Signature of Bidder 7839 University Ave, #210, La Mesa CA 91942 Address of Bidder C-5 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 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS,PIT CLEANING & ACCESS LADDERS)AT ADAMS, ATLANTA A& B, BOLSA CHICA, NEWLAND,MEREDITH,AND SLATER PUMP STATIONS, (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. Tharsos Inc Contractor Michael Loez By President Title Date: 5/4/2022 C-6 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Tharsos Inc Contractor Michael Lopez By President Title Date: 5/4/2022 C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Tharsos Inc Bidder Name 7839 University Ave, #210 Business Address La Mesa CA 91942 Cittyy State Zip ( 6T9 ) 464-1261 mlopez@tharsosinc.com Telephone Number Email Address 980621 A & B State Contractor's License No. and Class 2010 Original Date Issued 113112023 Expiration Date The work site was inspected by Doug Kraft of our office on April 5 ,202 2 The following are persons,firms, and corporations having a principal interest in this proposal: Michael Lopez President Richard Williams Vice President ent 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. Tharsos Inc Company a e Signature of Bid r Michael Lopez Printed or Typed Signature C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this 4 day of May ,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 San Diego ) On 51412021 before me, J avy t Month, Day, and Year Insert Name d Title of Notary personally appeared } �� (, p � Lo a_z 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. _ _,J.CLAY J Notary Public-California z � " San Diego County j Commission x 2270436 My Comm,Expires Jan 6,2023 Signature S gna o otary Public (PLACE NOTARY SEAL ABOVE) C-10 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of {Describe specific work and experience necessary for project. For example, "Construction of(or rehabilitation of existing)trash racks and pit cleaning for City'l Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: l. Please see attached project sheets next page Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-11 THARSOS INC Proiect #19003 Sodium Hypochlorite Storage Tank Replacement Before After 3 1 � 8 Agency:West Basin Municipal Water District Project No: EPN-10067 Contact: Joel Blair Cell: 562-233-0746 Address: 17140 S.Avalon Blvd, Office: 310-660-6233 Carson,CA 90746 Email: joelbamestbasin.org NTP: 03/20/2020 Completion: 9/30/2021 Bid Cost:$1,039,000 Final Cost: $1,137,623 Job Description: The work under this Contract consisted of removing and disposing four(4)existing sodium hypochlorite storage tanks(30,000 gal each),including the foundations,and installing the four(4) new stamped ASME RTP-1 fiberglass reinforced polymer storage tanks(provided by the district). The work includes:coordinating the fabrication of the tanks with the District's Procurement Contract;constructing new reinforced concrete tank foundation,new chemical fill,feed, drain,overflow and site level gauge piping,valves and appurtenances;and associated improvements such as area lighting,replacing two(2)existing sump pumps,connecting level transmitters to existing SCADA system,and start up and commissioning of Tank operations. THARSOS INC Proiect #19001 Temporay Lower Otay Pump Station Redundancy CIP 2619 Before After cif; 4:, t1 E . x r• Agency: Otay Water District Project No: CIP S2051 &R2118 Contact: John Chambers Phone: 619-987-6371 Address: 2554 Sweetwater Springs Blvd Office: 619-670-2222 Spring Valley,CA 91978 Email: jchambers@otaywater.aov NTP: 09/03/19 Completion: 4/05/2021 Bid Cost: $1,647,000 Final Cost: $1,719,562 Job Description: The work consisted of performing all operations and furnishing of all labor,materials,tools,and equipment necessary for the general scope of work including grading,raised concrete slab with cut off walls,masonry retaining wall,below and above grade potable steel piping(24" and 30" Diameter),precast meter vault installation,fuel oil piping, electrical improvements, instrumentation and control equipment,fencing,and installation of an owner pre-purchased trailer mounted portable pump and diesel engine and all other work and appurtenances in accordance with the contract documents for startup and commissioning. THARSOS INC Proiect #18006 UCSD Campus wide Renew Water Systems Before Install two 12" and 8" Gate Valve Install 6" GV Install 6" GVr I £A 1� y E- a Agency: University of California San Diego(UCSD) Project No: 1000671856/P4S-858 Contact: Jim Hennelly Phone: 858-322-2126 Address: 9500 Gilman Drive Office: 858-534-3914 La Jolla,CA 92093-0916 Email: jhennelly@ucsd.edu NTP: 3/4/2019 Completion: 07/08/2019 Bid Cost: $219,236 Final Cost: $226,746 Job Description: Repair/Replace several broken deteriorated water valves and small portions of associated water lines around the Campus. The type of improvements includes but not limited to gate valves and post-indicator valves and appurtenance. Install hot tap valves to isolate work area and install new valves and piping. Remove ACP as required using proper Hazard Material Handling regulations. Plan shutdowns with the least amount of Campus disruption. Follow UCSD standards installation standards. Adhere to OSHA Safety regulation standards. Ensure the area of work is isolated from students and staff,and safe at the end of each day. THARSOS INC Proiect #18005 Helix Water District - Valve Vault Retrofit at Grossmont Reservoir Before Valve Vault Retrofit After x .e; Before Large Hatch Installation After r Agency:Helix Water District Project No: CIP 19018 Contact: Jeffrey J. McMasters Phone: Address: 7811 University Ave Office: 619-667-6277 La Mesa,CA 91942 Email: j ffrey.macmasterkhelixwater.or NTP: 01/02/19 Completion: 6/4/2019 Bid Cost: $217,999 Final Cost: $219,338 Job Description: Furnish all labor, equipment,materials,tools, services,transportation,permits,utilities,and all other items necessary for modifications of existing valve vault,manhole,and access hatch structures to improve accessibility and serviceability by district personnel. The work included installing new two submersible pumps, one new 4x4 hatch and two 10'x12' hatches,removing and replacing 4"&6-inch PVC piping and fittings,Install control cabinet and exhaust fan. THARSOS INC Proiect #18004 OCSD Safety Improvements Program J-126P &Q Ladder Install Walkway Pad Install '"i wig .j` W Guardrail Install for MH Guardrail Install for Hatches I it i T i d�I�J y� Agency: Orange County Sanitation District Bid No: J-126P and Q Contact: Charles Dalton Phone: 714-580-8490 Address: 10844 Ellis Ave Fax: Fountain Valley, CA 92708 Email: cdalton@ocsd.com NTP: 1/21/2019 Completion: 06/01/2020 Bid Cost: $798,000 Final Cost: Est. 816,625 Job Description: The work consisted of improvements to hatches and fall hazards at Sari Metering Station, College Avenue,Lido,Main Street, `A' Street, 15tn Street, Rocky Point and Crystal Cove Pump Stations.Additionally,there were minor electrical and mechanical ductwork at the SARI Metering Station and Main Street Pump Station. The work also consisted of improvements to address safety deficiencies involving roof fall protection and walkway hazards.Roof fall protection and walkway hazards included the installation of aluminum guardrails(1500ft), anchor points,ladders,structural platforms, stairs and roof walkway pads throughout Plantl and Plant 2. THARSOS INC Proiect #18003 OTAY WATER DISTRICT RWCWRF Headworks Improvements CIP S2051 & Steele Bridge Sewage Pump Station Wet Well Improvements CIP R2118 Bar Screen Installation New ME Cover F Wall Repair Influent Channel Steel An orle Re lacement e� Agency: Otay Water District Project No: CIP S2051 &R2118 Contact: John Chambers Phone: 619-987-6371 Address: 2554 Sweetwater Springs Blvd Office: 619-670-2222 Spring Valley,CA 91978 Email: ichambers(a_otaywater.jZov NTP: 08/18/18 Completion: 2/22/2019 Bid Cost: $223,400 Final Cost: $217,685 Job Description: Provide the labor, material and equipment to furnish and install a new wastewater bar screen inside the pump station wet well,provide new concrete wet well top slab,install a new reinforced concrete wall section in the Headworks Screen Channel,install new segments of concrete channel wall with grating support angles and resurface the Headworks Meter Channel top of walls,and install a new floor drain and drain line, as shown on the drawings and as specified. Work shall include all frame work, anchoring,grouting,demolition,reinforcing,coating of wall concrete surface,new anchor bolts and hardware removal and reinstallation of existing structural, mechanical,electrical, and instrumentation features as required to perform the work and all appurtenant materials,complete and in-place. THARSOS INC Proiect #18002 IEUA RP-2 Grinder Installation Before �a � E 4V� After aro �t N Agency: Inland Empire Utilities Agency (IEUA) Project No: EN0000000035 Contact: Josh Biesiada Phone: 909-993-1683 Address: 6075 Kimball Avenue Fax: 909-993-1987 Chino, CA 91708 Email: jbiesiadagieua.org NTP: 08/13/18 Completion: 10/15/2019 Bid Cost: $23,400 Final Cost: $23,400 Job Description: Installation of the Muffin Monster grinder, DeZurik plug valve, coupling and PLC panel. Confirm all given dimensions prior to procuring the material so it fits within the space constraints. The grinder shall be bolted directly to the new plug valve. The (6")Primary Sludge (PSD)piping shall be modified to install the grinder properly. A flanged coupling shall be used to attach the flange end of the grinder to the straight end of the pipe. T14ARSOS INC Project #18001 UCSD IGGP Wooden Stair Renewal Main Stairwa Before After 4 n �1 rE jl To Landin Before After oY� 4P1 c .dl�l " f Agency:University of California San Diego(UCSD) Project No: 1000671858/P4S-856 Contact: Jim Hennelly Phone: 858-322-2126 Address: 9500 Gilman Drive Office: 858-534-3914 La Jolla,CA 92093-0916 Email: ihennellygucsd.edu NTP: 08/28/18 Completion: 04/12/2019 Bid Cost: $262,000 Final Cost: $300,030 Job Description: This project was to remove and replace the wooden staircase,designed as Munk Stairs, located at Scripps Institute of Oceanography at UCSD. The existing wood stairs,guardrails,handrails, and concrete landings were to be demolished. In accordance with UCSD standards,new concrete stairs and landings,platform piers,as well as new wood decking treads,guardrails and steel handrails,were to be constructed. THARSOS INC Proiect #17006 LWD Gay Rio Way Reservoir Rehabilitation Remove 105ft Diameter Wooden Roof& Concrete Columns Install New Aluminum Dome & 16ft Concrete Wall around Tank Install Over Pi in , Ladder with Platform 1 Agency: Lakeside Water District Bid No: Contact: Brett Sanders Phone: 619-443-3805 Address: 10375 Vine Street Office: same as above Lakeside,CA 92040 Email: BrettS2LakesideWater.org NTP: 10/23/17 Completion: 07/18/2018 Bid Cost: $759,000 Final Cost: $808,266 Job Description: The work shall include extending the foundation 1'-3" around tank, installing new 8 inch thick by 16ft tall wall around tank, removing existing wooden roof and concrete columns, removing overflow piping, and ladders, installing new 105ft aluminum dome, installing new 8 inch overflow piping and fittings, repairing interior corroded concrete, sealing interior horizontal and vertical joints, installing new custom ladder with platform, installing new tank level gage, cleaning,and chlorinating tank. THARSOS INC Project #17003 Royale Pump Station Improvements Before 3 4� Yc H After r Agency: San Juan Capistrano Project No: CIP 17804 Contact: Michael Marquis Phone: 949-443-6326 Address: 32400 Paseo Adelanto Fax: 949-493-1053 San Juan Capistrano, CA 92675 Email: MMarquisgSanJuanCapistrano.org NTP: 09/11/17 Completion: 08/05/2018 NOC: 9 Bid Cost: $390,000 Final Cost: $404,784 Job Description: The project involves demolition, removal and replacement of existing equipment in the Pump Station. The existing equipment includes (2) domestic water pumps, (1) engine fire pump, (1) existing 1500-gallon steel Hydro-pneumatic tank, and all associated connecting piping and equipment required to complete the required improvements. The work includes installation of(1)packaged Domestic Water Dual Pump Skid with controls and instrumentation, (2) 50-HP skid mounted Fire Pumps, piping with the associated isolation valves and check valves, and 4"magnetic flow meter. The existing suction and discharge pressure transducer will be removed and reconnected to new piping. The existing Motor Control Center will be modified along with the installation of (1)new Motor Control Center. The existing Pressure Sustaining assembly will remain in- place. Concrete foundation pads were constructed beneath the Domestic Water Dual Pump Skid and each of the Fire Pumps. Start-up and Testing was completed. THARSOS INC Proiect #17002 San Clemente Primary Clarifier No.4 Rehab Remove Existing Equipment 17 Coat & Install New E ui ment Agency: San Clemente Project No: 16204 Contact: Greg Deist Phone: 949-337-3139 Address: 910 Calle Negocio, Suite 100 Office: San Clemente,CA 92673 Email: deistgyahoo.com NTP: 08/17/17 Completion: 10/19/2018 Bid Cost: $455,000 Final Cost: $484,101 Alternate Contact: Michael Fakhar, 949-361-6115, fakharm@San-Clemente.org Job Description: The work under this contract consists of furnishing all labor, materials, and equipment for removing existing sludge collection equipment i.e. chains, flights, drive units, etc. and repairing concrete before coating Primary Clarifier No. 4 tank and installing new sludge collection equipment i.e. chains, flights, drive units and other work as shown and specified, complete and ready for use in accordance with the Contract Documents. THARSOS INC Proiect #17001 LACSD Concrete Repair Phase I Install New Aluminum Covers for Existing Basins Wa_ Install new 316SS rail for Chain & Fli ht S stem in existing basins Agency: Sancon Bid No: Contact: Ryan Helmuth Phone: 714-412-3448 Address: 5841 Engineer Drive Office: 714-891-2323 Huntington Beach,CA 92629 Email: ryanga,sancon.com NTP:4/21/17 Completion: 10/18/2018 Bid Cost: $298,000 Final Cost: $728,144 Job Description: The work included removing existing aluminum covers and installing new aluminum covers over four(4)different basins approximately 250 feet long. Additional work included the removal of old corroded rails for the chain and flight system and installing new 316ss rails for 3 basins, including reinstalling the chain& flight system. THARSOS INC Proiect #15006 SD SBWRP Sludge Pump & Grinder Installation Remove Old E ui ment Install New Equipment ro Remove Old Com ressors Install New Compressors Z it _ Agency: City of San Diego Bid No: L-16-1374-DBB-2 Contact: John Udan Phone: 619-602-3391 cell Address: 9573 Chesapeake Drive,M.S. 18 Office: 858-627-3266 San Diego,CA 92123 Email: judanksandiego. ov NTP: 02/22/2016 Completion: 07/07/17,NOC 04/04/18 Bid Cost: $376,500 Final Cost: $421,516 Job Description: The work shall include removing four(4)existing pumps and control panels, installing two (2)new pumps, grinders, and control panels. Build concrete foundations for pump and grinders. Install new 4 inch ductile iron piping, fittings and valve as called out in the contract drawings. Remove old compressors and expand concrete foundation for two(2)new compressors. Modify existing piping and supports. Install control panel for compressors. Perform start up and commissioning for all new equipment. Coordination for shutdowns with plant operation personnel. T14ARSOS INC Proiect #15005 Rehab of Digester Mixing Pumps Pum E (Before) I � . mom 1 w+f, i 4 f Pump E Aft er .. 41 .�a Agency: Orange County Sanitation District Bid No: FE14-03 Contact: Brad Moore Phone: 657-237-4987 Address: 10844 Ellis Ave Fax: Fountain Valley,CA 92708 Email: bamoore ,ocsd.com NTP: 1/27/2016 Completion: 07/26/2018 Bid Cost: $594,000 Final Cost: Est. 613,739 Job Description: Replace existing 12"and 16"chopper pumps at digesters E,H,R, S and T, install new concrete pads. Install new 18" and 20"DI pipe and fittings. Modify drain lines and pipe supports. Startup and commission pumps. THARSOS INC Project #15004 Chevron & ExxonMobil Nitrification Facilities Title 22 Recycled Water Alkalinity Project 30,000 Gal Carbon Dioxide Tank Installation r;. R CO2 Equipment and Pi ing Installation Agency: West Basin Municipal Water District Bid No: Contact: Mario Bautista(Not with Agency) Phone: 310-710-0256 Justin Picard(Not with Agency) Phone: 310-660-6212 Address: 17140 S.Avalon Blvd, Suite 210 Office: 310-660-6296 Carson, CA 90746-1296 Email: MarioB n,westbasin.org NTP: 11/30/15 Completion: 10/06/2016 Bid Cost: $1,603,000 Final Cost: Est. $1,582,739 Job Description: The work included the installation of carbon dioxide generating equipment,piping, fittings, valves, and stainless steel tubing for instruments. Trench work was done for underground piping. The piping sizes for this project included 4", 18"and 20"DI piping. Also work included installing electrical and controls systems for the equipment, coordination with operations for shutdown of plant to install new piping and control systems, and start up and commissioning of equipment. THARSOS INC Proiect #15003 Joint Water Pollution Control Plant Secondary Treatment Concrete Repair — Phase I Concrete Repair 3 Y 3 F Finished Concrete Repair & Spray Foam System P 1111111�Ihy'lll ! 4''-, � u Agency: Los Angeles County Sanitation District Contract No: 4928 Contact: Perry Palencia Phone: 310-736-8439 Address: 1955 Workman Mill Road Fax: 562-699-7411 Whittier,CA 90607-4998 Email: ppalenciaglacsd.org NTP: 11/16/15 Completion: 03/29/2017 Bid Cost: $1,834,130 Final Cost:Est. $3,210,286 Job Description: The work shall include the repair of cracked and spalled concrete, sealing stud anchor holes, and replacing the foam spray system for fifty-two(52)final clarifiers,removing and reinstall the chain and flight system and start up and commissioning of spray foam system. 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• Michael Lopez Name of proposed Project Manager Telephone No. of proposed Project Manager: 619-669-8377 Please see attached projects sheets all work done as PM Project Name & Contract Amount Type of Work Date Completed Please see resume at end of document Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2• Richard Williams Name of proposed Superintendent Telephone No. of proposed Superintendent: 619-251-2038 Please see attached projects sheets all work done as Superintendent Project Name & Contract Amount Type of Work Date Completed Please see resume at end of document 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 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:Hefiling.dir.ca.gov/PW CR/ActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.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. Tharsos Inc Contractor Michael Lopez By mlopez@tharsosinc.com Email President Title Date: 5/4/2022 PWC Registration #: 1000012874 C-13 Bond No.: CMGB00013591 *AIA Document A31OTM . 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place THARSOS,INC, of business) 7839 University Avenue,Suite 210 Argonaut Insurance Company This document has important legal La Mesa CA 91942 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: (Name, legal status and address) Any singular reference to 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 Their G.A.B.) PROJECT:(Name, location or address, and Project number, if any) Storm Water Pump Station Forebay Improvements(Trash Racks,Sump Pumps,Pit Cleaning>&Access Ladders) at Adams,Atlanta A&B,Bolsa Chica,Newland,Meredith,and Slater Pump Stations,CC No.1686 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 he deemed incorporated herein.When so furnished,the intent is that this Bond shall construed as a statutory bond and not as a common law bond. Signed and seal thi th far,1 . 2022 THARSOS INC. (Principal) F (Seal) (Witness) (Title) 4 Xoe X—� r' n utln u4n a Company (Surety) VW D, (Seal) (Witness) V (Tidl GapAida Grady Attorney-in-Fact CAUTION:You should sign an original AIA Contract Document,on whlc this text a�pea In RED.An original assures that changes will not be obscured. Init. AIA Document A310T"—2010.Copyright g 1963,1970 and 2010 by The American Institute of Archite .All rights reservad.WARNING:This AIA* _ Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIR"n) cuonent,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under Ax:'a'::. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contruot Dncun a As,e-mail The American institute of Architects'legal counsel,oopyright@aia.org. 0611,o Bond No.: CMGB00013591 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 Hove Shear,Elizabeth Santos.Stacey Crarcia,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,seat 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 scaled 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 Ist day of June,2021, ...... Argonaut Insurance Company by: tea STATE OF TEXAS 'gt�uws' Joshua C.Betz Senior Vice President COUNTY OF HARRIS SS: * .e 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 Seat at the County of Harris,the day and year first above written. KA'rHHLEEN M MEEKS �-- 'tit • NOTARY 1-USLIC STATE Of TrXA.S •� MY COMM.EXP.0711.51225 niOTARr 1D SS7902-B (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 frill,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 Ccmpaay,on the 15th day of April 2022 . �'NN,.I��•aRM,••..��SURA.yo, James Bluzard Vice President-Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(933)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 APR 15 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. 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. LUCAS ParERsoN Notary Public•ca fornia Los Angeles Cocnty Signature ---- " Commission:2352264 Signature of Notary Public My comm.Expires Ma,19,2025 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 Aba Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer— Title(s): ❑Corporate Officer—Title(s): ❑Partner— ❑Limited ❑Gener ❑Partner — El Limited O 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 Michael Lopez 5022 Thorne Drive La Mesa, CA 91942 mlopez(&tharsosinc.com 619-669-8377 cell PROFESSIONAL EXPERIENCE June 2010—Present President of THARSOS INC Sept 2005—June 2010 Assistant Project Manager—Archer Western Contractors Assigned to Pump Turbine&Pipeline Coating Repair in Rancho Penasquitos,CA. Dismantle Pump Turbine($150K) Assigned to Alvarado WTP Ozone Project in La Mesa,CA. Contract to build Ozone Building($47M) Assigned to Lake Hodges Pump House Storage Facility in Escondido,CA. Contract to build Pump House($56M) Assigned to Alvarado WTP Phase II Expansion in La Mesa,CA. Contract to build Floc/Sed Basins($29M) -My position was to professionally represent,support,and advocate the organization's philosophy,policies and procedures and demonstrate excellent leadership and people skills in the presence of its Clients,Architects,and Engineers.My responsibilities included:Assist in estimating large public work projects,prepare contracts for vendors and subcontractors,prepare and negotiate field orders and change orders,prepare and schedule for shut downs and tie-ins,prepare and process pay applications,review and process invoices,generate P&L reports,update and generate P3 schedules,perform safety walks,attend meetings with clients and owners,start and close jobs. May 2004—Sept 2005 Project Engineer—Archer Western Contractors Assigned to Alvarado WTP Phase II Expansion in La Mesa,CA. Contract to build Floc/Sed Basins($29M) -My responsibilities included: maintain daily logs and project diary,review cost coding(time sheets and invoices), review daily production reports,review submittals,drafting-field sketches,interpreting contract drawing and specifications,maintain monthly photos,record equipment and material deliveries,prepare and monitor CPM schedule for project. Aug. 1998—Mar.2003 Field/Mechanical Engineer—Cherne Contracting Corporation Assigned to ARCO Polypropylene Project in Long Beach,CA. Contract to build polypropylene plant(>$100M) Assigned to BP Amoco Refinery Butanediol Project in Lima,OH. Contract to build a butanediol plant(>$I OOM) Assigned to Empire Electric State Line Project in Joplin,MO. Subcontract for mechanical side of Combined Cycle Power Plant(500MW)($50-100M) Assigned to Equilon Refinery in Long Beach,CA. Contract to upgrade refinery for clean fuels(regulation capital improvements).($20-40M) - Construction Management Activities included scheduling the installation of piping and mechanical equipment with the intent to meet completion dates as set by owner. Inspect work and verify compliance with applicable codes, and specifications.Work with superintendent and supervise up to 40-50 union craft employees during construction activities. Provide if possible most efficient construction path. Provide owners with options,solutions,and estimated cost for design errors or for any problem that inhibit construction. Assure project was built to plans and specifications. Update construction schedule and plan out work for new proposed construction and shut down work. Generate progress reports and verify work efficiencies. Schedule final walk downs for turn over. Participate in construction meeting with client and owners.Organize all documentation. Communicate with vendors for equipment problems,handling,storage,start up,etc.Perform material takeoffs,draft isometrics for layout and construction. Nov. 1995-Aug. 1998 Field/Mechanical Engineer-Scott Company of Southern California Assigned to Mobil Boiler Feed Project in Torrance. Contract to build RO/Microfiltration water treatment plant(>$12M) -My duties included expediting submittals for approval,writing RFI's,inspecting fieldwork,investigating problems with construction and methods,corresponding with vendors and subcontractors,documentation control,concrete testing preparations,purchasing/scheduling equipment,material check-in,assisting Project Manager with technical assignments,generating reports,attending construction meeting. Assigned to Hyperion Water Treatment Plant Full Secondary Facilities Phase 2 Project.(>$100M) -Assist Mechanical Superintendent with field operations and procurement of materials/equipment for projects involving liquid oxygen tank installation,large/small bore piping installations above and below grade,pumps,gas scrubber sys,chemical feed systems,clarifier equipment,reactor equipment,and other mechanical items. Other responsibilities included subcontract administration,documentation control,expediting submittals,preparing work schedules,tracking tests for piping and field welds,and working with vendors to establish priorities for equipment/materials deliveries and installations. Sept. 1992—Nov. 1995 Project Estimator Assistant/Contract Administrator-Manhole Adjusting Inc. Manhole Adjusting Inc.is a General Engineering Contracting firm that specializes in the construction of roads and highways with Asphalt Rubber. -My duties included working with Project Manager on scheduling,coordinating daily activities for workers, performing technical assignments,monitoring work operations in relation to schedule and budget criteria,develop cost reports for project functions on a daily,weekly and monthly basis,coordinate work requirements for subcontractors and material vendors,prepare technical documents(calculations,field designs,operation procedures) as required,provide quantity takeoffs and cost estimates for contract bidding,perform site investigation to be used in subsequent bid estimate,and conduct field inspections for construction relative to plans and specifications. EDUCATION CALIFORNIA STATE POLYTECHNIC UNIVERSITY,POMONA Bachelor of Science in Civil Engineering-Environmental Option Archer Western Contractors, Ltd. ■ A Member of the Walsh Group a, San Diego County Water Authority Pump Turbine & Pipeline Coating Repair • Rancho Penasquitos,California • Owner: San Diego County Water Authority • Contract Value: —$150,000 • NTP:November,2009 • Completion Date:December,2009 This project was warranty related work that included replacement of the mechanical seal in a SMW pump turbine. Other work included the repair of coating system in the 96 in and 84 inch pipe associated with the pump turbine. This work was to be done in a 30 day shutdown. The work included dismantling the pump and associated components and reassembly with operational testing of all piping,mechanical equipment, and commissioning of pump turbine equipment. Archer Western Contractors, Ltd. A Member of the Walsh Group WIF f �.i ii 11� III r A Alvarado Water Treatment Plant Upgrade & Expansion Ozone Project • La Mesa,California • Owner: City of San Diego • Engineer: Malcolm Pirnie • Contract Value: $47,339,896 • NTP: June 26,2008 • Completion Date: July 10, 2010 The work will allow the Alvarado WTP to ozonate settled water. The principal work under this contract includes; construction of new hydraulic structures, contactors, influent and effluent channels,galleries, ozone building, installation of new ozone equipment, 5 -150HP vertical turbine pumps, sump pumps,centrifugal split case pumps, mechanical equipment,process instrumentation,plant control systems, electrical power distribution facilities,yard piping, site drainage piping,valve vaults, cathodic protection systems,hand railings,retaining walls, curbs, sidewalks,paving and surface improvements, landscaping,disinfection and operational testing of all piping, and commissioning of ozone equipment for a complete operational system. ,a 5 Archer Western Contractors, Ltd. tA Member of the Walsh Group k y F Al F Olivenhain-Hodges ESP/Pump Storage Projects Pump House and Inlet/Outlet Structure • Escondido,California • Owner: San Diego County Water Authority • Engineer: MWH • Contract Value: $55,638,101 • NTP: March 17,2006 • Completion Date: July 12,2010 The work under this contract consists of the construction of a pump house, coffer dam, tailrace tunnel, inlet/outlet structure, and high voltage switchyard. Owner furnished equipment installation included penstocks and bifurcation, shutoff valves, pump-turbine/motor-generators (40 M1/), and major electromechanical equipment. Installation also included draft tube gates and hoists, compressors, misc pumps, 69-Kv transmission lines. Other principle elements included architectural work, dewatering, excavation, blasting, earthwork, drilling and grouting, painting and protective coatings, roadwork and traffic control, landscaping, operational testing and commissioning of completed plant. Archer Western Contractors, Ltd. A Member of the Walsh Group JRI� f�v6° ;✓ as��lll� Alvarado WTP Project Phase II 120 MGD Flocculation Sedimation Basins • La Mesa, California • Owner: City of San Diego • Engineer: Malcolm Pirnie • Contract Value: $29,105,000 • NTP: March 29,2004 • Completion Date: March 12, 2007 • Two-Flocc/Sed Basins - 12-Horizontal Flocculators 6 per basin - 12-Chain&Flight Sytems 6 bays per basin - Yard Piping 84",66",48999 24" - 48"Ventrui's Flow Meters, 84",48", 24"BFV's - Chemical/Operations/Electrical Buildings • Concrete Placement Approx. 24,000 cyds • Major Suppliers - Misco/Jim Myers—Horizontal Flocculators - GMI/Polychem—Chain&Flight System - Mid America Pipe—Yarding Piping RICH WILLIAMS / THARSOS INC. 7839 University Ave.Suit 210 La Mesa Ca.91942 (619) 251-2038 I richwilliams.tharsos@gmail.com OBJECTIVE To work in a supervisory/leadership position in the construction industry with Tharsos Inc.and to apply my extensive experience and knowledge to the many duties associated with building water,wastewater,reclamation plant,pump and lift stations.I have over 25 years in the construction industry building large scale public works projects.I bring my experience to the team and am committed to the overall success of the projects with the common goal to complete projects safely,under budget,and on time to ensure owner satisfaction.I utilize the best and safest work practices and maintain a high safety awareness and practice. PROJECT EXPERIENCE 1/01/2010- Project Superintendent/Project Manager, Tharsos Inc. Current •As a current member of the Tharsos Inc.team I have the responsibility of a variety of duties and obligations.These include but are not limited to estimating,developing project schedules and budgets,production and cost analysis,purchasing,and staff and subcontractor coordination. 10/01/2008— Project Superintendent, Archer Western Contractors LTD 11/15/2009 Alvarado WTP—Ozone Expansion/Contract value$56,000,000 Responsibilities—Coordinating crew of approx.65 plus subcontractors and suppliers in the building of an ozone facility consisting of approximately 18000 cubic fards of concrete and all associated piping and mechanical systems. 4/01/2007— Project Superintendent, Archer Western Contractors LTD 10/01/2008 Lake Hodges Pump Station—Hydroelectric Facility/Contract value$55,000.000 Responsibilities—Coordinating crew of approx.65 plus subcontractors and suppliers In the building of a hydroelectric pump station facility consisting of an excavation of approx.170'deep into solid rock by the use of drill and blast methods and pouring of approximately 12000 cubic yards of concrete with the install of all associated piping, mechanical systems and the install of 2 each 20 megawatt pump turbine generators. 5/01/2004— Project Superintendent, Archer Western Contractors LTD 4/01/2007 Alvarado WTP—Upgrade and Expansion of the Sedimentation and Flocculation Basins /Contract value$29,000,000 Responsibilities—Coordinating crew of approx.50 plus subcontractors and suppliers in the building of new sedimentation and flocculation basins consisting of approximately 24000 cubic yards of concrete and install of all associated piping and mechanical systems. 2001-2004 Project Foreman, Archer Western Contractors LTD Miramar WTP—Phase 2 Upgrades Point Loma WWTP—Digester C1&C2 Upgrades 1999-2001 Project Foreman, CDM Contractors .Point Loma WWTP—Headworks Upgrade and Grit install 1990-1999 Carpenter apprentice/Journeyman/Pipe Layer/Operator, Western Summit San Elijo WWTP—Expansion&Upgrades Corona WWTP—Expansion&Upgrades North City Water Reclamation Plant San Pasqual WWTP Encinas WWTP Expansion&Upgrades EDUCATION & TRAINING [Dates] El Capitan High School Associated General Contractors Carpenters Apprenticeship Program Cal Osha 30 hr.Safety Course Forklift and Crane Safety EEO Compliance&Anti-harassment training Competent person training in confined space entry,fall protection,scaffolding& shoring,excavation&trenching, Safety Awards: CALOSHA Golden Gate/Sharp Awards for the Alvarado WTP Sedimentation Flocculation Basins and the Lake Hodges projects consisting of the recognition of safe work practices and a 2 year exemption from any CALOSHA site visits. References available upon request. E Page 2 i . DATE(MWDD ) ,a�izo CERTIFICATE OF LIABILITY INSURANCEF07/18/2022 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(les)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), PRODUCER CONTACT Michelle Flynn NAME: DJM Insurance Services PHONE (866)981-4570 FAtKNe; (819)938-2504 10038 Marathon Parkway,2nd FI ADDRESS: Support@DJMlns.com INSURERS AFFORDING COVERAGE NAIC Y Lakeside CA 92040 INSURERA: Scottsdale Insurance Company 41297 INSURED INSURER B: Capitol Indemnity Corporation 10472 Tharsos Inc. INSURER C: Travelers Property Casualty Co ofAmer 25674 7839 University Ave Suite 210 INSURER D: INSURER E: La Mesa CA 91942 INSURER F: COVERAGES CERTIFICATE NUMBER: Master03102/2022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTV61TH 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. 7R TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDDIYYY MMIDDIYYYY LIMITS COMMERCUILGENERALLIABILITY EACHOCCURRENCE $ 1,000,000 DAMAGE TO RLINITO CLAIMS-MADE ©OCCUR PREMISES Ea occurrence g 50,000 MED EXP one person) S 6,000 A Y Y VRS0005782 02l2812022 02/28/2023 PERSONAL&ADV INJURY $ 1.000,000 GENLA13GREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY©"O_ LOC PRODUCTS-COMPIOPAGG $ 2,000.000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea acddent ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED A ROVED A5 TO F RM AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY By: Per acddenl AEL E.GAT 1 $ UMBRELLA LIAR OCCUR CITY ATTORNE EACH OCCURRENCE b 2,000,000 11 EpC�{ _ B X EXCESS LIAR CLAIMS-MADE Y Y XS2002009F HUNTING O %S?2022 02/28/2023 AGGREGATE $ 2,000,000 DIED RETENTIONS 1 1 $ WORKERS COMPENSATION Y/N AND EMPLOYERS LIABILITY STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NM E.L.DISEASE-EA EMPLOYEE $ tryes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Rented/Leased $250,000, Contractors Equipment C OT-660-8D668129-TIL-21 11/23/2021 11/23/2022 Equipment DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) InsurerA:Pollution Liability Policy#VRS0005782 02/28/2022-0212812023.Limit$1,000,000.General Aggregate Limit$2,000,000 RE:CC-1686 Storm Water Pump Station Forebay Improvements. As per written contract,City of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are included as additional insured with respects to ongoing and completed operations on the General Liability coverage,per form#CG 2010 04 13 and#CG 20 37 04 13.Primary and non-contributory wording endorsement applies with respect to the Commercial Package Policy,per form#VP E 211(08/14).Waiver of Subrogation applies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. AUTHORIZED REPRESENTATIVE /� ► Huntignton Beach CA 92646 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00DO0250 LOG#: ,�coRO ADDITIONAL REMARKS SCHEDULE Pago of AGENCY NAMEDINSURED DJM Insurance Services Tharsos Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance with respect to the Commercial General Liability and Pollution Liability per form#VP E 201(2119).Umbrella Liability Policy form to follow the Commercial Package policy. Per Project Aggregate endorsement applies with respect to the General Liability insurance coverage,perform#VP CGL E 332(01/17). ACORD 101(2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD T HARI NC-01 SODGERS ACC.7R0' FDATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE /15/2022 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 endorsements . PRODUCER C ACT Builders Advantage Insurance Services P&'� o Ext; 916)784-9793 NC No): 107 Main Street Roseville,CA 95678 E- R' .support@buildersadvantageins.com INSURERS AFFORDING COVERAGE NAIC p INSURERA:State Comp Ins Fund 35076 INSURED INSURER B: Tharsos,Inc. INSURERC: 7939 University Ave Ste 210 INSURER D: La Mesa,CA 91942 INSURER E INSURER F: COVERAGES CERTIFICATE UMBER: 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 SUS wvD pOLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Fa r roc rence) MED EXP(Any oneperson) PERSONAL S ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY❑wof LOC PRODUCTS-COMPIOP AGG $ OTHER: INGLE LIMIT AUTOMOBILE LIABILITY COMBINED S ANY AUTO BODILY INJURY Per son SOS ONLY SCHEDULED �INE �pp pp BODILY INJURY Per accident AUTOS ONLY NOMTTY Pe�ecadenl GE S UMBRELLA LIAR HOCCUR EACH OCCURRENCE ECESS LUIB CLAIMS-MADE AGGREGATE DEXD RETENTION$ A WORKERS COMPENSATION X PER OTH AND EMPLOYERS'LIABILITY Y I N X 9058032-2022 61112022 61112023 E.L.EACH ACCIDENT 1,000,000 ANY PROPRIIETORfiARTNERfEXECUTIVE FFICERIM nNH)EXCLUDED9 Y N/A 1,000,000 E.L.DISEASE-EAEMPLOYE D � I 1,000,000 IPFON OF OPERATIONS below E.L.DIE- LICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks schedule,may be attached If more space Is required) This certificate of liability Insurance certifies that the coverage listed above has been Issued to the named Insured,DBA:Tharsos,for the period Indicated. 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 tY 9 ACCORDANCE WITH THE POLICY PROVISIONS, 2000 Main St Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD i 1 ® DATE(MMIDDIYYYY) A��D CERTIFICATE OF LIABILITY INSURANCE 7/1812022 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(les)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 endorsements). I PRODUCER NAME: Certificates Orr&Associates Insurance Services PHONE 800-311-3081 FaA1C No:800-474-3003 28780 Single Oak Dr E-MPJL Ste 265 -ADDRESS; certs@orrandassociates.com Temecula CA 92690 INSURERS AFFORDING COVERAGE NAIC# INSURER A:California Auto Insurance Co. 38342 INSURED THARINC-01 INSURER B Tharsos Inc 7839 University Avenue Ste 210 INSURERC: La Mesa CA 91942 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:1364109160 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 ADD R POLICY NUMBER IPOOLICDY EFF MM ICY E YP LIMITS LT COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE OCCUR PREMISES E rrence $ MED EXP An one arson $ PERSONAL&ADV INJURY $ GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PROT LOG PRODUCTS-COMPIOP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y Y BA040000061018 2,12812022 2/2812023 COaBI 0 SINGLE LIMIT $1,000,000 (EaX ANY AUTO BODILY INJURY(Per parson) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROP ER DAMAGE $ 1AUTOS ONLY AUTOS ONLY ccldent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTION $ WORKERS COMPENSATION TH- AND EMPLOYERS'LIABILITY YIN sTRLITE ER ANYPROPRIETOWPARTNERIEXECUTIVE ❑ NIA E.L.EACHACCIDENT $ OFFICER/MEMB EREXCLUDED? (Man dalory In NH) E.L.DI EASE-EAEMPLOYEF $ If es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate is subject to policy limits,conditions and exclusions. City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insured as per attached endorsement form(s). RE:Storm Water Pump Station Forebay Improvements CC-1686 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:John Martin 2000 Main Street AUTHORIZED REPRESENTATIVE Huntington Beach,CA 9264 dot �(©19888-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: NrRS0005782 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 Organization(s) Location(s)Of Covered Operations City of I luntingum Beach,its officers,elected or appointed officials,employees, As Required by Written Contract. agents,and volunteers 2000\fain St.,Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury","property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1.Your acts or omissions; or equipment furnished in connection with such 2.The acts or omissions of those acting on your work, on the project(other than service, behalf; maintenance or repairs)to be performed by or In the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of"your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 10 0413 I POLICY NUMBER: NTRS0005782 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) City of Huntington Beach,its officers,elected or As Required by Written Contract. appointed officials,employees,agents,and volunteers 2000 Main St.,Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A.Section II -Who Is An Insured is amended to B.With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III -Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we to work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for ,that additional insured and �, Required b the contract or agreement;or included in the products-completed operations q y g hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1.The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Numbcr: N RS0005782 Effecdv e Date: 02/28/2022 Expiration Date:02/28/2023 VIRTUE RISK PARTNERS VIRTUE PACK COMMON POLICY CONDITIONS Tlis endorsement modifies insurance provided tinder VIRTUE PACK SERVICE BUSINESS PACKAGE POLICY. Notwithstanding anything contained to the contrary in this VIRTUE PACK Ser6ce Business Package Policy, it is hereby agreed that all coverages bound and scheduled in the VIRTUE PACK Service Business Package Policy Declarations or the Contractors Pollution Liability Supplemental Declarations are subject to the following terms and conditions. In the event of a conflict between the provisions of these Common Policy Conditions and any Coverage Part, the provisions of these Common Policy Conditions shall control. A. LIMITS OF LIABILITY AND DEDUCTIBLE—ALL COVERAGE PARTS 1. With the exception of any defense costs paid under the Commercial General Liability Coverage Part, the General Aggregate Limit Applicable to All Coverage Parts Combined, shown in the Declarations under Item III: Limits of Liability,is the most we will pay for the sum of CLAIMS, CLAIMS EXPENSES, occurrences or damages under all Coverage Parts, Optional Coverages,Supplemental Coverages,and Supplementary Payments under this VIRTUE PACK Service Business Package Policy, 2. If any CLAIM under any Coverage Part of this VIRTUE PACK Service Business Package Policy applies to multiple Coverage Parts, then the General Aggregate Limit Applicable to All Coverage Parts Combined,shown in die Declarations shall be limited to the highest applicable Limit of Liability payable under any one of the applicable Coverage Parts,with the exception of any applicable Excess Liability Coverage. B. ADDITIONAL INSURED 1. It is understood and agreed that Section II. WHO IS AN INSURED of the Commercial General Liability, Coverage Part and Section IV. DEFINITIONS,Paragraph I. INSURED of the Contractors Pollution Legal Liability and Professional Liability Coverage Parts, as applicable,are amended to include ADDITIONAL INSUREDS,but only with respect to liability for "bodily injure," "property damage," "personal and advertising injury" or LOSS caused,in whole or in part,by: a) "your work", YOUR SERVICES,or PROFESSIONAL SERVICES performed for that ADDITIONAL INSURED and included in the "products-completed operations hazard"; b) Your acts or onussions in the performance of your ongoing operations for that ADDITIONAL INSURED;or c) The acts or omissions of those acting on your behalf in the performance of your ongoing operations for that ADDITIONAL INSURED. However: 1. The insurance afforded to such ADDITIONAL INSURED only applies to the extent permitted by law;and 2. If coverage provided to the ADDITIONAL INSURED is required by a contract or agreement, the insurance afforded to such ADDITIONAL INSURED will not be broader than that wluch you are required by the contract or agreement to provide for such ADDITIONAL INSURED. 2. With respect to the insurance afforded to any ADDITIONAL INSURED, the following is added to Section III. LIA,IITS OF INSURANCE of the Conunercial General Liability Coverage Part and Section V. LIMITS OF LIABILITY AND DEDUCTIBLE of the Contractors Pollution Legal Liability and Professional Liability Coverage Parts: If coverage provided to the ADDITIONAL INSURED is required by a contract or agreement, the most we will pay on behalf of the ADDITIONAL.INSURED is the amount of insurance: a. Required by the contract or agreement;or b. Available under the applicable Limits of Insurance,whichever is less. NIP E 201(2/19) Page I of 9 ©2019 Virtue Risk Partners,LLC It is understood and agreed that for the purposes of this Endorsement the following definition shall apply. A. 'ADDITIONAL INSURED means: 1. Any person or entity specifically endorsed onto this Policy as an ADDITIONAL INSURED. If any, such ADDITIONAL INSURED shall maintain only those rights pursuant to this Policy as are specified by endorsement;or 2. Any person or organization the NAMED INSURED is required to name as an additional insured in a written contract or agreement,but only with respect to"your work,"YOUR SERVICES or PROFESSIONAL SERVICES performed by or on behalf of the NAMED INSURED for that person or organization. However, such persons or organizations are covered only with respect to "bodily injure," "property damage," "personal and advertising injury," or LOSS arising out of"your work,"YOUR SERVICES or PROFESSIONAL SERVICES and are not covered for any"bodily injure,""property damage," "personal and advertising injury," or LOSS arising out of the person's or organization's own liability. C. EXCLUSIONS There is no coverage whatsoever under this Policy for any of the following. We will also have no duty to defend the insured against any slut seeking damages to which this insurance does not apply. 1. Cross Suits Any liability or obligation from any CLAIM initiated, alleged or caused to be brought about by a NAMED INSURED or INSURED against any other NAMED INSURED or INSURED. This exclusion shall not apply to CLAIMS brought by any person(s) or organization(s) whom you agree,in a written contract, to name as an ADDITIONAL INSURED. 2. Prior Knowledge,Expected or Intended Injure BODILY INJURY,PROPERTY DAMAGE,ENVIRONMENTAL DAIVIAGE or POLLUTION CONDITIONS expected or intended, should have been known by, or could have reasonably been expected by any RESPONSIBLE INSURED, to give rise to a CLAIM. This exclusion shall not apply to BODILY INJURY resulting from the use of reasonable force to protect persons or property. 3. Intentional Acts BODILY INJURY,PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE based upon or arising from any acts of an INSURED which are based upon or otherwise attributed to the INSURED'S intentional,willful, dishonest,fraudulent,malicious, deliberate or knowingly wrongful act,including but not limited to such behavior or non-compliance Rrith any statute,regulation,ordinance,administrative complaint,notice of violation,notice letter, executive order, or instruction of an),governmental agency or body prior to or after inception of this Policy, including but not limited to an intentional discharge, seepage,disposal,dispersal, migration,release of any substance that could cause a POLLUTION CONDITION,committed by or at die direction of a RESPONSIBLE INSURED. This exclusion does not apply to a RESPONSIBLE INSURED that did not commit,participate in, or have knowledge of such an act. 4. Workers' Compensation Any liability or obligation of any INSURED under any workers compensation,disability benefits, unemployment compensation,employee benefits,pension sharing,ERISA law or any similar federal,state or local law and any amendments thereto. S. Employment Practices Liability INJURY OR DAMAGE to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment;or (3) Employment-related practices,policies,acts or omissions, such as coercion, demotion, evaluation, reassignment,discipline,defamation, harassment,humiliation, discrimination or malicious prosecution directed at that person;or VP E 201(2/19) Page 2 of 9 ©2019 Virtue Risk Partners,LLC b. The spouse, child,parent,brother or sister of that person as a consequence of INJURY OR DAMAGE to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above is directed. This exclusion applies whether the injury-causing event described in paragraphs (1), (2) or (3) above occurs before employment,ducting einployinent or after employment of that person. This exclusion applies: 1. Whether the insured may be liable as an employer or in any other capacity;and 2. To any obligation to share damages with or repay someone else who must pay dainages because of the injury. 6. Employer's Liability BODILY INJURY to: 1. An EMPLOYEE of the INSURED,its parent, subsidiary or affiliate,arising out of and in die course of employment by the INSURED or while performing duties related to die conduct of die INSURED'S business;and 2. The spouse,child,parent,brother or sister of that EMPLOYEE as a consequence of Paragraph 5 a. above. This exclusion applies whether the INSURED may be liable as an employer or in any other capacity and to any obligation of any INSURED to share damages with or repay someone who must pay damages because of such BODILY INJURY. This exclusion does not apply to liability assumed by die INSURED under an INSURED CONTRACT. 7. Related Claims Any coverage provided under this Policy shall not apply to a CLAIM previously reported to the Company or any CLAIM or CLAIMS EXPENSES involving substantially the same general conditions or allegations that gave rise to any demand as referenced in the application,including any addendum or addenda attached thereto. 8. Injunctive Relief,Fines and Penalties Any CLAIM seeking injunctive relief or payment for fines or penalties. 9. Project Coverage Any liability or obligation froth any project for which any INSURED is an insured on a separate project-specific policy issued by any insurance company. 10. Unsolicited Communications Any liability or obligation,including obligations to pay damages or defend any claim or suit by reason of the assumption of liability in an INSURED CONTRACT, from unsolicited conunuinications or allegations of unsolicited communications made by or on behalf of any INSURED. Unsolicited communications means any form of communication,distribution,or tie transmittal or publication of information or material,including,but not limited to facsinvle,electronic mail,postal mail,express mail, telephone,internet or web-based advertisement,instant message,S1vIS message or text message that the recipient has not specifically requested. Unsolicited communications includes,but is not limited to actual or alleged violations of: a. The Telephone Consumer Protection Act (47 U.S.0 227),including any amendment of,or addition to, such statute; b. The Controlling the Assault of Non-Solicited Pornography and Marketing Act (15 U.S.0 7701), including any amendment of,or addition to,such statue;or c. Any other statue, ordinance or regulation relating to the coiTimunication, distribution or transmittal of unwanted content,information or material. 11. Access or Disclosure of Confidential or Personal Information Any liability or obligation arising out of any access to or disclosure of any person's or organization's confidential or personal information,including patents, trade secrets,processing methods, customer lists, financial information, credit card information,health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses, forensic expenses,public relations expenses or any other loss,cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. VP H 201(2/19) Page 3 of 9 ©2019 Virtue Risk Partners,LLC 12. Fire Suppression Negligence Exclusion Any liability or obligation arising out of the NAMED INSURED'S failure to provide safeguards,monitoring or emergency fire suppression equipment, during and up to one hour after performing any operations involving any activity or operation that generates sparks, flames or Beat capable of causing combustion. 13. War Any liability or obligation of any INSURED caused,arising,directly or indirectly, out of: a. War,including undeclared or civil war; b. Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government, sovereign or other authority using military personal or other agents;or c. Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. 14. Radioactive Waste Any liability or obligation for radioactive, toxic or explosive properties of NUCLEAR MATERIAL.This exclusion shall not apply to the INSURED'S work as it relates to remediation and/or decommissioning of non- reactive sites which may contain or have become contaminated with Low-Level Radioactive Waste as defined in the Low-Level Radioactive Waste Policy Act and which is under the regulatoty authority of the Atomic Energy Act of 1954,as amended. 15. NUCLEAR EZCLUSION I. Any obligation: A. Under any Liability Coverage, to injury, sickness, disease, death or destruction, BODILY INJURY or PROPERTY DAMAGE: L With respect to which an INSURED under die Policy is also an INSURED under a nuclear energy liability* policy issued by Nuclear Energy Liability Insurance Association, Mutual Atonic Energy Liability -Undeiwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an INSURED under any such policy but for its tetmination upon exhaustion of its limit of insurance;or 2. Resulting from the HAZARDOUS PROPERTIES of NUCLEAR 1AtVI`ERIt1L and with respect to which: (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the INSURED is, or had thus policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof,with any person or organization. B Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, first aid, to expenses incurred with respect to BODILY INJURY, sickness, disease or death resulting from the HAZARDOUS PROPERTIES of NUCLEAR MATERIAL and arising out of the operation of a NUCLEAR FACILITY by any person or organization. C. Under any Liability Coverage, to injury, sickness, disease, death or destruction, BODILY INJURY or PROPERTY DAMAGE resulting from HAZARDOUS PROPERTIES of NUCLEAR MATERIAL, if. 1. The NUCLEAR MATERIAL is at, or has been discharged or dispersed from any NUCLEAR FACILITY owned by, or operated by or on behalf of, an INSURED; or 2. The NUCLEAR MATERIAL is contained in SPENT FUEL or WASTE and was at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an INSURED;or W E 201(2/19) Page 4 of 9 0 2019 Virtue Risk Partners,LLC 3. The injury, sickness, disease, death or destruction, BODILY INJURY or PROPERTY DAMAGE arises out of the furnishing by an INSURED of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of an), NUCLEAR FACILITY, but if such facility is located within the United States of America, its territories or possessions or Canada, thhis exclusion (3) applies only to injury to or destruction of property at such NUCLEAR FACILITY,PROPERTY DAP4AGE to such NUCLEAR FACILITY and any property thereat. As used in this Endorsement: A. HAZARDOUS PROPERTIES mean radioactive, toxic or explosive properties. B. NUCLEAR FACILITY means: 1. Any NUCLEAR REACTOR; 2. Any equipment or device designed or used for (a) separating the isotopes of uraniLun or plutonium, (b) processing or utilizing SPENT FUEL,or (c) handling,processing or packaging WASTE; 3. Any equipment or device used for the processing fabricating or alloying of SPECIAL NUCLEAR MATERIAL, if at any time the total amount of such material in the custody of the INSURED at prenuses where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any of the combination thereof, or more than 250 grams of uranium 235; or 4. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of WASTE including the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. C. NUCLEAR MATERIAL means SOURCE 1bIATERIAL, SPECIAL NUCLEAR MATERIAL, or BY- PRODUCT MATERIAL. D. NUCLEAR REACTOR means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. E. SOURCE MATERIAL, SPECIAL NUCLEAR MATERIAL, and BY-PRODUCT MATERIAL have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. F. SPENT FUEL means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a NUCLEAR REACTOR. G. WASTE means any waste material: (a) containing BY-PRODUCT h1 ATERIAL other than the tailings or waste produced by the extraction or concentration of uraniuin or thorium from any ore processed primarily for its SOURCE IvUt:FERIAL content, and (b) resulting from the operation by any person/organization of any NUCLEAR FACILITY included in the first two paragraphs of NUCLEAR FACILITY. With respect to injury to or destruction of property, the word injury or the word destruction includes all forms of radioactive contamination of property. PROPERTY DAMAGE also includes all forms of radioactive contamination of property. D. GENERAL CONDITIONS 1. Actions Against Company: No action shall lie against the Company unless, as a condition precedent thereto, each INSURED has fully complied with all of the provisions of this Policy,or:until the amount of the INSURED'S obligation to pay shall have been finally determined either by written agreement of the INSURED or by judgment against the INSURED after actual trial and appeal has been concluded. Any person,organization or legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED liability,not shall the Company be impleaded by the INSURED or his legal representative. 2. Additional Prenniums: If, during dhis POLICY PERIOD,an increase in the risk or hazards covered hereunder occurs, die Company shall have the right to charge the appropriate additional premium. VP E 201(2/19) Page 5 of 9 ©2019 Virtue Risk Pirtners,LLC i 3. Assignment: This Policy may not be assigned and shall be void if assigned or transferred without prior written 'consent of the Company. 4. Bankruptcy or Insolvency:Bankruptcy or Insolvency of the INSURED or of the INSURED estate shall not relieve the Company of any of its obligations hereunder. 5. Cancellation: This Policy may be cancelled by the NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing written notification stating when thereafter the cancellation shall be effective.This Policy may be cancelled by the Company for any reason,by mailing to the NAMED INSURED at the address shown in the Policy,written notification not less than 60 days (10 days for nonpayment of premium) thereafter such cancellation shall be effective. Proof of mailing of such notification shall be sufficient proof of notification.The time of surrender or the effective date and hour of cancellation stated in the notification shall become tine end of the POLICY PERIOD. Delivery of such written notification either by the NAMED INSURED or by the Company shall be equivalent to mailing. If the NAMED INSURED cancels, earned prenhium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment inay be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective,but payment or tender of unearned premium is not a condition of cancellation. 6. Changes: Notification to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy;nor shall the terms of this Policy be waived or changed, except by endorsement issued to form a part of this Policy. T Choice of Law: The policy shall be governed and construed in accordance with the laws of the State of New York,without giving effect to conflict of law rules. 8. Coverage Territory, This Policy applies to CLAMIS made: a. In the United States of America (including its territories and possessions),Puerto Rico and Canada; b. International waters or airspace,but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 1 above;or c. All other parts of the world if the injury or damage arises out of: i. Goods or products made or sold by the INSURED in the territory described in Paragraph a. above; or ii. The activities of a person whose home is in the territory described in Paragraph a. above,but is away for a short time on your business. provided the insu red's responsibility to pay damages is determined in a CLAIM on the merits,in the territory described in Paragraph a. above or in a settlement we agree to. 9. Declarations and Representations: By acceptance of this Policy, the NAMED INSURED agrees that the statements contained in the Application for insurance, all supplemental materials,CLAIM information and any other information including submitted to the Company,including but not limited to the aforementioned,are accurate and complete at the time such information was reported. All submitted information comprise die INSURED'S agreements and representations,and knowledge that this Policy is issued in reliance upon the truth of such representations and that this Policy Declarations,Provisions,and Endorsements embody all agreements existing between all INSUREDS and the Company and supersede any prior express or implied agreements relating to this Policy. The NAMED INSURED acknowledges and agrees that the Application and any other information submitted by the NAMED INSURED is incorporated into, and is part of, thus Policy.The NAMED INSURED also acknowledges and agrees that the representations and warranties and contained in the Application or in any other information submitted by the NAMED INSURED in an effort to procure this Policy,are complete, true and correct and teat the Company issued this Policy in specific reliance upon the representations and warranties contained in the Application and in any other information submitted by the NAMED INSURED. 10. Independent Counsel: In the event the INSURED is entitled by law to select independent counsel to defend the INSURED at the Company's expense, tie attorney fees and all other litigation expenses the Company must pay to that counsel are hin ited to the rates the Company actually pays to counsel the Company retains in the ordinary course of business in the defense of a similar CLAIM or in the community where the CLAIM arose or is being defended. DTP E 201(2/19) Page 6 of 9 0 2019 Virtue Risk Partners,LLC ,Additionally, the Company may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency,including experience in defending CLAIMS similar to the one pending against the INSURED and to require such counsel to have errors and omissions insurance coverage. As respects any such counsel, the INSURED agrees that counsel will timely respond to the Company's requests for information regarding the CLAIM. Furthermore, die INSURED may at any time,by its signed consent, freely and fully waive its right to select independent counsel. 11. Inspection and Audit: Any of the Company's authorized representatives shall have the right and opportunity, but not the obligation,when the Company so desires,to interview persons employed by die INSURED and to inspect at any reasonable time,during die POLICY PERIOD or thereafter, the INSURED'S premises, equipment, operations,COVERED LOCATIONS and all improvements, structures,products,ways,works, machinery and appliances thereon;but neither the Company not its representatives shall assume any responsibility or duty to the INSURED or to any other party,person or entity,by reason of such right or inspection. Neither the Company's right to snake inspections,nor the actual undertaking thereof not any report thereon shall constitute an undertaking on behalf of the INSURED or others, to determine or warrant that property or operations are safe,healthful or conform to acceptable engineering practices or are in compliance with any law,rule or regulation.The NAMED INSURED agrees to provide access to appropriate personnel to assist the Company's representatives during any inspection.The Company shall also have the right to examine or audit any financial records of the NAMED INSURED to inspect for accuracy in reporting income or revenue as represented and warranted in die Application.Premium audits may be processed as a result of such inspection,after any policy expires or is terminated. Premium adjustment calculations shall determine additional premiums due,if any,and shall not result in any mid-term downward adjustment of premium. 12. Material Change in Risk: The INSURED must endeavor to notif r the Company,in writing, of any change in operations which materially increases the risk from that originally assumed by tie Company at Policy inception. Any failure by die INSURED to notify the Company may void all additional risk presented to the Company,if that failure to notify the Company presents additional exposure that the company has not had die opportunity to assess or receive due consideration for.The Company reserves the right to rescind all coverage offered under this policy,accordingly. 13. Mediation and Deductible Credit: If the INSURED and the Company agree to use Mediation to resolve a covered CLAIM,and is completely resolved by such Mediation, the INSURED's Deductible obligation will be reduced by 75%, subject to a tmaxitnum monetary reduction of$35,000. For die purpose of sus paragraph, Mediation means a non-binding process where a neutral panel of individuals assist the parties to reach their own settlement.When this occurs,we will reimburse the NAMED INSURED as soon as practical for any qualifying deductible amount which was already paid by the NA1v ED INSURED prior to tie Mediation, 14. Minimum Earned Premium: If this Policy is cancelled at the request of any NA ,1ED INSURED, the total retained by die Company shall not be less than25.00% . 15. Nonrenewal:The Company may non-renew this Policy by mailing or delivering to the NAMED INSURED at die address stated on the Declarations Page, or any endorsement amending the Declarations Page,written notice of nonrenewal at least sixty (00) days before die expiration date of this Policy. The offer of Policy terns, conditions or premium different than those in effect prior to renewal,shall not constitute non-renewal. 16. Other Insurance: Commercial General Liability Coverage Only: a. Primary Insurance:This insurance is primary except when b.below applies. b. Excess Insurance: (1) Tlus insurance is excess over any other insurance,whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or sin- lar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; NrP E 201(2/19) Page 7 of 9 0 2019 virtue Risk Partners,LLC (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (d) If the loss arises out of the maintenance or use of aircraft, "auto" or watercraft to the extent not subject to Exclusion g. of Coverage A (SECTION I);or (e) That is valid and collectible insurance available to you under any other policy. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer defends, we will undertake to do so, but the will be entitled to the iisured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b) The total of all deductible and self-insured amounts under all other insurance. If a loss occurs involving two or more policies, each of which states that its insurance will be excess, then our policy will contribute on a pro rata basis. All Other Coverage Parts except the Environmental Impairment Liability,,Coverage Part: If any part of either LOSS or CLAIMS EXPENSE are covered under this Policy and any other valid and collectible current,prior or subsequent Policy(ies) issued by any other insurer, this Policy shall provide coverage for such LOSS or CLAIMS EXPENSE on a pro rata basis with such other policy according to the applicable Limits of Liability of the applicable Coverage Part and such other policy. This coverage shall apply on an excess basis over any and all Project Specific Policies. This insurance shall in no way be increased or expanded as a result of the receivership,insolvency, or inability to pay of any insurer with respect to both die duty to indemnify and the duty to defend.This also applies to the INSURED while acting as a self-insured for any coverage.The INSURED shall promptly upon the request of the Company provide the Company with copies of all policies potentially applicable against the liability to which this Policy applies. The Company's obligation to make any payment for TRANSPORTATION shall be on an excess and non- contributory basis over any other primary and excess insurance available to the INSURED,whether collectible or not. 17. Primary Non-Contributory: Except as otherwise specified herein,this Policy shall be considered primary to any similar insurance held by third parties with respect to "your work,"YOUR SERVICES and PROFESSIONAL SERVICES performed by you-under any written contractual agreement with such third party. It is further agreed that any other insurance which person(s) or organizations(s)as referenced above may have,is excess and non-contributory to this insurance. 18. Severability: Except with respect to the Limits of Liability,and any rights or duties specifically assigned in this Policy to the NA 4ED INSURED, this insurance applies as if each NAMED INSURED were the only NAMED INSURED and separately to each INSURED against whom a CLAIM is made. 19. Sole Agent: The NAMED INSURED first listed in the Declarations shall be deemed agent of,and act on behalf of,all other INSUREDS,if any,with respect to all matters involving this policy,including the payment or return of premium,payment of all deductibles,receipt and acceptance of any endorsement issued to form a part of the Policy,giving and receiving notification of cancellation or non-renewal,and the exercise the Policy of the rights provided in the Extended Reporting Period clause,if applicable.The Company shall have the right to seek indemnification from any INSURED or any other person who may be legally liable for the debts of the NAMED INSURED. 20. Transfer or Recovery Rights: If the Company pays any amount or incurs CLAIM EXPENSE under this Policy, the Company shall be subrogated to the rights of recovery of each INSURED,against any person, firm or VP E 201(2/19) Page 8 of 9 ©2019 Virtue Risk Partners,LLC organization. All INSUREDS shall execute and deliver instruments and papers and do whatever else is 'necessary to secure such rights,including without Rinitatlon, assignment of the INSURED rights against any person or organization on account of which the Company made payment or incurred coverage expense under this Policy. The INSURED shall do nothing to waive or prejudice such rights either prior or subsequent to any CLAIM. 21. Transfer of the NAMED INSURED'S Rights and Duties:The NAM,ED INSURED'S rights and duties under this policy may not be transferred without the Company's written consent except in the case of death of an individual NAMED INSURED. If an individual NAMED INSURED dies, their rights and duties will be transferred to the NAMED INSURED'S legal representative, but only while acting within the scope of duties as the NAMED INSURED'S legal representative. Until the NAMED INSURED'S legal representative is appointed,anyone having proper temporary custody of the NAMED INSURE,D'S property will have the NA11%IED INSURED'S rights and duties,but only with respect to that property. 22. Waiver of Subrogation:The Company waives any right of recovery it may have against any person(s) or organization(s) to whom the NAMED INSURED agrees,in a written contract,to provide a waiver of subrogation because of payments the Company makes for injury or damage arising out of the YOUR SERVICES done under a contract with that person or organization. This status exists only for the project specified in that contract. Under no circumstances shall this provision act to extend the policy period,change the scope of coverage, or increase the Aggregate Limits of Insurance scheduled in the VIRTUE PACK Service Business Package Policy Declarations or in any Supplemental Declarations. This paragraph shall not apply to die Environmental Impairment Liability Coverage Part. 23. Claim and Loss Apportionment. If a Claim made against an Insured includes both covered and uncovered allegations,or is trade against an Insured and others not insured, the Insured and the Company recognize that there must be an allocation between covered and uncovered Clain Expenses and Loss payments,if any.The Insured and the Company shall use good faith efforts to agree upon a fair allocation between covered and uncovered Claims, Clain Expenses,and Loss taking into account the relative legal and financial exposures, and the relative benefits obtained in connection with the defense and/or settlement of the Clain by the Insured or others. a. If the Insured and the Insurer are unable to agree on the amount of the allocation, then the Company shall pay only those amounts (excess of the Deductible)which the Company deems to be fair and equitable until a different amount shall be agreed upon or determined pursuant to the terms of this Policy. b. The Company may advance Claims Expenses and or Loss and pursuant to this paragraph prior to the final disposition of any such Clain,provided such Chdin is covered by thus Policy.Any such advance shall be on the condition that: (1) the appropriate Deductible has been satisfied;and (2) any amounts advanced by the Company shall serve to reduce the Limit of Liability stated in the Declarations to the extent they are not in fact repaid;and (3) the Insured and the Company have agreed upon the portion of the Claims Expenses or Loss attributable to covered Claims against the Insureds;provided,however,if no agreement, the Company shall pay Costs of Defense as specified herein;and (4) in the event it is finally established that the Company has no liability under the Policy for such Claim,the Insured will repay the Company all Claims Expenses and/or Loss advanced by virtue of this provision. All other policy terms and conditions shall remain the same. PLEASE READ THIS ENDORSEMENT CAREFULLY AND COMPLETELY. THIS ENDORSEMENT CHANGES THE POLICY. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. NTP E 201(2/19) Page 9 of 9 0 2019\virtue Risk Partners,LLC Policy Number: VRS0005782 Effective Date: 02/28/2022 Expiration Date: 02/28/2023 VIRTUE RISK PARTNERS VIRTUE PACK DESIGNATED CONSTRUCTION PROJECT(S)AGGREGATE LIMIT SUBJECT TO AN ALL PROJECTS LIMIT PLEASE READ THIS ENDORSEMENT CAREFULLY AND COMPLETELY. THIS ENDORSEMENT CHANGES THE POLICY, ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. This endorsement modifies insurance provided under Commercial General Liability Coverage Part of the VIRTUE PACK SERVICE BUSINESS PACKAGE POLICY, With respect to coverage provided by this endorsement, the provisions of the Coverage Part apply unless modified by the endorsement. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects occurring away from your own premises. All Projects Required by Written Contract Information required to complete this Schedule,if not shown above,Nvill be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I—Coverage A,and for all medical expenses caused by accidents under Section I— Coverage C,which can be attributed only to ongoing operations at a single designated constriction project shown in the Schedule above: 1. A separate Designated Per Project Aggregate Limit equal to the General Aggregate Limit shown in the Declarations shall apply to each Designated Construction Project. However, the most we will pay under the insurance provided by this endorsement for all Designated Construction Projects shown in the Schedule above is$2,000,000 unless othetxvrise stated below: 2. The separate Designated Per Project Aggregate Limit provided in A.1. above is the most we will pay for die sum of all damages under Coverage A, except damages because of"bodily injury" or "property damage"included in the"products-completed operations hazard," and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations malting clairns or bringing"scuts." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the separate Designated Per Project Aggregate Limit provided in A.1. for drat particular Designated Construction Project. Such payments shall not reduce the General Aggregate Limit shown in die Declarations, not shall they reduce the insurance provided by this endorsement for any other Designated Construction Project. Vl'CGL E 332(01/17) Page 1 of 2 0 2017 Virtue Risk Partners,LLC f 4. The limits shown in die Declarations for Each Occurrence,Damage To Premises Rented To You and Medical Expense continue to apply. However,instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable separate Designated Per Project Aggregate Limit provided in A.1. for each Designated Construction Project. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrence" under Section I—Coverage A,and for all medical expenses caused by accidents under Section I— Coverage C,which cannot be attributed only to ongoing operations at a single designated construction Project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate L niit,-whichever is applicable;and 2. Such payments shall not reduce any separate Designated Per Project Aggregate Limit provided in A.1. C. When coverage for liability arising out of the"products-completed operations hazard"is provided,any payments for damages because of"bodily injury"or"property damage"included in the"products- completed operations Hazard"twill reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate limit nor any separate Designated Per Project Aggregate Limit provided in A.1. D. If the applicable designated construction project has been abandoned, delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,die project twill still be deemed to be the same construction project. E. Tlne provisions of Section III Lniits Of Insurance not otherwise modified by tl-is endorsement shall continue to apply as stipulated. PLEASE READ THIS ENDORSEMENT CAREFULLY AND COMPLETELY. THIS ENDORSEMENT CHANGES THE POLICY. ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME. VP CGL E 332(01/17) Page 2 of 2 0 2017 Virtue Risk Partners,LLC _ TM ENDORSEMENT AGREEMENT BROKER COPY COMPENSATION WAIVER OF SUBROGATION BLANKET BASIS 9058032--22 FUND RENEWAL NF HOME OFFICE 5--74-22--05 SAN FRANCISCO EFFECTIVE JUNE 1, 2022 AT 12.01 A.M. PAGE 1 OF 1 ALL EFFECTIVE DATES ARE AND EXPIRING JUNE 1, 2023 AT 12.01 A.M. AT 12,,01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME THARSOS THARSOS, INC 7839 UNIVERSITY AVE STE 210 LA MESA, CA 91942 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JUNE 2, 2022 2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 IREV.7-20141 OLD DP 217 Policy Number: BA040000051018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) 11. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED 1V. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII, ADDITIONAL TRANSPORTATION EXPENSE Vill. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI, GLASS REPAIR—DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO—COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2013 Mercury Insurance Services,LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 1 of 6 Policy Number: BA04000005 10 18 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY(Broad Form Named Insured) SECTION ll-LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured,the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50%or more of the business entity and the business entity is not separately insured for Business Auto Coverage.Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an"accident"which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II-LIABILITY COVERAGE,A.Coverage, 1.Who Is An Insured,the following is added: e. Any"employee"of yours is an "insured"while using a covered "auto"you don't own,hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION 11-LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured,the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury"or"property damage"occurs and that is in effect during the policy period is an"insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II-LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured,the following is added: g. An"employee"of yours is an"insured"while operating an "auto" hired or rented under a contract or agreement in that"employee's" name,with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION It—LIABILITY COVERAGE,A.Coverage, 2.Coverage Extensions,a.Supplementary Payments,Subparagraphs(2)and (4)are replaced by the following: (2) Up to$3,000 for cost of bail bonds(including bonds for related traffic law violations)required because of an"accident"we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured"at our request,including actual loss of earnings up to$500 a day because of time off from work. Copyright 2013 Mercury Insurance Services,LLC, All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permission Page 2 of 6 Policy Number:BA040000051018 VI. FELLOW EMPLOYEE COVERAGE: I SECTION II—LIABILITY COVERAGE, B. Exclusions,5. Fellow Employee This exclusion does not apply if you have workers'compensation insurance in-force covering all of { your"employees". Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III-PHYSICAL DAMAGE COVERAGE,A. Coverage,4.Coverage Extensions,a.Transportation Expenses, is replaced with the following: We will pay up to$50 per day to a maximum of$1000 for temporary transportation j expense incurred by you because of the total theft of a covered "auto"of the private passenger type.We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage.We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto"Is returned to use or we pay for its"loss". If your business shown in the Declarations is other than an auto dealership,we will also pay up to$1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it Is recovered to its usual garaging location. Vill. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4.Coverage Extensions,the following is added: C. If hired "autos" are covered "autos"for Liability Coverage in this policy and Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this coverage form for any"auto"you own,then the Physical Damage Coverages provided are extended to"autos"you hire, subject to the following limit: (1) The most we will pay for"loss"to any hired "auto" is$S0,000 or Actual Cash Value or Cost of Repair,whichever Is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss"caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE,B. Exclusions,3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2013 Mercury Insurance Services,LLC. All rights reserved. MCA8S101213-CA Includes copyrighted material of insurance Services Office,Inc.,with its Permission Page 3 of 6 Policy Number:BA040000051018 X. LOAN/LEASE GAP COVERAGE SECTION III-PHYSICAL DAMAGE COVERAGE C. Limit of Insurance,the following is added: 4. In the event of a "total loss"to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply,we will pay any unpaid amount due on the lease or loan for that covered"auto,"less: a. The amount paid under the Physical Damage Coverage Section of the policy;and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties,Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan or lease;and (5) Carry-over balances from previous loans or leases. XI. GLASS REPAIR—DEDUCTIBLE WAIVER SECTION III-PHYSICAL DAMAGE COVERAGE, D. Deductible,the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III-PHYSICAL DAMAGE COVERAGE, D. Deductible,the following is added: If two or more "company"policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived;or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement"company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS,A. Loss Conditions, 2. Duties In The Event Of Accident,Claim,Suit,Or Loss,a., In the event of"accident",you must notify us of an "accident"applies only when the "accident" is known to: (1) You, if you are an Individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company;or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2013 Mercury Insurance Services,LLC. All rights reserved. MCASS101213-CA Includes copyrighted material of Insurance Services Office,Inc.,with its Permission Page 4 of 6 Policy Number: BA040000051018 1 XIV. WAIVER OF SUBROGATION SECTION IV-BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5.Transfer of Rights Of Recovery Against Others To Us,section is replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any"accident"or "loss", provided that the "accident"or"loss"arises out of the operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR,OMISSION,OR FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B.General Conditions,2.Concealment, Misrepresentation,or Fraud,the following is added: Any unintentional omission of or error in information given by you,or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However,you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions, 5.Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: 1. Any covered"auto"you lease, hire,rent or borrow;and 2. Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission,while performing duties related to the conduct of your business. However,any"auto"that is leased,hired, rented or borrowed with a driver is not a covered "auto". XVI1. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions,5.Other Insurance,the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional Insured. Copyright 2013 Mercury Insurance Services,LLC. All rights reserved, MCAS5101213-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permission Page 5 of 6 Policy Number: BA040000051018 XVIII. HIRED AUTO-COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, B.General Conditions, 7. Policy Period,Coverage Territory,e.Anywhere in the world if:,is replaced by the following: e. Anywhere in the world If: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less;and (2) The "insured's" responsibility to pay damages is determined in a "suit"on the merits, in the United States of America,the territories and possessions of the United States of America, Puerto Rico,or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V—DEFINITIONS,C. "Bodily Injury" is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury,sickness, or disease. Copyright 2013 Mercury Insurance Services,LLC. All rights reserved. MCA85101213-CA Includes copyrighted material of Insurance Services Office,Inc.,with Its Permission Page 6 of 6 7/29/22,3:50 PM Company Profile CALIFORNIA III DEPARTMENT OF COMPANY PROFILE Company Profile Company Search Company Information Company Search Results ARGONAUT INSURANCE COMPANY Company 175 E HOUSTON ST Information SAN ANTONIO, TX 78205 Old Company 800-470-7958 Names Agent for Service Old Company Names Effective Date Reference Information NAIC Group List Agent For Service Lines of Business Melissa DeKoven Workers' 2710 Gateway Oaks Drive, Suite 150N Compensation Sacramento CA 95833-3505 Complaint and Request for Action/Appeals Reference Information Contact Information Financial Statements NAIC#: -� 19801 PDF's Annual Statements California Company ID #: -� 1523-0 Quarterly Date Authorized in California: 07/01/1957 Statements Company Complaint License Status: UNLIMITED-NORMAL Company Company Type: - j Property &Casualty Performance& Comparison Data State of Domicile: -� ILLINOIS Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In Your Area NAIC Group #: 0457 Argo Grp US Inc GRP View Financial Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfiie&eid=3439 1/2 7/29/22,3:50 PM Company Profile SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=3439 2/2 7/29122,3:53 PM Surety Bonds-List of Certified Companies (NAIC#11150) BUSINESS ADDRESS: Harborside 3, 210 Hudson Street, Suite 300,JERSEY CITY, NJ 07311 - 1107. PHONE: (201) 743-4000. UNDERWRITING LIMITATION b/: $162,311,000. SURETY LICENSES c,f/: AL, AK,AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN,TX, UT,VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Missouri. Arch Reinsurance Company (NAIC #10348) BUSINESS ADDRESS: 445 SOUTH STREET, SUITE 220, P.O. BOX 1988, MORRISTOWN, NJ 07962- 1988. PHONE: (973) 898-9575. UNDERWRITING LIMITATION b/: $55,204,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV. INCORPORATED IN: Delaware. Argonaut Insurance Company (NAIC#19801) BUSINESS ADDRESS: P.O. BOX 469011, SAN ANTONIO, TX 78246. PHONE: (800)470-7958. UNDERWRITING LIMITATION b/: $107,116,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Illinois. Ascot Surety and Casualty Company$ Translate https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html 10/92 7/29/22,3:57 PM https://ratings.ambest.com/CompanyProfle.aspx?ambnum=2056&URatingld=2985602&bl=0&AhSrc=1&PPP=&AftNum=O&Ext_User--&Ext_Misc=&Portal=0&Site= AM Best Rating Services Argonaut Insurance Company +< AMB#:002056 NAIC#:19801 FEIN#:941390273 Mailing Address Assigned to insurance companies that P.O.Box 469011 have,in our opinion,an excellent ability to San Antonio,Texas 78246 meet their ongoing insurance obligations. United States Web:www.argolimited.com '�7G E�iccla�t+' Phone:210-321-8400 Fax:210-377-2637 View Additional Address Information View additional news,-r.Qports and products for this company. AM Best Rating Unit:AMB#:058448-Argo Group International Holdinga,lam. Based on AM Best's analysis,058448-Argo Group International Holdings,Ltd.is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of Qperating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Best's Credit Rating Analyst Rating(Rating Category): A-(Excellent) Rating Office:A.M.Best Rating Services,Inc. Affiliation Code: g(Group) Senior Financial Analyst:Jieqiu Fan Outlook(or Implication): Stable Senior Director:Daniel J.Ryan Action: Affirmed Note:See the Disclosure information Form or Press Release below for Effective Date: April 13,2022 the office and analyst at the time of the rating event. Initial Rating Date; June 30,1955 Disclosure Information Long-Term Issuer Credit View Definition Disclosure Information Form Rating(Rating Category): a-(Excellent) View AM Best's Rating Disclosure Form Outlook(or Implication): Stable Press Release Action: Affirmed AM Best Affirms Credit Ratings of ArgoGrr4 R Effective Date: April 13,2022 International Holdings,Ltd and Its Subsidiaries Initial Rating Date: June 29,2005 April 13,2022 View AM Best's Rating Review Form Financial Size Category View Definition Financial Size Category: XIV($1.5 Billion to$2 Billion) u Denotes Under Review Best's Rating Rating History AM Best has provided ratings&analysis on this company since 1955. Financial Strength Rating Long-Term Issuer Credit Rating https://ratings.ambest.com/CompanyProfile.aspx?ambnum=2056&URatingld=2985602&bl=O&AhSrc=1&PPP=&AhNum=O&Ext_User-&Ext_M isc=&Portal=0&Site= 113 7/29/22.3:57 PM https://ratings.ambest.con/CompanyProfile.aspx?ambnum=2056&URalingld=2985602&bl=0&ANSrc=1&PPP=&ARNum=O&Exl_User=&Ext_Misc=&Portal=0&Site= Effective Date Rating Effective Date Rating April 13,2022 A- ApHI 13,2022 a- March 12,2021 A- March 12,2021 a- February 26,2020 A- February 26,2020 a- November 07,2019 A u November 07,2019 a u October 09,2019 A October 09,2019 a October 17,2018 A October 17,2018 a September 20,2017 A September 20,2017 a Best's Credit&Financial Reports —_ Best's Credit Rep> r -financial data included in Best's Credit Report reflects the data used in determining 'r the current credit rating(s)for AM Best Rating Unit:AMB#:058448-Argo Group International Holdinga, _ Best's Credit Report-Archive-reports which were released prior to the current Best's Credit Report. 1 Best's Financial ReW-financial data included in Best's Financial Report reflects the most current data available to AM Best,including updated financial exhibits and additional company information,and is available to subscribers of Best's Insurance Reports. View additional news,reports and prgdLig h for this company. Press Releases pate Tills Apr 13,2022 AM Best Affirms Credit Ratings of Argo roup International Holdings,Ltd and Its Subsidiaries Mar 12,2021 AM Best Revises Outlooks to Stable for Argo roup International Holdings,Ltd and Its Subsidiaries;Affirms Credit Rating.; Feb 26,2020 AM Best Removes From Under Review and Downgr-ades Qr �iit Ratings of—Argo rouNational Holding§,Ltd and Its Subsidiaries Nov 07,2019 AM Best Places Credit Ratings of Argo Group International Holdings,Ltd and Subs Under Review With NegajjYq Implications Oct 09,2019 AM Best Affirms Credit Ratings of Argo Qroup International Holdings,Ltd and Subsidiaries Oct 17,2018 A M Best Affirms Credit Ratings of Argo Group International Holdings,Ltd and Subsidiaries 2 Page size: 10 19 items in 2 pages European Union Disclosures A.M.Best(EU)Rating Services B.V.(AMB-EU),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2013/36/EU. United Kingdom Disclosures A.M.Best—Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the United Kingdom(UK).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the United Kingdom as per the Credit Rating Agencies(Amendment,etc.)(EU Exit)Regulations 2019, https://ratings.ambest.com/CompanyProfile.aspx?ambnum=2056&URalingld=2985602&bl=0&AJtSrc=1&PPP=&ARNum=O&Ext_User-&Exl_Misc=&Portal=0&Site= 2/3 7/29122,3:57 PM https://ratings.ambest.comlCompanyProftle.aspx?ambnum=2056&URatingld=2985602&bt=0&ANSrc=1&PPP=&ANNum=O&Ext_User--&Ext Misc=&Portal=0&SNe= Australian Disclosures A.M.Best Asia-Pacific Limited(AMBAP),Australian Registered Body Number(ARBN No.150375287),is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No.411055)under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. Important Notice:AM Best's Credit Ratings are independent and objective opinions,not statements of fact.AM Best is not an Investment Advisor,does not offer investment advice of any kind,nor does the company or its Ratings Analysts offer any form of structuring or financial advice.AM Best's credit opinions are not recommendations to buy,sell or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of credit rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Guide to Best's Credit Ratings. - ®- a About s I Careersnt t (Events I Media Relations I OfficesI Press Releases I Social Media Cookie Notice I legal&Licensing I Privacy Notice I Regulatory Information I Site Map I Terms of Use Copyright©2022 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. https://ratings.ambest.com/CompanyProfile.aspx?ambnum=2056&URatingld=2985602&bl=O&AhSrc=1&PPP=&ANNum=O&Ext_User-&Ext_Misc=&Portal=0&Site= 3/3 Bond No.:CMGP00005881 Premium: Included in the Performance Bond Executed in Two(2)Originals PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has awarded to Tharsos Inc. 7839 University Avenue,Suite 210, La Mesa,CA 91942 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Storm Water Pump Station Forebay Improvements CC-1686 (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 ------------------------------------------------------------------------------------------------------------------------------------------ S_ix Hundred Forty Two Thousand Three Hundred Fifty Five and 00/100 dollars($642,355.00 ),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. PAYMENTBOND Page 1 of 2 15-4584/117357 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: July 18,2022 ATTEST Tharsos. Inc. (Corporate Seal) P, ci me By:� Name: Title: I C i ATTEST 4MW>"� Ar ono t Insuranc!�Com n Adam Firestone,Junior Underwriter (Corporate Seal) ( Nam B >/ me: a A la G d AA r e in-Fact (Signat a of tney-in- for Surety) (Attach Attorney-in-Fact Certificate) (8jW363-2642 (Area Code&Telephone Number for Surety) APPROVED AS T RM::/��% sy: Sal / N}ichael E.Gates,IfityAttorney n ` L 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. PAYMENT BOND Page 2 of 2 1 5-45 84/1 1 73 5 7 Bond No.CMGP00005881 Premium:$6,496.00 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 Losino Stephanie Hope Shear Elizabeth Santos Stacey Garcia.Matthew Diouisio Christopher Coronel Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named allove„w 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 othertindertakings 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 n 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 anhofQts 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 19th day of November,2021. �„ x Argonaut Insurance Company 0 °:SEAL n_ by: 1948 ,2 STATE OF TEXAS t ". Gary E.Grose President COUNTY OF HARRIS SS: On this 19th day of November,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 seat 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 Directocsof saidCompany,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. KAT7dLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP 07/15/25 NOTARY ID 557902-8 (Notary Public) 1,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 18th day of July 2022 . =� SEAL'D= /ZkINO`s' Austin W.King Secretary 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 JUL 1 .8-2022 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. WITNESS my hand and official seal. LUCAS PA7ERSON .....�" Notary Public-California Los Angeles County Signature Commission#2352264 ��iiroF+`• My Comm.Expires Mar 19,2025 Signature of Not dry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the documpptor 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 — El Limited El General ❑Individual ElAttorne act ❑Individual ❑Attorney in Fact ❑Trustee ❑ ian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is resenting: Signer Is Representing: ©201`4 National Notary Association -www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 —PL?411N f71R17aX7AIfMC 1 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 s 4 m 0` .e On 12 1 I Zp 22, before me, r c� ti ; rC-4'Y�r.C� /V 0-(ram•- I'�,b�ic Date Here Insert Name and Title of the Offi er personally appeared Lo/!Z 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 eMy GR PublicCE THI CalifoK ara ra h is true and correct. Notary Public-California p g pSan Diego County Commission N 2253329 WITNESS my hand and official seal. Comm.Expires Aug 10,1012 n 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 Attac ocument 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 ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ Genera ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fa. ❑ Trustee ❑ Guardian or Conservator 11 Trustee ❑ Guardian or Conservat ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association Bond No.:CMGP00005881 Premium:$6,496.00 Executed in Two(2)Originals PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City')has, by written agreement dated 20_,entered into a contract with Tharsos Inc 7839 University Avenue Suite 210 La Mesa,CA 91942 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Storm Water Pump Station Forebay Improvements CC-1686 (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 &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,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 ------------------------------------------ Six Hundred Forty Two Thousand Three Hundred Fifty Five and 001100 Dollars($642.355.00 ),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 15-4584/117174 Bond No. CMGP00005881 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:July 18 2022 / ATTEST (Corporate Sea[) �Pri ipa a By: Name: Title: 7 rr,S� ATTEST �64;> Ar onaut`Insurance Com n Adam Firestone,Junior Underwriter (Corporate Sea]) Sure m By: Na e: abriella r tome -in-Fact ignature A o iey-iAka.11 for Surety) (Attach Attorney-in-Fact Certificate) 66 363- 42 (Area Code&T lephone Number for Surety) APPROVED AS TO F i By: Michael E.Gates,City Attomey� t 1 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. PERFORMANCE BOND Page 2 of 2 15-45 84/1 1 7 1 74 COVID-19 PERFORMANCE BOND NOTICE RIDER This Rider is executed concurrently with and shall be attached to and form a part of Bond No.: CMGP00005881 WHEREAS, on or about the day of , THARSOS, 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 Storm Water Pump Station Forebay Improvements,CC-1686 (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.: CMGP00005881 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 party'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: I. 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 18th day of July , 2022 Argonaut Insurance omp y (SURETY) By: Nam ' G briell ad Title: Attornay-irrFact COVID-19.PERFORMANCE BOND NOTICE RIDER Bond No:CMGP00005881 Premium:$6,496.00 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 Losino Stephanie Hone Shear Elizabeth Santos Stacey Garcia Matthew Dionisio,Christopher Coronel 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: 1 $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given-power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." Y. IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November,2021. Argonaut Insurance Company '° sEAi D by: 1949 r 2_ STATE OF TEXAS "•O%$ Y Gary E.Grose President COLTNTY OF HARRIS SS: ............. On this 19th day of November,2021 AI),,,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 affixeJ 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 I 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. ah� -rn. YY�,uJv:) K ATHI.EEN M MEEKS �`I'�\1j� STATE OF TEXAS MY COMM.EX P.07:75/25 �'"f OF jE�y NOTA RY ID 557902-5 (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 18th day of July 2022 . 00 i d'•• teas :2; 6'•'�..... Austin W.King Secretary 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 JUL. 1 .8 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 names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 01c LUCAS PATTERSON Notary Public California Los Angeles County Commission#2352264 Signaturey Comm.Expires Mar 19,2025 Signature of N tary Public Place Notary Seal Above OPTIONAL Though this section is optional, complet>den can deter alteration of the docum or fraudulent reattachmenn unintended document. Description of Attached Document Title or Type of Document: Docum ate: Number of Pages: Signer(s) OtAbo Capacity(ies) Claimed by Signer(s) Signer's Name: r's Name:❑Corporate Officer — Title(s): porate Officer — Title(s): ❑Partner — ❑Limited ❑Gener ❑ Partner — El Limited El General El Individual ElAttorne 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 California County of On ��l ZO 22, before me, r cL 1� , v:c�L /�j 0 Date Here Insert Name and Title of the Offs er personally appeared Y 1 1 C—�C L( Le(Je-Z 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 GRACETHI Calif K paragraph is true and correct. aMy Notary Public-CaliforniaSan Diego County > commission u 2253329 WITNESS my hand and official seal. Comm.Expires Aug 10,20Z2 n 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 Attac ocument 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 ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ Genera ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fa ❑ Trustee ❑ Guardian or Conservator p Trustee ❑ Guardian or Conservat ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association Bond No.: CMGB00013591 "AlA Document A310T"' - 2010 TNARSOS INC Bid Bond 7839 UNIVERSITY AVE, 210 CONTRACTOR: SURETY: LA MESA CA 91942 (Name, legal status and address) (Name, legal status and principal place THARSOS,INC. of business) 7839 University Avenue,Suite 210 Argonaut Insurance Company This document has important legal La Mesa CA 91942 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 Their G.A.B.) PROJECT:(Name, location or address, and Project number, if any) Storm Water Pump Station Forebay Improvements(Trash Racks,Sump Pumps,Pit Cleaning&Access Ladders) at Adams,Atlanta A&B, Bolsa Chica,Newland,Meredith,and Slater Pump Stations,CC No.1686 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 Bond construed as a statutory bond and not as a common law bond. Signed and sea thi th f ril . 2022 THARSOS INC., zfz� (Principal) (Seal) (Witness) (Title) 4 ^— — rg n ut In u,an a Company (Sure ) 0 V (Seal) (Witness) M � (Titl Ga ied Grady Attorney-in-Fact CAUTION:You should sign an original AIA Contract Document,on whit this text appear in RED.An wigina!assures that changes will not be obscured. Init. AIA Document A310T —2010.Copyright @ 1963,1970 and 2010 by The American Institute of Architec .All rights reserved.WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIR®nocument,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under tile•I.av,. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 061110 Bond No.: CMGB00013591 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 Hone Shear.Elizabeth Santos.Stacey Garcia.Matthew Dionisio 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 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 U RA SEAL a by: :. 1948 2: STATE OF TEXAS 'tL1NO`•s' Joshua C.Betz, Senior Vice President COUNTY OF HARRIS SS: ,,•'•"'""w•••••• 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 Hams,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 Hams,the day and year fast above written. KATHLEEN NI MEEKS ` L 1• � F�.t'•+' _ NOTARY PUBLIC STATE OF TEXAS MY COMM.EXP.OW 15125 NOTARY 10 557902-5 (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 15th day of April 2022 . r�L S LAL' K••'•.n1948s..i•2 1!"R.• 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 APR 15 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. WITNESS my hand and official se LUCAS PA7ERSON r Notary Public-California _ Los Angeles County Signature Commission o"2352264 Signature of Notary Public Y ' �My Comm.Expires Mar 19,2025 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 El Partner — ❑Limited ❑General El Individual ElAttorne ' 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.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) j,:6.Ai,Me CITY OF HUNTINGTON BEACH lau INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: &�4/& SUBJECT: Bond Acceptance I have received the bonds for jhacw� /Xtf-,- (Gompany Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. �i���%D/�✓ S�S�T Payment Bond (Labor and Materials) Bond No. Cn6PO �( � Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. �10��D F'm No. .?C2-- ySJr MSC No. City Clerk Vault No. �D�• 6� Other No. SIRE System ID No. 10��� g:/forms/bond transmittal to treasurer 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 August 11, 2022 Tharos, Inc. Attn: Michael Lopez 7839 University Ave., #210 La Mesa, CA 91942 Re: Storm Water Pump Station Forebay Improvements— CC No. 1686 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sin I �� Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City. Anjo, Japan -' 2000 Main Street, Huntington Beach, CA OF 0 City of Huntington Beach 92648 File #: 22-455 MEETING DATE: 6/7/2022 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, Contract Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Tharsos, Inc. in the amount of $642,355.00 for the Storm Water Pump Station Forebay Improvements Project (CC-1686); and, authorize change orders not to exceed a total of 20% Statement of Issue: On May 6, 2022 bids were opened for the Storm Water Pump Station Forebay Improvements Project (CC-1686). City Council action is requested to award the construction contract to Tharsos, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds for this project in the amount of$575,000 are budgeted within the Fiscal Year (FY) 2021-22 Capital Improvement Program (CIP). Additional funds in the amount of$300,000 are included within the proposed FY 2022-23 CIP. The recommended action moves $770,826 from account 21188006.82500 ($575,000 - Drainage Fund) and account 31440006.82500 ($195,826 - Infrastructure Fund) for this project. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Tharsos, Inc., in the amount of $642,355.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to execute change orders not to exceed 20% of the contract costs, or $128,471 . Alternative Action(s): City of Huntington Beach Page 1 of 2 Printed on 6/1/2022 powere264 Legistar�11 File #: 22-455 MEETING DATE: 6/7/2022 Reject all bids, and provide staff with alternative direction. Analysis: Following a facility assessment of the fifteen storm water pump stations, the Utilities Division has prioritized forebay improvements for the Adams, Atlanta, Bolsa Chica, Newland, Meredith and Slater stations. The forebay trash racks, which screen debris from flowing into the station pumps, have deteriorated and need to be replaced at each station. These wooden plank systems are 40+ years old and critical to maintaining the integrity of the station pumps. In addition to the trash rack replacement, each forebay will be cleaned to remove accumulated grit, debris and trash. Forebay access ladders at the Bolsa Chica, Meredith, and Slater stations are in poor condition and will be upgraded to 316 stainless steel. Due to increased costs, the City has removed the sump pump replacement scope from the contract, which reduces the lowest bid price from $896,000 to $642,355. Bids for the Storm Water Pump Station Forebay Improvements Project, CC1686, were opened on May 6, 2022, and are listed in ascending order below. For clarity, the original bid amounts (including the sump pump replacement) are listed below. Bidder Base Bid 1 Tharsos Inc. $896,000 2 RE Chaffee Construction $914,900 3 bhe & Svoboda, Inc. $961,473 Vicon Enterprise Inc. $1,040,500 5 Orion Construction Corporation $1,445,900 City staff has conducted a reference check on Tharsos Inc. and has received satisfactory reviews of their past performance on similar scale projects. Therefore, staff recommends awarding a contract to Tharsos Inc., in the amount of$642,355. The total project cost is $770,826, which includes the construction contract of$642,355 plus a twenty-percent (20%) construction contingency. Citizen's Infrastructure Advisory Board/Public Works Commission Action: The project was approved at the March 16, 2022 meeting of the Citizen's Infrastructure Advisory Board/Public Works Commission by a vote 9-0-2 (Nguyen and Schlosser absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303.c. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Vicinity Map City of Huntington Beach Page 2 of 2 Printed on 6/1/2022 powereZ5:k LeglstarT'l tea. P�G�O s9� �/ BOLSA AVE �CO NTS Q N V) co MC F DDEN AVE. U w z Q o EDING R V) AVE. J J Z p 0 coy m AVE. m o w � J � o � V Q WARNER Q Z AVE. Ld � o � SLATER o ? AVE. 405 0 CD TALBERT AVE. PACIFIC ,o ELLIS AVE. GARFIELD AVE. o � YORKTOWN AVE. � STREET LOCATION cogsT �o��� UTIC ADA g �MS AVE. 0 ---- - ST. Z Q AVE - _�-___ LANE cF INDIANAPOLIS oz AVE. ��F = < Q ATLANTA AVE. m = m :D o m o HAMILTON AVE. m OCEAN y�'}- BANNING AVE. LEGEND ARTERIAL REHABILITATION LOCATIONS REV 03/19/2012 ARTERIAL REHABILITATION SPRINGDALE AVE. CC-1428 LOCATION MAP I'jj Rt CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 of 1 252 SECTION A NOTICE INVITING ELECTRONIC BIDS FOR THE STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B. BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC NO. 1686 IN THE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Thursday, April 22, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/r)ortal.cfm?CompanylD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. SCHEDULE OF EVENTS Release of Invitation For Bids March 24, 2022 Pre-Bid Job Walk(Highly Recommended) @ 9:00 am April 5, 2022 (Meet @ Atlanta Station— 8151 Atlanta Ave.) Deadline for Written Questions April 12, 2022 Responses to Questions Posted on Web April 19, 2021 Bids are Due 2:00 p.m. April 22, 2022 A-1 Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California,which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.All areas on all forms that require signatures from an authorized agent of the company/entity submitting the bid must be signed and notarized. Failure to provide all signatures may result in disqualification of the bid. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name: Storm Water Pump Station Forebay Improvements (Trash Racks, Sump Pumps,Pit Cleaning,and Access Ladders) at Adams,Atlanta A&B,Bolsa Chica,Newland, Meredith,and Slater Pump Stations CC#: 1686 Bid Opening Date: April 22,2022,at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A—General Engineering Contractor,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: Removal and replacement of trash racks including all wood material and hardware, removal and replacement of sump pumps,pit cleaning,and access ladders at storm water pump stations located at Adams, Atlanta A&B, Bolsa Chica,Newland, Meredith, and Slater Pump Stations. The contract shall allow the Contractor 100 working days to complete the contract.All work within the forebay must be complete and all pump stations able to be fully operational by October 15, 2022. A-2 All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 29th day of June 2020,by Resolution No. 2020-39. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-3 Moore, Tania From: Christine Gonzalez <cgonzales@scng.com> Sent: Friday, March 25, 2022 9:31 AM To: Moore, Tania Cc: Switzer, Donna; Martin, John Subject: Re: NIEB - Storm Water Pump Station Forebay Improvements - CC-1686 Attachments: 11526499.pdf Cost $1,570.00, pub 3/31, 4/7 HB Wave There will be a 4% cost increase on all ads as of 4/l/2022. OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1:00 p.m. Closed Sat. and Sun. On Thu, Mar 24, 2022 at 4:44 PM Moore, Tania<Tania.Moorena,surfcity-hb.org>wrote: Hi Chrissy, Please publish the attached Notice Inviting Electronic Bids in The Wave on 3/31 and 4/7. Thank you, Tania Moore, CIVIC Senior Deputy City Clerk City Clerk's Office 714-536-5209 i tania.mooreCaD-surfcity-hb.org 2 SECTION A NOTICE INVITING ELECTRONIC BIDS FOR THE STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS,SUMP PUMPS, PIT CLEANING&ACCESS LADDERS) AT ADAMS,ATLANTA A&B, BOLSA CH ICA, NEWLAND,MEREDITH,AND SLATER PUMP STATIONS CC NO.1686 IN THE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN thatthe CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 2:00 PM on Thursday, April 22, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal websiteat: hff^c'��WWu'^�^^p+niric^^m/aortal/aortal cfm�ComaanvlD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, ands pecifications may be downloaded free at: httas //www alanetbids.com/aortal/aortal.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. SCHEDULE OF EVENTS Release of Invitation For Bids March 24,2022 Pre-Bid Job Walk(Highly Recommended)@ 9:00 am April 5,2022 (Meet @ Atlanta Station-8151 Atlanta Ave.) Deadline for Written Questions April 12,2022 Responses to Questions Posted on Web April 19,2021 Bids are Due 2:00 p.m. April 22,2022 Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry,sex,or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY.All areas on all forms that require signatures from an authorized agent of the company/entity submitting the bid must be signed and notarized. Failure to provide all signatures may result in disqualification of the bid. The bid must be accompanied by a certified check, cashier's check,or bidders bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time.The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Name: Storm Water Pump Station Foreboy Improvements (Trash Racks, Sump Pumps, Pit Cleaning, and Access Ladders) at Adams, Atlanta A & B, Balsa Chico, Newland,Meredith,and Slater Pump Stations CC#: 1686 Bid Opening Date: April 22,2022,at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A - General Engineering Contractor,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: Removal and replacement of trash racks including all wood material and hardware, removal and replacement of sump pumps,pit cleaning,and access ladders at storm water pump stations located at Adams, Atlanta A & B, Bolsa Chico, Newland, Meredith, and Slater Pump Stations. The contract shall allow the Contractor 100 working days to complete the contract.All work within the forebay must be complete and all pump stations able to be fully operational by October 15,2022. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to reiect any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTI NGTON BEACH,CALIFORNIA, the 2Mday of June 202!!,by Resolution No.2020-32. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Wave March 31,April 7,2022 Moore, Tania From: Christine Gonzalez <cgonzales@scng.com> Sent: Friday, April 8, 2022 1:06 PM To: Moore, Tania Cc: Switzer, Donna; Martin,John Subject: Re: NIEB - Storm Water Pump Station Forebay Improvements - CC-1686 Attachments: 11526499.pdf Affidavit OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1:00 p.m. Closed Sat. and Sun. On Fri, Mar 25, 2022 at 9:31 AM Christine Gonzalez <cgonzales2scn com>wrote: Cost $1,570.00, pub 3/31, 4/7 HB Wave There will be a 4% cost increase on all ads as of 4/1/2022. OC Register Legal Advertising Sales Coordinator Chrissy Gonzalez 1771 S. Lewis St. Anaheim, CA 92805 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Lunch 12 Noon to 1:00 p.m. Closed Sat. and Sun. On Thu, Mar 24, 2022 at 4:44 PM Moore, Tania<Tania.Moore(cr�,surfcit hb.org>wrote: 1 Hi Chrissy, Please publish the attached Notice Inviting Electronic Bids in The Wave on 3/31 and 4/7. Thank you, Tania Moore, CIVIC Senior Deputy City Clerk City Clerk's Office 714-536-5209 tania.moore(a)-surfcity-hb.org 2 The Tustin News 1771 S. Lewis Street Anaheim,CA 92805 714-796-2209 5192550 TUSTIN, CITY OF- LEGALADS PROOF OF PUBLICATION 300 CENTENNIAL WAY TUSTIN, CA 92780-3767 Legal No. 0011526499 FILE NO. CC-1686 Section A NIB AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Tustin News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on August 24, 1928, Case No.A-601 in and for the City of Tustin, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 03/31/2022, 04/07/2022 1 certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: April 07, 2022. C, �11—A-�- u7j Signature r.LP1-12115/16 StCT ON A NOTICE INVITING ELECTRONIC BIDS FOR THE STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS,SUMP PUMPS,PITCALEANING&ACCESS LADDERS) ADAMS,ATLANTA A&B,BOLSA CHICA,NEWLAND,MEREDITH,AND SLATER PUMP STATIONS CC NO.1686IN THE CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH as AGENCY, invites electronic bids for the above stated protect and will receive such bids Prior to 2.00 PM on Thursday, April 22, 2022, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on chi$protect via the City's PlanetBids 3 1 m Vendor Portal website at: https://www.planetbids.com/portaYODrtal.cfm?Company)i =� Copies of the bid documents, including instructions to bidders, bidder proposal form, Q[�d sp ificatio�Is m y be dogrt�1I�o�dd��d ree�rt nitps:ef�www.planet Ids.comlportal portal,cfm?CornpanylD=15340, Bidders must first register as a vendor an the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. SCHEDULE OF EVENTS Release of Invitation For Bids March 24,2022 Pre-Bid Job Walk(Highly Recommended)@ 9:00 am Aprl15,2022 (Meet @ Atlanta Station—8151 Atlanta Ave.) Deadline for Written Questions April 12,2022 Responses to Questions Posted on Web April 19,2021 Bids are Due 2:00 p.m, April 22,2022 Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem gaffes for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are available online at www,dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of eaual value to the retention in accordance with the Provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any Interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color, national origin, ancestry, sex,or religion In any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. All areas on all forms that require signatures from an authorized agent of the company/entlty submitting the bid must be signed and notarized. Failure to provide all signatures may result In disqualification of the bid. The bid must be accompanied by a certified check, cashier'scheck,or bidder's bond made payable to the AGENCY for on amount no less than 10%of the amount bid.For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time.The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows; OFFICIAL BI D SECURITY-DO NOT OPEN Protect Name: Storm Water Pump Station Foreboy improvements (Trash Racks, Sump Pump& Pit Cleaning, and Access Ladders) at Adams, Atlanta A & B, Bolso Chita,Newland,Meredith,and Slater Pump Stations CC*:1486 Bid Opening Date:April 22,2WZ at 2:00 p.m. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A — General Engineering Contractor ,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subiect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Protect Description: Removal and replacement of trash racks including all wood material and hardware, removal and replacement of sump pumps, Pit cleaning and access ladders at storm water Pump stations located at Adams, Atlanta A & Br Bofsa Chico, Newland, Meredith, and Slater Pump Stations. The contract shall allow the Contractor 100 working days to complete the contract. All work within the foreboy must be complete and ail pump stations able to be fully operational by October 15,2022. All questions related to this bid solicitation must be submitted through the City's PlanetBids r....a...... n., _[ ___ I....441...... i.. O[.J.,....f.. A.... ,LP1-1115I16 2 .Sy SICI11 VCIIOVI r-U11UI VCI IIIC IIIIVIi11UI1UI1 }IIUVIUCU III Me IIISIIUI.IIUII$ iV DIUUCIS. !illy other contact to City staff regarding this bid solicitation will be referred back to the Planet Bids system. The AGENCY reserves the right to reject any or all bids,to waive ony irregularity and to take all bids under advisement for a moximurn period of 60 days. BY M DER of the CITY COUNC I L of the CITY OF HVNTINGTON BEACH,CALI FORM IA, the h day of June 2020,by Resolution No.2020-39. Attest: /s/Robin Estanislou CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntingdon Beach Wave March 31,April 7.2G22 r.LPI-1D15/16 3 UNSUCCESSFUL BIDS CC No. 1686 Storm Water Pump Station Forebay Improvements City of Huntington Beach N _ 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk I7,Ig09 • Robin Estanislau, City Clerk August 11, 2022 Abhe & Svoboda, Inc. 880 Tavern Road Alpine, CA 91901 RE: Storm Water Pump Station Forebay Improvements—CC No. 1686 Enclosed please find your original bid bond for CC No. 1686 Sincerely, 4 Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL FOR THE CONSTRUCTION OF STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS FROM CC NO. 1686 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 80 working days,starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Exhibits, 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 C-1 agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and fling the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bi driers 13oars in the amount of /0 o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or"Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 4/z,/zz. G-z BID PROPOSAL ' CC NO.1686 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS,SUMP PUMPS,PIT CLEANING&ACCESS LADDERS) AT ADAMS,ATLANTA A&B,BOLSA CHICA, r NEWLAND,MEREDITH,AND SLATER PUMP STATIONS APPROX. UNIT PRICE ITEM NO. DESCRIPTION UNIT QUANTITY FIGURES AMOUNNTFIGURES 1 MOBILIZATION LIMITED TO 6%OF TOTAL BID LS PROVIDE ALL LABOR AND MATERIALS TO REMOVE,DISPOSE OF; AND REPLACE TRASH RACKS PER SPEC AND APPROX. 2 schedule of 4uas will he aired a AOAMS LS 1 (�? 3Sy b ATLANTA A LS 1 rV !r 1' 1 c ATLANTA 8 LS 1 ,3 )s- d BOLSA CHICA LS 1 L7 -/j 2-' e NEWLAND LS f MEREDITH LS 1 !(/�Jb/��Vry'r SLATER LS 1 / 7 j J PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING AND FURNISH AND INSTALL NEW SUMP PUMPS PER 3 SPECIFICATIONS a ADAMS EA b ATLANTA A EA 1 //k� t7�/I c ATLANTA B EA 1 3] b 6111 k d BOLSA CHICA EA 1 J J j J�Oj' e NEWLAND I EA 1 f MEREDITH EA 1 �7 ! PROVIDE ALL LABOR AND MATERIALS FOR PIT CLEANING PER 4 SPECIFICATIONS a ADAMS LS 1 L/ 'J b ATLANTA A LS 1 1� L4�� c ATLANTA B LS 1 I S Lill ' d BOLSA CHICA LS 1 e NEWLAND LS 1 �^�1 f MEREDITH LS 1 -7 —1 � SLATER LS 1 Z� I1' PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING AND FURNISH AND INSTALL NEW ACCESS LADDERS 5 PER SPECIFICATIONS ++ + d BOLSA CHICA EA 1 t O + Ir fMEREDITH. EA 1 ' II o,112.— SLATER EA 1 r 3 t y TOTAL BID AMOUNT FOR CC NO. 1686 WRITTEN IN WORDS WRITTEN IN FIGURES -r-pfnr 44,r'w %I C-3 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 Item(s) Subcontractor License Registration# Amount Contract Number ���,a2r �1ec.-�r�c� • �3 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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-4 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 5-Y za , at ALPf ire. , GA Date City State T)Ay i a G rc,,.j-r , being first duly sworn, deposes and says that he or she is ArcA Ma ajA4er of _ABbe k 5voOokk'r*Jc. 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. ABHE&SVOBOOA.INC. Name of Bidder No Seal CQZ� Signature of Bidder Address of Bidder C-5 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 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS,PIT CLEANING & ACCESS LADDERS)AT ADAMS, ATLANTA A& B,BOLSA CHICA,NEWLAND,MEREDITH,AND SLATER PUMP STATIONS, (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. ABHE&SVOBOD&INC. Contractor No Seal By Are, "dp G er Title Date: S 1-2-7-_ C-6 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ABNE&SVOBODA,INC. Contractor t4o seal By AreA MA-,j^co t r Title Date: Lhy A 2- C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ABHE&SVOBODA,INC Bidder Name ETO —Aver).J R-4 Business Address A LP('P-3 e. CA City' State Zip { 614 13zt3 ,ir��t.�grAr@�tt3hcb�sL;,�e Telephone Number Email Address !970Gp572(n A , C-3.3 1-IA-z- State Contractor's License No. and Class 3/z-lz 87 Original Date Issued 3/31/Z3 Expiration Date 000- The work site was inspected by MAaDA TouY of our office on ,202_. The following are persons,firms,and corporations having a principal interest in this proposal: k0XAW V- <SVO600s4 vc arc,Ar SVO&DDA VP 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. ABHE&SVOBODA.INC. Company Name CQ No Seal Signature of Bidder yAvG�. ca{'A��"' - ,�-r cs� /'�A-r✓AGe� Printed or Typed Signature V— C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this Lq day of M(�j ,202cl. i 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 ofGl County of �� ) On W t-} before me, Month, Day,and Year Insert Name and Title of Notary / personally appeared ry CTra r-\t' 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. JENNIFER GRANT �•*my Notary Public-Californa San Diego County Commission/2357669 Comm.Expires Jun t i,2025 Signature SigiAture of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project. For example,"Construction of(or rehabilitation of existing)trash racks and pit cleanine for City"}. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Okat l.L 6u aVt Ss+✓ilte'iieo Digrri cr-- 10Te{`( 6L s Ave. Faa,✓r*,6J Vkc,ey. CA 92-70 F Name and Address of Public Agency ;}N/a(m�a and Telephone No.of Project Manager: NYe-Yd,).►6 0 44 7/1-S93- 7 22-5 t 4"1 �.TS �Cee14-t,-e,3T 4 RAs Kpi!!3,7PMa BYPfIL�, S7rucrJraGS�reel CDA4-em beG.Z020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Yf©TGC'r iNJoly 4r CQ-4,'�Cct VA'C� IN ST�L(.ATi O•r c7- .�77�r�rg,c..57�eL1 Ci .a-&ks,v� 2. t- S,+.j Die-Go C6,5APeAge DC SAObicfo A Y2t2,3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Oen.,e,15; UJAsseAt)q - FsY-6Yy- z2/2 ,6 7-,92S, VI2, /Zon -e-'r-rn,-,—I—, p��� 5ep�. zot? Contract Amount Type of Work Date Completed Provide additional project description to show similar work: / Q rr C�7r-�44 t+e r{f SPA CC- l'G,�r`rw'-�� `�/t+�TGAi7 d►1. �2q NiN9 � H-t,GCS" F f- Tr,,jc l% Go,�4-cr-c �To� 7 s a � �2e�( 3. Mt-r,.(pUl A,-. Lo,,t-re, FS7'liGT- 7ol 0. AtA.--d . 51; Us A j9 J � goo/a Name and Address of Public Agency Name and Telephone No.of Project Manager: J-0 4,d V/rU LO VI k 213-Zt 7- a�SYy, Si `; t?o(nr�+r�o (�; rcr f�y�d�cT'.5ur5 , 6.6,, r Di5c4 6c In'k i 201 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: fJ646 r'coerto,J c. PP!;7- ct,o �/T.rv�r qwn/�/�teeL�51`Cle- 6ALes C-t 1 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. oL CAa Jr- Name of proposed Project Manager Telephone No. of proposed Project Manager: 132� P03f- C44JJ ye S,*we,7-rt?N (Jeltr`,pr oea OtJ PR6G C-)1) Sep.- z0q Project Name& Contract Amount Type of Work Date Completed C !ZA Sorest C Eger Dts"Rorce (deseryt(oa o,J PAGQ C-!t) MA zot9 Project Name& Contract Amount Type of Work Date Completed �,ASS,SSA Coc,);ef Acre,, its! s,T-,�vre- POtA6 0.-U(x Vl-k-"cri; J-A-J 7.021 Project Name&Contract Amount Type of Work Date Completed 2. J-"e.s Aje.ss Name of proposed Superintendent Telephone No.of proposed Superintendent: 41, 7-4 J,, G 7`{ ;P-eee rs 7-- TQ-)K 22 'ry 6,)cr<7-a Ur.J-rz 10A-? Zo 2-Z- Project Name&Contract Amount Type of Work Date Completed ,e�yL)rtl v� 4cass S7ruerore 4 hagi(';6110 a Re NA6 04 UG Uk0trs J a,J z QZt Project Name& Contrast Amount Type of Work Date Completed -#-7,a 551,S'P3 ke,PA�ir U(-6D-.re —re "1e6 .ti �;- UG.( -je-rere7-,.jfer •J uue, ZOZO 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=displayP WCRegistrationForm 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. ABHE&SVOBODA,INC. Contractor o seal By DA vJ. Af 6o� r b le.Co.-A Email Title Date: S r 2Z- PWC Registration#: C-13 ABHE& SVOBODA, INC. CERTIFICATE OF SECRETARY And POWER OF ATTORNEY I,Roxane Svoboda; Secretary of Abhe& Svoboda,Inc.do hereby certify that: I am the Secretary of Abhe&Svoboda,Inc., a Minnesota corporation(the "Corporation"); I am authorized to execute this Certificate of Secretary on behalf of the Corporation; The attached Minutes of the Meeting of the Board of Directors held on December 31, 2021,is a true and exact copy of the original resolution unanimously adopted by the Board of Directors of Abbe& Svoboda, Inc., at their meeting held on December 31,2021, and that the resolution contained therein remains in full force and effect, and that the resolution has not in any way been amended,modified or rescinded. IN WITNESS WHEREOF,I hereby certify that Abhe& Svoboda,Inc. has no corporate seal,and I have hereunto affixed my hand this day of Ta.no n t`u ,2022. I' Roxane Svoboda,Secretary ABBE& SVOBODA,INC. MINUTES OF MEETING OF BOARD OF DIRECTORS December 31,2021 THIS IS TO CERTIFY: That at a meeting of the Board of Directors of ABBE&SVOBODA,. INC.,a corporation under the laws of the State of Minnesota,duly held on December 31,2021,. the following resolutions were adopted: RESOLVED that the following persons be,and they hereby are,elected officers of the corporation to serve until the next annual meeting of the Board of Directors or until their successors are elected and qualify, subject to their earlier death,disqualification,resignation,or removal: Name Office Gail Svoboda President and Treasurer Roxane Svoboda Vice President and Secretary James Svoboda Vice President Don Holle Vice President for Quality Control and Safety Thomas Stockert Chief Financial Officer EXECUTION OF BIDS RESOLVED that any one(1) of the following officers are hereby authorized to sign and execute such bids on behalf of Abhe& Svoboda,Inc.as the Company,in the ordinary course of business,may submit for work that the Company proposes to perform: Name Office Gail Svoboda President and Treasurer Roxane Svoboda Vice President and Secretary James Svoboda Vice President Don Holle Vice President for Quality Control and Safety David Grant Area Manager Nicholas Schmid Area Manager Russell Wassenberg Area Manager Ronald Boyd Area Manager Ryan Glen Project Manager L.E.Niemann Project Manager Paul Meyer Project Manager RESOLVED FURTHER that the Board of Directors may,from time to time,appoint other officers or employees to sign and execute bids on behalf of Abhe& Svoboda,Inc. RESOLVED FURTHER that the Board of Directors may,from time to time appoint other officers or employees to sign and execute contracts on behalf of Abhe& Svoboda,Inc. IN WITNESS WHEREOF, I hereby certify that Abhe& Svoboda,Inc. has no corporate seal, and I have hereunto affixed my hand this 3 1"of December,2021. Roxane Svoboda, Secretary NO SEAL voboda,Director Roxanc Svoboda,Director ADDENDUM NO. I For STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B. BOLSA CHICA, NNEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC No. 1686 in the CITY OF HUNTINGTON BEACH � 1 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431,Fax(714)374-1573 April 21, 2022 Notice To All Bidders: Please note the following clarifications to the Bid Package and Project Specifications: 1. THE FOLLOWING SECTIONS ARE MODIFIED TO REFLECT A NEW BID DATE/TIME OF APRIL 29,2022 AT 2:00 PM a. COVERITITLE SHEET b. NOTICE INVITING BIDS c. INSTRUCTIONS TO BIDDERS Expect a follow-up Addendum No.2,which is anticipated to provide additional clarification on materials for trash racks as well as timelines related to NTP,execution and timing of work,and working days allocation. It may also include an additional, minimal time extension to the bid date This acknowledges receipt and review of Addendum Number One,dated April 21,2022. ABHE&SVOBOD&INC. Company Name By s/-//z Date All bidders must acknowledge and include the receipt of this Addendum with Your bid proposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949) 677-0391 within 24 hours of posting. ADDENDUM NO. 2 For STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC No. 1686 in the CITY OF HUNTINGTON BEACH e 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714) 536-5431, Fax (714)374-1573 April 27, 2022 Notice To All Bidders: Please note the following clarifications to the Bid Package and Project Specifications (all new information shown in italics (except new graphics which are considered to be complete revisions): 1. THE FOLLOWING SECTIONS ARE MODIFIED TO REFLECT A NEW BID DATE/TIME OF MAY 6,2022 AT 2:00 PM a. COVER/TITLE SHEET b. NOTICE INVITING BIDS c. INSTRUCTIONS TO BIDDERS 2. SECTION A — NOTICE INVITING BIDS IS HEREBY REVISED TO READ: The contract shall allow the Contractor 100 working days to complete the contract. All work within the forebay must commence on April 17, 2023 and be complete and all pump stations able to be fully operational by September 30, 2023 3. SECTION B — INSTRUCTIONS TO BIDDERS IS HEREBY AMENDED TO READ: 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material. Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. Due to the amount of time between procurement of materials and issuance of a Notice To Proceed corresponding to a construction start date of April 17, 2023, the contractor will be required to procure ALL materials for this job as soon as physically possible following submittal and subsequent approval of shop drawings and materials specification information and store said materials in a secure location protected from the environment and held and designated specifically for this project until such time as the materials are to be incorporated into the project. 4. SECTION 3-8 SUBMITTALS OF SPECIAL PROVISIONS IS HEREBY AMENDED TO READ: The contractor shall be required to provide submittals for all materials for trash rack wood and hardware elements, sump pumps, and access ladders. In addition to material submittals, the contractor will also be required to submit a shop drawing type sketch that details the contractors anticipated construction of the trash rack at the various connection points (i.e. — bay floor, vertical support columns, horizontal cross beams, forebay walls). This includes but is not necessarily limited to preparation of all required fabricationlshop drawings and submittals for trash racks, and other ancillary materials, etc. The approximate measurements shown in these specifications MUST be verified by the Contractor. Each of the trash rack/bar screens must be measured and a fabrication/shop drawing prepared for each. The design and anchorage of the trash racks must be provided as a submittal prior to ordering of materials and shall be done so in a format that is scalable on standard size media (i.e. —8-1/2" x I I" or 11" x 17" or 24" x 36'). This work element shall begin immediately following execution of all contract documents and issuance of a Purchase Order and separate Notice To Proceed for procurement of materials by the City. Provisions for payment for field and office/administrative work necessary to comply with this provision will be eligible for payment by the City providing adequate detailed information relative to actual manpower and equipment expended is well documented and is within a reasonable amount relative to the full value of the contract as determined by the City. 5. SECTION 6-1.1 CONSTRUCTION SCHEDULE OF SPECIAL PROVISIONS IS HEREBY REVISED TO READ: The Contractor's proposed construction schedule shall be submitted to the Engineer- •= by March 1, 2023 The schedule shall be supported by proof of materials that were previously procured and secured by the contractor solely for inclusion into this project are available, dedicated, and able to be incorporated into this project immediately. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule, verification of materials on hand and ready for incorporation into the project ee; arrange utility coordination, discuss construction methods, and clarify inspection procedures. The construction schedule shall be prepared to the satisfaction of the Engineer and revisions will be made at no cost to the AGENCY. The Contractor shall submit progress reports to the Engineer on a bi-weekly basis. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6. SECTION 6-1.2 COMMENCEMENT OF WORK OF SPECIAL PROVISIONS IS HEREBY REVISED TO READ: A Notice To Proceed for construction will be issued by the City upon approval of the contractor's construction schedule that shows a construction commencement date of April 17, 2023 for construction. A separate Notice To Proceed for preparation of shop drawings and procurement of materials will be issued by the City consistent with Section 3-8 "Submittals"of the Special Provisions. Progress schedules will be required for this contract and shall conform to the requirements of these special provisions. Progress schedules shall utilize the Critical Path Method (CPM) and shall be prepared and provided in either Microsoft Project or Excel. 7. SECTION 7-3 PAYMENT OF SPECIAL PROVISIONS IS HEREBY AMENDED TO INCLUDE: 7-3.1 General Provisions for payment for field and office/administrative work necessary to comply with Section 3-8 "Submittals" of these Special Provisions will be eligible for payment by the City providing adequate detailed information relative to actual manpower and equipment expended is well documented and is within a reasonable amount relative to the full value of the contract as determined by the City.. S. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY VERIFIED TO READ AS IT PERTAINS TO THE TIMBER MATERIALS TO BE PROCURED AND SUPPLIED FOR THIS PROJECT Contractor will furnish and install new trash rack pressure treated redwood timber (this is not an either/or—it is a bothland meanin-Z it is redwood that is pressure treated) planks, posts, horizontal supports, etc. and/or . . . 9. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY AMENDED TO PROVIDE CLARIFICATION FOR STEEL MEMBERS FOR THE SLATER TRASH RACK Horizontal and vertical steel beams are W6 x 20 and procured and/or modified to the proper length to match existing conditions (as shown in the measurements included on the photo exhibit(s)). 10.APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY AMENDED TO REPLACE THE FOLLOWING PHOTO EXHIBIT a. Atlanta A Photo Exhibit is hereby replaced with the attached Photo Exhibit Atlanta Trash Rack 4/26/2022 106" fiorizontaC,10'vertical (36 38"� ( 5"XS1Q'flab stock'vert�ca�h (36��8"X 2 5" X 1W'�flat stickvertical , y�� � 1 1 S` Atlanta A WIDTH: 18.5' DEPTH: (Finished surface outside of pit to bottom of pit): 20'11" GRATING HEIGHT: (From bottom of pit to top of grating): 13' This acknowledges receipt and review of Addendum Number Two, dated April 26, 2022. ABHE&SVOBODA,INC. Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949) 677-0391 within 24 hours of posting. Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and princ pal place of business) Abhe&Svoboda,Inc. Western Surety Company 880 Tavern Road 151 N Franklin Street This document has important legal Chicago,IL 60606 consequences. Consultation with Alpine,CA 91901 an attorney is encouraged with OWNER: respect to its completion or (Name, legal status and address) modification. City of Huntington Beach Any singular reference to 2000 Main Street Contractor,Surety,Owner or Huntington Beach,CA 92648 other party shall be considered BOND AMOUNT: I plural where applicable. Ten Percent(10%)of Total Amount Bid PROJECT: (Name, location or address,and Pr ject number,if any) Storm Water Pump Station Forebay Improvements(Trash Racks,Sump Pumps,Pit Cleaning,and Access Ladders)at Adams,Atlanta A&B,Bolsa Chica,Newland,Meredith,and Slater Pump Stations,CC#:1686 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 seale this 22nd day of April,2022. No Seal r, Abhe&Svoboda.Inc. (Principal) (Seal) Hess) — /¢/'l.¢ rJ P itle) Western Surety Company (Suret� (Seal) fitness) (Title) Ted J nsen,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond j hiProducers (NASBP) (www.nasbp.org)makes this form document available to its members, affiliates, and i associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A310-2010,Bid Bond. SURETY ACKNOWLEDGMENT State of Wisconsin ) )ss County of Polk ) On this 22nd day of April 2022 , before me appeared Ted Jorgensen to me personally know, who being by me duly sworn, did say that(s)he is the Attorney-in-Fact of Western Surety Company , a corporation,that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Ted Jorgensen acknowledged said instrument to be the free act and deed of said corporation. RACHEL THOMA9 Notary Public, State of Wisconsin Notal Pubic Polk County, Wisconsin My commission expires 6/21/2025 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint R. W. Frank, Nicole Stillings, Rachel Thomas, Joshua R. Loftis, Ted Jorgensen, Sandra M. Engstrum, Melinda C. Blodgett, R. C. Bowman, Brian J. Oestreich, Lin Ulven, Emily White,Nathan Weaver, C. White,Individually of Minneapolis,MN,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of December,2021. WESTERN SURETY COMPANY yet?S�1RET p's, W ZS � �N DPK aul T.Bruflat,Vice President State of South Dakota 1 Jj County of Minnehaha ss On this 21st day of December,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires :.......N1.gENT•......` i 6EAL NOTARY PUBLIC SEAL+ Much 2,2026 ,SOUTH oAKora�, M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 22nd day of April 2022 WESTERN SURETY COMPANY L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. N? 34'72 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDED Certificate of Authority Tres Is To CERTwy,That,pursuant to the Insurance Code of the State of California, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA ,organized under the laws of SOUTH DAKOTA ,subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate,the following classes of insurance: SURETY and LIABILITY as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tms CFxnFICATE 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 ter be changed or amended. IN WrrNFss Wm=oF,effective as of the—_21.8T-_------day of- MARSH. _, I9ZS_, I have hereunto set my hand and caused my official seal to be affixed this_21ST— day of-- MARCH ,I9 75 . Fee WESLEY J. KINDER Innuraw4 Commisaki r Rec.No. -� Filed By �C' Gti' J D eputV 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 Ins.Coda Sec.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. FORM ce-8 um•Mn 7.13 W uul m on COr O � O 31 � oq 3 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www•huntingtonbeachca.gov Office of the City Clerk 1) �g09• Robin Estanislau, City Clerk August 11, 2022 Mike Bubalo Construction Co., Inc. 5102 Gayhurst Ave. Baldwin Park, CA 91706 RE: Storm Water Pump Station Forebay Improvements—CC No. 1686 Enclosed please find your original bid bond for CC No. 1686 Sincerely, 7-4 �41udj� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City: Anjo, Japan BID BOND KNOW ALL BY THESE PRESENTS,That we, MIKE BUBALO CONSTRUCTION CO., INC. of 5102 GAYHURST AVE. BALDWIN PARK, CA 91706 (hereinafter called die Principal), as Principal, and GREAT AMERICAN INSURANCE COMPANY (hereinafter called the Surety),as Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT Dollars ($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH,That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for STORM WATER PUMP STATION FOREBAY IMPROVEMENTS AT ADAMS, ATLANTA A& B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS. NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful perfornnance of the said Contract, then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this 13TH day of APRIL 2022 MIK 0 C TRUCTI CO., INC. (Seal) Principal Witness s Title GREAT AMER IC S_URAJ4CE POMPANY Witness B , Y Attorney-in-Fact 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 truthfullness,accuracy,or validity of that document. State of California SS. County of Los Angeles On APRIL 19, 2022 before me, Anton Brkic, Notary Public, personally appeared Dave Sorem, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 . *my ANTON BRKIC Notary Public-California Los Angeles County Commission#2331324 Comm.Expires Aug 11,2024 nton c, Notary Public (Notary Seal) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 0 FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 20974 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREATAMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attomey-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power PHILIP E.VEGA ALL OF ALL KEVIN VEGA COVINA,CALIFORNIA $100,000,000 BRITTON CHRISTIANSEN MYRNA F.SMITH This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 9TH day of FEBRUARY 2021 Attest GREATAMERiCAN INSURANCE COMPANY 0!1. /` . .3 '.� o, 4�� Assistant Secretary Divisional Senior lice President STATE OF OHIO,COUNTY OF HAMILTON-ss: MARKwCAtao(877-377-2405) On this 9TH day of FEBRUARY 2021 ,before me personally appeared MARK ViCARIO,tome known, being duty sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. SUSAN A KOHORST ' Notary Public a State of Ohio / My Comm.Expires May 18,2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional rice Presidents and Divisona/Assistant rice Presidents,or any one of there,be and hereby is authorized,from titre to time,to appoint one or more Attorneys-in-Fact to execute on behalf of tine Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof-to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any there. RESOLVED FURTHER: Thai the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond undertaking,contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1,STEPHEN C.B ERA HA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 13th day of April , 2022 • Assistant Secretary S1029AH(03/20) 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 04/13/2022 before me, PHILIP VEGA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared KEVIN VEGA,ATTORNEY-in-FACT Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name( is/are subscribed to the within instrument and acknowledged to me that he/she/t'heay executed the same in his/Ptt0heir authorized capacity(fe& and that by his/mr/thei4 signatureN on the instrument the person('S�, or the entity upon behalf of which the personN 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. *my PHILIP VEGA WITNESS my hand and o cial al. Notary Public-California Los Angeles County Commission#2327592 Comm,Expires May 31,2024 Signature Sign 13 otary 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: ©2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 c O m +1 fN {) c n- v E E ai a > L O cu a � � z a m 0 -0 m o F- 4J cu t N O lO O O U = +' U O z LL J _0 m 00 ai N + p � O a v �O Q> O1 O °J N N V) U N �° a co rq H Y ^ j "O 00 W N L f� a �, = N O f0 m *k E d Q f4 i--I Z a z v c m v a E °' u Q m O �? U twit L to Z U O r+ v O °J co +v+ N. `^ v ro m m m 3 U :EJ a Y Q E u U t u m a t� C L h cu ^ C LL N mO v L m a O 06 aO+ �j NJ z Q m do aJ m u m 41 = in aL.. Z 2 c G .i t/Y 0 Q O O .0 I— m Z E +� p Z Q u a N = City of Huntington Beach ,.Y. 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk 17,1909 Robin Estanislau, City Clerk August 11, 2022 Mehta Mechanical Company, Inc. dba MMC, Inc. 5901 Fresca Drive La Palma, CA 90623 RE: Storm Water Pump Station Forebay Improvements— CC No. 1686 Enclosed please find your original bid bond for CC No. 1686 Sincerely, 4q4oL� 7i6?� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City: Anjo, Japan Document A310T"' w - 2010 Bid Bond Bid Bond No:N/A CONTRACTOR: SURETY: (Aranre, legal status and address) ('Vatne, legal status and principal place Mehta Mechanical Company, Inc. of business)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 (Name.legal status and address) respect to its completion or modification. City of Huntington Beach 2000 Main Street 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: ('game,location or address,and Project number, if any) Storm Water Pump Station Forebay Improvements(Trash Racks,Sump Project Number,if any:CC#: 1686 Pumps, Pit Cleaning,and Access Ladders)at Adams,Atlanta A&B, Bolsa Chica, Newland,Meredith,and Slater Pump Stations 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 arnount 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 all 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 tern 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 April 2022 G '� Mehta Mechanical Company, Inc.dba MMC,Inc. (Principal) (Seal) (Witness) (Title) L- l Ll 20 LZ Old Republic Sure m a _ (Sure (Seal) (Witness) (Title) Emilie George,Attor y-in-F AIA Document A310TM—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This ALA` Init. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"document,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 01127/2012 07:23:12 under the terms of AIA Documents-on-Demand'"'order no. 2008397483,and is not for resale.This document is licensed by The American Institute or Architects for one-time use only,and may not be reproduced orior to its comnletion.nr.,,,n CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 Anotarypublic or other officer completing this certificate verifies only the identitycifthe individual who signed thedocurnent to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State ofCalifornia \J[8Dge � County of � J. Smith, Notary Public On before me,— -Dote Here Insert Name and Title of the Officer Emilie George personally appeared Nome(�)ofJ�gner(s) who proved tomeon the basis ofsadVlactoy evidence tobe the peson(s)whose namw(u) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized copachy(iaa),and that byhis/he»/the|r signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. < Signature "7)nd �q"k Place Notary Seal ondl'or Stomp Above u6nntuneor/vozog/Public OPTIONAL Completing this information can deter alteration of the document or f'cludtjjc-nt reattachment of this form to art unintendod document Description of Attached Document Title or Type of Document: 1 Document Date- Number of Pages: I Signer(s) Other Than Named Above'. CapacityiIes) Claimed by Signer(s) Signer's Name: Signer's Name: o Corporate Officer—Tit El Individual 0 Attorley in Fact 0 Individual 0 Attorney in Fact 11 Trustee ri Guardian or Conservator 0 Trustee 11 Guardian or Conservator n Other: 0 Other: Signer is Representing: Signer is Representing:....__ OtJ019 National Notary Association * 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 Attorneys)-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 (ii) 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 Qo:, - SEAL > As �__mt Secreta -- * President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS On this 16th day of April 2021 personally came before me, Alan Payllc 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. T .-Ft O7A'�'•A`8��°�'• Notary Public My Commission Expires: September 28, 2022 CERTIFICATE of(Expiration Ex( p' 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 fu!! 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 is force. 'WJa�,c—ft Fr`C� 19th Aril 2022 749092 =o SEAL >'= Signed and sealed at the City of Brookfield,WI this day of p ae ORSC 22262(3-06) Assist t 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 prAY►ge ) I_ On 04- a0-2.2 �beforeme, A ) SbrOH , n0zlory public , Date _ Here Insert Name and T le of the Officer personally appeared n'ieAl 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. amy ALNAS.SHROFF WITNESS my hand and official seal. Notary Public-California Oranmissie County Commission q 2383649 Comm.Expires Dec 13,2025 Signature Ao" 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 as v � c� Cl� c� L CIA �S 0 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 August 11, 2022 Orion Construction Corporation 2185 La Mirada Drive Vista, CA 92081 RE: Storm Water Pump Station Forebay Improvements—CC No. 1686 Enclosed please find your original bid bond for CC No. 1686 Sincerely, q4�da4d� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City. Anjo, Japan SECTION C PROPOSAL FOR THE CONSTRUCTION OF STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS FROM CC NO. 1686 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 80 working days, starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Exhibits, 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 C-1 ADDENDUM NO. 1 For STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC No. 1686 in the CITY OF HUNTINGTON BEACH J J L� 8 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431,Fax(714)374-1573 April 21,2022 Notice To All Bidders: Please note the following clarifications to the Bid Package and Project Specifications: 1. THE FOLLOWING SECTIONS ARE MODIFIED TO REFLECT A NEW BID DATE/TIME OF APRIL 29,2022 AT 2:00 PM a. COVER/TITLE SHEET b. NOTICE INVITING BIDS c. INSTRUCTIONS TO BIDDERS Expect a follow-up Addendum No. 2,which is anticipated to provide additional clarification on materials for trash racks as well as timelines related to NTP, execution and timing of work,and working days allocation.It may also include an additional, minimal time extension to the bid date This acknowledges receipt and review of Addendum Number One, dated April 21,2022. Orion Construction Corporation _ Company Name By V.r ILA � Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949)677-0391 within 24 hours of posting. ADDENDUM NO. 2 For STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC No. 1686 in the CITY OF HUNTINGTON BEACH 3 F 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431,Fax(714)374-1573 Apri127,2022 Notice To All Bidders: Please note the following clarifications to the Bid Package and Project Specifications (all new information shown in italics (except new graphics which are considered to be complete revisions): 1. THE FOLLOWING SECTIONS ARE MODIFIED TO REFLECT A NEW BID DATEMME OF MAY 6,2022 AT 2:00 PM a. COVER/TITLE SHEET b. NOTICE INVITING BIDS c. INSTRUCTIONS TO BIDDERS 2. SECTION A — NOTICE INVITING BIDS IS HEREBY REVISED TO READ: The contract shall allow the Contractor 100 working days to complete the contract. All work within the forebay must commence on April 17, 2023 and be complete and all pump stations able to be fully operational by September 30, 2023 3. SECTION B — INSTRUCTIONS TO BIDDERS IS HEREBY AMENDED TO READ: 15.Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. Due to the amount of time between procurement of materials and issuance of a Notice To Proceed corresponding to a construction start date of April 17, 2023, the contractor will be required to procure ALL materials for this job as soon as physically possible following submittal and subsequent approval of shop drawings and materials specification information and store said materials in a secure location protected from the environment and held and designated specifically for this project until such time as the materials are to be incorporated into the project. 4. SECTION 3-8 SUBMITTALS OF SPECIAL PROVISIONS IS HEREBY AMENDED TO READ: The contractor shall be required to provide submittals for all materials for trash rack wood and hardware elements, sump pumps, and access ladders. In addition to material submittals, the contractor will also be required to submit a shop drawing type sketch that details the contractors anticipated construction of the trash rack at the various connection points (i.e. — bay floor, vertical support columns, horizontal cross beams, forebay walls). This includes but is not necessarily limited to preparation of all required fabricationlshop drawings and submittals for trash racks, and other ancillary materials, etc. The approximate measurements shown in these specifications MUST be verified by the Contractor. Each of the trash rack/bar screens must be measured and a fabrication/shop drawing prepared for each. The design and anchorage of the trash racks must be provided as a submittal prior to ordering of materials and shall be done so in a format that is scalable on standard size media (i.e. —8-1/2" x 11" or 11" x 17" or 24" x 36"). This work element shall begin immediately following execution of all contract documents and issuance of a Purchase Order and separate Notice To Proceed for procurement of materials by the City. Provisions for payment for field and office/administrative work necessary to comply with this provision will be eligible for payment by the City providing adequate detailed information relative to actual manpower and equipment expended is well documented and is within a reasonable amount relative to the full value of the contract as determined by the City. 5. SECTION 6-1.1 CONSTRUCTION SCHEDULE OF SPECIAL PROVISIONS IS HEREBY REVISED TO READ: The Contractor's proposed construction schedule shall be submitted to the Engineer•- ' by March 1, 2023 4'-@ __Pfflftofflset F- `he Gentmets . The schedule shall be supported by proof of materials that were previously procured and secured by the contractor solely for inclusion into this project are available, dedicated, and able to be incorporated into this project immediately. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule, verification of materials on hand and ready for incorporation into the project , arrange utility coordination, discuss construction methods, and clarify inspection procedures. The construction schedule shall be prepared to the satisfaction of the Engineer and revisions will be made at no cost to the AGENCY. The Contractor shall submit progress reports to the Engineer on a bi-weekly basis. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6. SECTION 6-1.2 COMMENCEMENT OF WORK OF SPECIAL PROVISIONS IS HEREBY REVISED TO READ: A Notice To Proceed for construction will be issued by the City upon approval of the contractor's construction schedule that shows a construction commencement date of April 17, 2023 for construction. A separate Notice To Proceed for preparation of shop drawings and procurement of materials will be issued by the City consistent with Section 3-8 "Submittals"of the Special Provisions. Progress schedules will be required for this contract and shall conform to the requirements of these special provisions. Progress schedules shall utilize the Critical Path Method (CPM) and shall be prepared and provided in either Microsoft Project or Excel. 7. SECTION 7-3 PAYMENT OF SPECIAL PROVISIONS IS HEREBY AMENDED TO INCLUDE: 7-3.1 General Provisions for payment for field and office/administrative work necessary to comply with Section 3-8 "Submittals" of these Special Provisions will be eligible for payment by the City providing adequate detailed information relative to actual manpower and equipment expended is well documented and is within a reasonable amount relative to the full value of the contract as determined by the City. 8. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY VERIFIED TO READ AS IT PERTAINS TO THE TIMBER MATERIALS TO BE PROCURED AND SUPPLIED FOR THIS PROJECT Contractor will furnish and install new trash rack pressure treated redwood timber this is not an either/or—it is a both/and meanitm it is redwood that is pressure #reate I Tanks.posts, horizontal supports,etc.and/or. . . 9. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY AMENDED TO PROVIDE CLARIFICATION FOR STEEL MEMBERS FOR THE SLATER TRASH RACK Horizontal and vertical steel beams are W6 x 20 and procured and/or modified to the proper length to match existing conditions (as shown in the measurements included on the photo exhibit(s)). 10. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY AMENDED TO REPLACE THE FOLLOWING PHOTO EXHIBIT a. Atlanta A Photo Exhibit is hereby replaced with the attached Photo Exhibit Atlanta Trash Rack 4/26/2022 106"horizontal, 10'vertical . (36)3/8"X 2.5"X 10'flat stock vertical 106'horizontal,ICY vertical (36)3/8"X 2.5"X 10'flat stock vertical Ilol S 9 a� I a r+ rs Atlanta A WIDTH: 18.5' DEPTH: (Finished surface outside of pit to bottom of pit): 20'11" GRATING HEIGHT: (From bottom of pit to top of grating): 13' This acknowledges receipt and review of Addendum Number Two, dated April 26,2022. Orion Construction Corporation Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid rp oposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949) 677-0391 within 24 hours of posting. SECTION C PROPOSAL FOR THE CONSTRUCTION OF STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS FROM CC NO. 1686 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 80 working days,starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Exhibits, 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 C-1 agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may,at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find Bid Bond in the amount of` Ltg, which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond for_%", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 21 I 2 2 C-2 BID PROP §& CC NO. 1686 STORM WATER PUMP STATION FORE13AY IMPROVEMENTS ' (TRASH RACKS,SUMP PUMPS,PIT CLEANING&ACCESS LADDERS) 4 AT 4 ADAMS,ATLANTA A&B,BOLSA CHICA, NEWLAND,MEREDITH,AND SLATER PUMP STATIONS APPROX U►bT PIS ITEM NO. DESCRIPTt N WIT QUANTITY ►BSI AMOUNT tFIGURESI 1 MOBILIZATION(;LIMITED TO 6%OF TAL BI 1 LS 1 1 ► tPAOVIDE ALL LABOR AND MATERIALS TO REMOVE,DISPOSE OF, AND REPLACE TRASH RACKS PER SPEC AND APPROX SF (A 2 9ch0dila of vaY►es wit be l AMS S 1 b ATLANTA A �__ LS 1 c-ATLANTA B LIS 1 d'".BOLSA CFI ,_CA LS 1 y e' LS 1 d f;MEREDITH LS 1 SLATER LS 1 " ROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE OF EXISTING AND FURNSHAND INSTALL NEW SUMP PLIMPS PER 3 iSPEClFfCATPM _.. .... a�AOA EA 1 b ATLANTA A EA 1 - "LOUD - cIATLANTA 6 - EA 1 b dSBOLSA CHICA e NEW AND EA 1 f`MEREQIV EAt '. PROVIDE ALL LABOR AND MATERIALS FOR PIT CLEANNG PER 4 SPECIFICATIONS a ADAMS LS t b ATLANTA A LS 1 c ATLANTA B j:.. LS d BOLSA CHCA 1 e NEW AND LS......... 1 IMEREP,ITH LS m.. E. SLATER LS LS 1 PROVIDE ALL LABOR AND MATERIALS TO REMOVE AND DISPOSE' OF EXISTING AND FURNISH AND INSTALL NEW ACCESS LADDERS gM§PECAFlrA-VONS d:BOLSACHICA EA VMEREDITH E 1 V\,V� ikq51� (SLATER TOTAL BID AMOUNT FOR CC NO. 1686 WRITTEN IN WORDS WRITTEN IN FIGURES one. m\\\ on �t�ndre,C� Sror�-c. co C-3 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 Item(s) Subcontractor License Registration 4 Amount Contract Number By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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-4 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 5/4/22 ,at Vista CA Date City State Richard Dowsing , being first duly sworn, deposes and says that he or she is President of Orion Construction Co oration 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. Orion Construction Corporation Name of Bidder Signature of Bidder 2185 La Mirada Dr.Vista,CA 92081 Address of Bidder C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 Ni�aa,.. r���"d.�� '�C �,�aa"� �vK��K .,,�y��A�.�.� .y�'�,axz •-x� ?.��`�3�a 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 nia _ ) County of L ) On I before me,. '{ W1C ate , Here Insert �arel fficer personally appeared .,. :A 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 the State of California that the for ng paragraph is true and SARANA.NEWELt. WITNESS and an official se o � s Notary Fublk-California LL ` - san Diego Couixy � �``` Cammission of 2377�06 Si natur +�r•a••' �My Gxnrn.Expires Od 4,2025 + 9 ature o ry Pt�rlic 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, f Document: Document Date: Number of. Pages.-, Signer(s) Other Than Named Above: Capacity(ies) Claimed 6y5igner(s) Signer's Name: µ Signer's Name: O Corporate Officer — Title(s): , ❑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: n.w ..❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 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 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS,SUMP PUMPS,PIT CLEANING&ACCESS LADDERS)AT ADAMS, ATLANTA A&B,BOLSA CHICA,NEWLAND,MEREDITH,AND SLATER PUMP STATIONS,(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. Orion Construction Corporation Contractor By Richard Dowsing, President Title Date: 05/04/2022 C-6 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 M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Orion Construction Corporation Contractor By Richard Dowsing, President Title Date: 05/04/2022 C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Orion Construction Corporation Bidder Name 2185 La Mirada Dr. Business Address Vista CA 92081 City, State Zip 760 ) 597-9660 estimating@,orionconstruction.com Telephone Number Email Address 549309 State Contractor's License No. and Class 11/22/1988 Original Date Issued 11/30/2022 Expiration Date The work site was inspected by Chris Arnold of our office on Aril 5th 2022 , The following are persons, firms, and corporations having a principal interest in this proposal: Orion Construction Corporation Richard Dowsing 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. Orion Construction Corporation Company Nam Signature of Bidder Richard Dowsing,President Printed or Typed Signature C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this 04 day of May ,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 Califomia ) County of San Diego ) On May 4, 2022 before me, Sarah A. Newell, Notary Public Month,Day,and Year Insert Name and Title of Notary personally appeared Richard Dowsing 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. 0mySAMHA.NEWELL Notary Public•CaNfornia San Diego County Commission d 2377406 Comm.Expires Oct 4,2025 Sign e ature 6f Notary Public (PLACE NOTARY SEAL ABOVE) C-10 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project.For example, "Construction of or rehabilitation of existing)trash racks and pit cleaning for City"I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of San Diego,9573 Chesapeake Dr.San Diego,CA 92123 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sal Younan,(858)495-7987 $3,441,707.20 5 sewer pump stations and dual force main 08/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project included u4VXadS1Ao 5 sewer pumg stations inchtdingsig&nin of wet well its. construction of emergency overflow tank,replacing discharge piping and valves,construction of concrete valve vaults,working in confffiR spaces. 2. Dept.of the Navy-NAVFAC Southwest,750 Pacific Hwy.San Diego,CA 92132 Name and Address of Public Agency Name and Telephone No. of Project Manager: Leslie Wiegand,(619)532-7774 $872,121.00 Repair to wastewater pump stations 03/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project was for repair and upgrades to a sewer lift station on Naval Base San Diego,including cleaning of the wet well pit,repairing concrete surfaces and coating the wet well with 100%solids epoxy,replacing pumps and piping, instaiiing anu operafing a temporary tiypaFs pumping sys em du ring like upgra es,wo mg In Wconlrnea spaces. 3. City of San Diego,9573 Chesapeake Dr. San Diego,CA 92123 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jeff Cramoline,(619)533-3156 $1,508,287.28 Emergency design& repair of storm drain 05/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: The project included cleaning and removal of sediment in existing storm drains, removal of failed 36-inch CMP storm drain piping and installation of new 36-inch RCP piping,construction of a concrete energy dissipater s ru ure wim Names. 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, Chris Arnold Name of proposed Project Manager Telephone No. of proposed Project Manager: (760)597-9660 Bitter Point Pump Station,$40Million I Design-Build Pump Station,Lift Station,&Pipeline 1 02/2016 Project Name& Contract Amount Type of Work Date Completed Rocky Point Pump Station,$28Million I Design-Build Pump Station,Lift Station,&Pipeline 1 04/2016 Project Name&Contract Amount Type of Work Date Completed LA Department of Water and Power,S24Million I Lift Station with 24"Water Pipeline 1 03/2017 Project Name&Contract Amount Type of Work Date Completed 2 Larry Miller Name of proposed Superintendent Telephone No. of proposed Superintendent: (760)597-9660 Robert Diemer Water Treatment Plant,$10Million I Water treatment plant construction 1 05/2016 Project Name& Contract Amount Type of Work bate Completed City of Turlock New Lift Station,$30Million 185FT.Clarifier& 10 aeration basins 1 05/2020 Project Name&Contract Amount Type of Work Date Completed City of El Segundo Reverse Osmosis System,$80Million I Reclaimed Water Reverse Osmosis 1 08/2021 Project Name& Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DII2) 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 l 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/SB854FactSbeet 6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 https://efi 1 ing.dir.ca.gov/PW C R/ActionSery let?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https:Hefiling.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. Orion Construction Corporation Contractor By Richard Dowsing estimating@orionconstruction.com Email President Title Date: 05/04/2022 PWC Registration 4: 1000863563 C-13 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: ('~'ante,legal valuxandairs) (sr'mre,legalstatusandprincipalplat,rfhtai►reKs) Orion Construction Corporation Western Surety Company This doeerrnent has lrnportartt 2185 La Mirada Drive 151 N. Franklin Street legal consequences.consultation Vista,CA 92081 Chicago,IL 60606 with an attorney is encouraged with respect to Its completion or OWNER: modification. (,'4'mut;IeRalstrrlas a�td aaHnssJ Any singular reference to City of Huntington Beach othCoerp ryyshallbbe��tdered 2000 Main Street plural More applicable. Huntington Beach,CA 92648 BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Manta;locations oraddrajsr,arrdl'rgkvrtmber,irmy) STORM WATER PUMP STATION FOREBAY IMPROVEMENTS Thu Contractor and Surety aro bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,c%ocutom administrators,successors and assigns,jointly and severally,ns provided herein.The conditions of this Boad arc such that if the Owner accepts the bid of the Contractor wahin 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 oifher(l)enters into a contract with the Omer is accordance with the tams 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 Omm,for the faithful performance of such Contract and for tare prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Outer the difference,not to exceed the amount of this Bond,bctn-eatm the amount specified in said bid and such larger amount for which the Owner tray in good faith eoniraat with another !tarty to pertbrm the w'nr{:covered by said bid,then this obligation shall be null and void,otherwise to remain in full Ibme and effect.The Surety hereby waives any notice of ant agreement betuvren the Ownet and Cxalmctot to extend the time in which the Owner may accept the bid.14'uiver of tenths by Cite Surety shall not apphy to any extension execeding ixty(60)days in the aggregate bc)ond the time fur acceptance of Rids specified in the bid documents,and the 0%,mor and Contractor shall obtain Cite Surety's consent lbr an extension beyond sixty(60)days. If this Bond is issued in cor m ction 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. %%on this l3ond has been l'urniximed to comply with a statutory or other legal requirement in the location of the Project,tray provision in this Bond covillicting with said statutory or legal requirement shall be deemed deleted hereliom and provisions conforming to such sulutory or other legal requirement.shall be deemed incorporated herein.When so fumished,the intent is that this Bond shall be construed us a statutory band and not as u comma law bond. Signed and scaled this 19 h day of April, 20 2 Orion Construction_CoMration rPrltrctpal) (Sral)ZZAAAA t ' I,ft 1ts By: ITrt1e) Richard Dowsing. esident "` r I.11�iit fitaftxt III'ltncxv) Maria Guise By: ,. Kitt' wrence F. McMahon Attorriey-in-Fact s-oosalAs 8110 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 accuMpy.or validity of that document. STATE OF CALIFORNIA County of San Diego On Ap(�' g 2012 More me, Maria Guise Notary Public g Date Insert Name of Notary exactly as it appears on the official seal 1; personally appeared Lawrence F. McMahon ' Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Q whose name(* is/#f# subscribed to the within instrument and acknowledged to me that he/ftjf o executed the same in his1ftN#Xfflt authorized capacityoffl, and that by hisJ,t&j#*M signature(} on the instrument the person(W, or the entity upon behalf of which the personff,¢1j acted,executed the instrument. MARIA GUISE F�9P&, commissioN#2283717 3 I certify under PENALTY OF PERJURY under the laws of NotaryPublic-California the State of California that the foregoing paragraph is true ORANGE COUNTY and correct. M My Comm.Expires Apr.14.2023 + Witness my hand and `cial seal. Signature \.> Place Notary Seal Above Signature of Notary Public Maria Guise 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) 1 Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer --Title(s): t ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General d Attorney in Fact EMMINkmomixamI DII A, IIQi ❑ Attorney in Fact t it If ❑ Trustee OF SIGNER Trustee Or'SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other. ❑ Other: Signer is Representing: Signer is Representing: Surety Com o { I ' Westem Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized aml existing corporation having its principal office in the City of Sioux'Faris,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constime and appoint Lawrence F.McMahon,Individually of,San Diego,CA ,its true and lawful Attorneys)-in-Fact with full power and authotity hereby conferred to sign,seal and execute for and an its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Sut*BoodNo4 Bid Bond Principal:Orion Construction Corporation oblism City of Huntington Beach and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is trade and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Wbereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed on this 16th day of 7unc,2MI. WESTERN SURETY COMPANY 4 07a eeA� ul T.Bruflat,Vice President State of South Dakota County of Mianehaha ss On this 16th day of June,2021,before me personally came Paul T.Bruflay to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Farts,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said iamment is such omparate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires M BENr ruatra March 2�20?.R • w M.Bent,Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and fitriber certify that the By-Law of the corporation printed on the averse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 9th day of April,2022. WESTERN SURETY COMPANY szr- &&"llerntz ............ et�r Famm F42W7-2o12 L.Nelson,Assistant Secretary Go to www.cnasurety.com>Owner/Obligee Services n Validate Bond Coverage,if you want to verify bond authenticity. 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 ) I County of ` r ►mot 12 C1 CD On P�N` )_� before me, ���.Y0?� Date Here Insert Name and Title of the Officer 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 nd and offici s ` SARAHA.NEWELL Notary Public-California ar San g comui���zan�06 Sin e MY Comm.Expires Oct 4,2025 � Signature N ry 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 Docurbelit: Document Date: Number of Pages igner(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 lndjvidual ❑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 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: ('Xiune,legal stzrtne rnrd addrays) (Name,legal sialirc and principal place of hrcviness) Orion Construction Corporation Western Surety Company This document has important 2185 La Mirada Drive 151 N. Franklin Street legal consequences.Consultation Vista, CA 92081 Chicago, IL 60606 with an attorney is encouraged with respect to its completion or OWNER: modification. (Xame,legal slatrrs and address) Any singular reference to City of Huntington Beach Contractor,Surety,Owner or other party shall be considered 2000 Main Street plural where applicable. Huntington Beach, CA 92648 BOND AMOUNT: $ 10% Ten Percent of Amount Bid PROJECT: (Xame,location or address and Project number,ijm{t) STORM WATER PUMP STATION FOREBAY IMPROVEMENTS The Contractor and Surety are bound to the Owner in file amount set forih 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 tine 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 1'roicct and other isc 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 perlurin the work covered by said bid,then this obligation shall be null and void,otherwise[o remain in full fiorce and ellect.The Surety hereby-,vaives any notice oran agreement between the Owner and Contractor to extend the lime 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 fior acceptance of bids specified in the bid documents;and the 0%vner and Contractor shall obtain the Surety's consent fi)r an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid ton Contractor,the tenn Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When[his Bond has been luntished to comply frith a statutory or other legal requirement in the location or tile project,any provision in this Bond conflicting Stith said statutory or legal requirement shall be deemed deleted hererroin and provisions coolumting it)such statutory or other legal requirement shall be deemed incorporated herein.When tiff furnished,the intent is that this i3ond shall be construed as a statutory bond and not as a coninion law bond. Signed and scaled this 19th day of April, 2022 Orion Construction Corporation (Principal) (Seal) ll!'lnze B : (Idle) Richard Dowsing esident WesterrhSurety Company (Szrrrly) (Scarf) (01110s.`) Maria Guise By: (Title L wrence F. McMahon Attorney-in-Fact act 8110 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 San Diego On APR 19 2022 before me, Maria Guise , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Q whose name(* is/#f# subscribed to the within instrument and acknowledged to me that he/W#jjjy#V executed the same in his/ft&/,tf)#jt authorized capacityq#Q, and that by his/N&/#AW#signature(Q on the instrument the person ffl, or the entity upon behalf of which the person(* acted, executed the instrument. MARIA GUISE COMMISSION#2283717 a 1 certify under PENALTY OF PERJURY under the laws of E = Notary Public-California a the State of California that the foregoing paragraph is true ORANGE COUNTY and correct. ^ My Comm.Expires Apr.14.2023 y.�. Witness my hand and icial seal. Signature Place Notary Seal Above Signature of Notary Public Maria Guise 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 ana 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 9 Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Surety Company Western Surety Company POWER OF ATTORNEY APPOINTING WI)W UAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Lawrence F. McMahon,Individually of,San Diego, CA ,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- Surety Bond No.: Bid Bond Principal:Orion Construction Corporation obligee: City of Huntington Beach and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June,2021. 'r� WESTERN SURETY COMPANY ��wpo A rPaul T.Bruflat,Vice President State of South Dakota County of Minnehaha ss On this 16th day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires 1I.BENT S w�nn March 2,2026 w� M.Bent;Notary Public CERTIFICATE I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 19th day of April,2022. 1 WESTERN SURETY COMPANY „4 Ara �a�Aar Form F4280-7-2012 L.Nelson,Assistant Secretary Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary, and Assistant Secretary,Treasurer,or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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 Californiafo ;� ) County of L 'n .J l n �` �AO On before me, � Q.�(1 FCC. \�P_W •��. CCI��(Y Date Here Insert Name and Title of the Officer o personally appeared 0 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 nd and offici se . 1°s rN SARAH A.NEWELL Notary Public-California = San Diego County Signatu e Commission#2377406 Signature N ry Public �QF011 my Comm.Expires Oct 4,2025 7 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: Other Than Named Above: Capacity(ies) Claimed by Signer(s)-_. Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ElPartner — El Limited El General `~ ..Q Partner — El Limited El General ❑ Individual ❑Attorney in Fact 0-1n1 d.ividual ❑Attorney 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 OFFICIAL BID SECURITY- DO NOT OPEN Project Name: Storm Water Pump Station Forebay Improvements (Trash Racks, Sump Pumps, Pit Cleaning) at Adams,Atlanta A & B, Bolsa Chica, Newland, Meredith, and Slater Pump Stations CC #: 1686 Bid Opening Date: April 22, 2022, at 2:00 p.m. Submitted By: 5 '� � Lic.+FA599309 ' ;�"' %�i�•; CONSTRUCT/ON r: CORPORATION Y '�; x � i�F•' � ! �Jxi�g,. t � f f µa E N{. � *•a k r^�a�G '�'�"`.�t ;'� i.x�� � ) �u t x7 S � �#'I Elf F1 � p. -Tr a i°A.Y r r,iiw A.. `iz9 ;: f S ;m '� s t y ,S E y y, a yr M M,yr, ';, r3 •E; �",� .. 5- ,fir,. - ,p '�`'`rP:����'�`� �9e 4 rar P2 �,t� x ¢3S' a�',`'W� �a��y,ik'''�.r 4� � �ti�5-�� dr�r �yF��wca#. �3 •�$,.. k lk j ..�-a. ��'7`-y�'xf �� �,j �. ` jn1•€ �e ,,� L� `.z�ei i x � K �` � F� { '��' � E�" �C,r.; a t'� t � R � . �� a ��• � c�. tf '� � T tit r l�'"��� :,t3�i .Y t� � .� �' 4 E ��� x,Y °����� �q�•: t #{ t�U 9# VOW 6-7 2 1j ?x itt�3 fi F 1 Ir ak g-� { rt fi k fi a ev y t iy t a � x, %r �»3t� 9 z kx a� City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov e•lI,1909 * ♦ Office of the City Clerk Robin Estanislau, City Clerk August 11, 2022 R.E. Chaffee Construction, Inc. PO Box 3087 Wrightwood, CA 92397 RE: Storm Water Pump Station Forebay Improvements—CC No. 1686 Enclosed please find your original bid bond for CC No. 1686 Sincerely, & Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL FOR THE CONSTRUCTION OF STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS FROM CC NO. 1686 IN THE CITY OF HUNTINGTON BEACH i TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: j 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 80 working days,starting from the date of the Notice to Proceed with Work after materials are procured. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications,Exhibits, 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 C-1 agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at thg AGENCY'S option,be considered null and void. Accompanying this proposal of bid,find in the amount of '?/ C7 which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addendum No. Date Received Bidder's Signature .�2 2i r' 9 z C-2 BID PROPOSAL CC NO.1686 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS.SUMP PUMPS,PIT CLEANING&ACCESS LADDERS) AT ADAMS,ATLANTA A&B,BOLSA CHICA, s NEWLAND,MEREDITH,AND SLATER PUMP STATIONS APPROX LNIT PRICE ITEM NO. DESCRIPTION UNIT QUANTITY FIGURES AMOUNT FIGURES 1 MOBILIZATION LIMITED TO 6%OF TOTAL BID LS 1 57,7C •• PROVIDE ALL LABOR AND MATERIALS TO REMOVE,DISPOSE OF, AND REPLACE TRASH RACKS PER SPEC AND APPROX.SF., 2 edodde of vakin wIMbe eADAMS L3 1 b ATLANTA A LS 1 0 00 O� c ATLANTA B LS 1 d BOLSA CHICA LS 1 ! ! Ti D. e NEWLAND LS 1 7(^^0• MEREDITH L3 1 I doa n C� SLATER LS 1 V ✓�• PROVIDE ALL LABOR AND MATERIALSTO REMOVE AND DISPOSE OF EXISTING AND FURNISH AND INSTALL NEW SUMP PUMPS PER 6 SPECIFICATIONS a ADAMS EA , 5(01.050. b ATLANTA A EA 1 c ATLANTA B EA 1 .ro 00 d BOLSA CHICA EA 1 e NEWLAND EA 1 O oO f MEREDITH EA 1 PROVIDE ALL LABOR AND MATERIALS FOR PIT CLEANING PER 4 SPECIFICATIONS �• oa a ADAMS LS 1 b ATLANTA A LS 1 a nN1 o c ATLANTA B LS 1 ow. d BOLSA CHICA LS 1 221CO. 00 e NEWLAND LS 1 I MEREDITH LS 1 /� SLATER LS 1 Y/ V(JV• 40A PROVIDE ALL LABOR PM MATERIALS TO REMOVE AND DISP08E OF EXISTING AND FLPASH AND INSTALL NEW ACCESS LADDERS 5 PER SPECIFICATIONS d BOLSA CHI CA FA 1 f MEREDITH EA 1 , SLATER EA 1 TOTAL BID AMOUNT FOR CC NO. 1686 WRITTEN IN WORDS WRITTEN IN FIGURES II/h?G u�►dr'td N �C ql 41 �?D0. °° C-3 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. Bill Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number I By su mission of this proposal,the Bidder certifies: 1. That he is able to and will perform at least 50% of the total work and 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-4 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��,at Date Ctty State 11�Kl)e being first dul sworn, deposes and says that he or she is '7rP SLc\?X1.X- of making the foreg mo bid that the bid is not made in the interest of,or on the 13ehalf 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. '4 Gwwoe' Nx�evNCX Name of Bidder Signature of Bideerl I' Address of Bidder a a3 �1 C_5 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 STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS,SUMP PUMPS,PIT CLEANING&ACCESS LADDERS) AT ADAMS, ATLANTA A&B,BOLSA CHICA,NEWLAND,MEREDITH,AND SLATER PUMP STATIONS,(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." I 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 i subcontractor or subcontractors with the requirements contained herein. I I Contractor ?,&"n\ . By pce'n-)\Ae�� _�_ Title Date: C-6 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 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ,;a Contractor P'Mn. By Title Date: C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address r )P� City, State Zip ci u TelephonNumber t � Email Address Sta�te(Coontracttolr'`s License No. and Class Ca •`1 . 2,00-1 Original Date Issued \ a 1 3 \ 1 120 2-7— Expiration Date t The work site was inspected byT\n _of our office on `4 1:J 202c�X The following are persons, firms, and corporations having a principal interest in this proposal: Cbxn-lAxuEk�un V f 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 andspecifications set forth. Company Name N'41A49 Signature o.f Bid r Printed or Typed Signature C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this 22 day of --�— 2029.. 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 ) �o County of _ ) On 62Z ,2N,2 before me, Month, Day,and Year Insert Name and Title of Notary personally appeared Name(s)of Signer(s) I who proved to me on the basis of satisfactory evidence to be the person(a) whose name(a)d3vare subscribed to the within instrument and acknowledged to me that G/she/tt*y executed the same in6R/har/their authorized capacity(igs),and that by6/hWtWr signature(*on the instrument the person(,q, or the entity upon behalf of which the person(s) acted,executed the instrument. j 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. JESSICA CHAFEFEE v ri011"Wasf0n No. 22402B9 NOTARY KMLIC-CaFOR A SArobERNA MQCWNTf ► ,.Comm'EOM APANL M 2M Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 �.---� Liberty Mutual. SURETY BID BOND KNOW ALL BY THESE PRESENTS,That we, R. E. Chaffee Construction of Phelan,CA (hereinafter called the Principal),as Principal,and The Ohio Casualty Insurance Company (hereinafter called the Surety),as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee)in the penal sum of ten percent of total amount of the bid Dollars( 10% ) for the payment of which the Principal and the Surety bind themselves,their heirs,executors,administrators,successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS,the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Storm Water Pump Station Forebay Improvements(Trash Racks Sump Pumas Pit Cleaning and Access Ladders)at Adams,Atlanta A&B Solsa Chica,Newland, Meredith,and Slater Pump Stations NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified,enter into the Contract in writing,and give bond, if bond is required,with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this 19th day of April 2022 R. E.Chaffee Construction Witness O Title The Ohio Casualty Insurance Company Witness By Michael brink Attorney-in-Fact 0Ry 0 19�9 0. S0HAtl4a� LM9-10053 OWS - - ACKNOWLEDGMENT OF SURETY STATE OF_ ARIZONA ) COUNTY OF MARICOPA ) On this 19th day of April .2022 ,before me personally came Michael J. Mesenbrink,to me known to be the person described in and,who,being by me,did depose and say that he resides in Scottsdale.Arizona,that he is the Attorney-in-Fact of The Ohio Casual Insurance Com an the corporation described in and which executed the attached instrument;that he knows corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of Directors of the said corporation; and that he signed his name there by like order. Katherine Love,Notary Public My commission expires: March 8. 2025 KATHERINE LOVE NOTARY PUBLIC-ARIZONA MARICOPA COUNTY COMMISSION#597455 MY COMMISSION EXPIRES MARCH 08,2025 (Notary Seal) R 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 heroin stated Liberty Liberty Mutual Insurance Company Mutual The Ohio Casualty Insurance Company Certificate No:8204900.988802 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the kawe of the State of New Hampshire,that Liberty Mutual!Insurance Company Is a corporation duly organized under the laws of the Slats of Massachusetts,and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companiesl,pursuant to and by authority herein set forth,does hereby name,censfilute and appoint, Debbie R. Thomas;Heather.J.Perrin;Jeri Lynn Thompson;Katie Love-Lisa M.Hankal•Margie Wager Maria R.Lucero•Michael J.Mesenbrink all of the city of Scottsdale state of A2 each Individually If there be more than one named,Its true and lawful attomsy-In-fact ma make, execute,Beal,acknowledge and deliver,for and on Its behalf as surety and as Its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,In pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscnbed by an authorized officer or otidal of the Companies and the corporate seals of the Companies have been affixed therelo this 23rd day of February , 2021 Liberty Mutual Insurance Company INS(/ tv ,ArgU INS" The Ohio Casualty Insurance Company 16 J3cP9ip0"*,-0 a� �a�n� West American Insurance Company 912�; y 41919 � � 1991 0 �i Asa°. a o°�• � � � y$ tr David M.Carey,Assistant Secretary c cu Stale of PENNSYLVANIA County of MONTOOMERY o On this 23rd day of February 2021 before me personally appeared David M.Carey,who adunowledged himself to be the Assistant Secretary of U o and West American Insurance Company, Liberty Mutual Insurence E � co Company,The Ohio Casualty Company, parry,and that he,as such,being auYhodzed so to do,execute the foregoing irrstnrrlent for the purposes c•€_. therein contained by signing on behalf of the corporations by himself as a duly authorized officer, d = IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my nnolarfal seal at K Prussia,ing of Pennsylvania,on the day and year first above written. O P PAS O �Q� ,craw ?F{� commoT.e�an Pad� seal 2 0 Pubft D Moraaah oy c-l r COF ►y cannYealon expires wmJc z02s By: o y m»- v►,�+ Member. „a d NoWin eresa Pastella,Notary Pubic Q`o �m ARv ov C c pursuant This Power of Attorney is made and executed puant to and by authority of the folkhwdng By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual o-- Insurance Company,and West American Insurance Company which resokttions are now in full force and effect reading as follows: o N E ARTICLE IV-OFFICERS:Section 12.PowsrofAttomey. d onto w 12 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to much limitation as the Chairmen or the 26 m a President may prescribe,shall appoint such atlomeys-in foci as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety m_ any and all ulderkdcings,bonds,mcognizanoes and other surety obligations.Such attorneys-In4ad,subject to the limitations set forth In their respective powers of attorney,shelf o have full power to Mnd the Corporaton by their signature and execution of any such Instruments and to attach thereto the seal of the Corporaton.When so executed,such�am Z Q Instruments shall be as binding as I signed by the President and attested to by the Secretary.Any power or authority granled to any representative or atbmey-in-fact under the Co provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or oipcers granting such power or authority, ui ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. CL Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such imitations as file chairman or the president may prescribe, shah appoint such atlomeys-Infact,as may W necessary to act In behalf of the Company to make,execute,seal,acknowledge and delver as surety any and all undertakings bonds,recogrdzances and other surety obligations.Such attorneys4n4act subjed to the limitations set forth In their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach!hereto the seal of the Company.When so executed such Instruments shell be as binding as A signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acing pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary tc appoint such abineys-ih- fact as may be necessary to act on behalf of the Company to make,execute,seal,adaowledge and deliver as surety any and all undertakings,bonds,recogdrances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of adomey Issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohb Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Instraroe Company do hereby certify that the original power of attorney of which the fbmg*i is.a MI,true and coned copy of the Power of Atli executed by Baird Companies,b In tut force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hersunio sel my hand afxJ Aced therse of said Companies this 19th day of April 2022 . INSU,4 - 1Y IA►8V INSr/ 1912 r� 1919 " ,1991 `` By:Renee C.Llewellyn,Assistant Secretary LMS-12e73 LMIC CCIC WAIC Muhl Co 02121 . ,,, �'�EA 4 BIDDER'S PROJECT HISTORY For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of{Describe specific work and experience necessary for project.For example,G°Construction of(or rehabilitation of existing)trash racks and pit cleaninr for City"I. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address, and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of.Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-11 1 FEE R E Chaffee.Cons t"Utio IL Pr 'ect Refere es Project Name:Well 28 Client/Agency:City of Lakewood Contact: Derwin DY Phone:562-866-9771 Start Date:March 2021 Contract Amount: $1.9 Million Finish Date:Current Project Description:Equipment of Well,Electrical,Pipeline, Chlorination Building Project Name:WRP 7 PLC upgrade Project Client/Agency:CSI Electrical Contractors Contact: Faye dHamecourt Start Date:August 2019 phone:562-946-0700 Contract Amount: $114,011.67 Finish Date:April 2020 Project Description:Electric Trenching, Piping Installation Project Name:American Organics Victor Valley Regional Composting Facility Client/Agency:Athens Services ' Contact:Russ Lemley Phone:702-218-5383 Start Date:July 2019 Finish Date:January 2020 l Contract Amount: $ 600,000.00 Project Description:HDPE Fusion Pipe,Blower Duct Piping Project Name:American Organics Victor Valley Regional Composting Facility Client/Agency;Cash Grading Contractors Contact:Tim Cash Phone:909-969-1010 Start Date:July 2019 Finish Date:January 2020 Contract Amount: $ 163,742.08 Project Description:Water Main Installation Project Name:Minor B Contract OIA1945 State Hwy Mendocino Various Locations Client/Agency:Cal Trans State of California Department of Transportation Contact:Carla Briseno,Contract Officer Phone: Start Date:July 2019 Finish Date:August 2019 Contract Amount: $219,134.60 Project Description:Replace Pavement Markers t`Ifllaf� CHAt FEE Project Name:Water Sampling Station Installation Project Client/Agency:City of Adelanto Contact:Brian Wolfe,Contract City Engineer Phone:760-246-2300x11188 Start Date: March 2019 Contract Amount: $295,850,00 Finish Date;June 2019 Project Description:Installation of Water Sampling Stations throughout the City. Project Name: Relocating Chlor Shed and Antenna Install Cllent/Agency:County of San Bernardino,Special Districts Department, Water&Sanitation Division Contact:Chris Bishop Phone:760-962-1510 Start Date: March 2019 Finish Date:March 2019 Contract Amount:24,975.00 Project Description:Relocating Chlor Shed, Remove Existing Equipment and Piping, Install Temporary Power to Temporary Chlor Shed, Furnish and Install new Antenna. Project Name:Valve Replacement, Fire Hydrant&Sewer Line Trench Repair Project Client/Agency:City of Solvang Contact: Matt van der Linden, PE Start Date:August 2018 Phone:805-fi88-5575 Contract Amount:$301,260.00 Finish Date: February 2019 Project Description: Valve Replacement,Fire Hydrant&Sewer Line Trench Repair throughout the City Project Name:Shasta Valley WA& Butte Valley WA Shop Door Replacement Client/Agency:CA Dept of Fish and Wildlife Contact;Katherine Miyai Start Date:August 2018 Phone:916-327-8426 Contract Amount:$76,965.00 Finish Date:September 2018 Project Description:Replacement of Shop Doors, Metal Building Additions and Wood Framing 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. Tonn\-e , &u�qee, Name of proposed Project Manager Telephone No. of proposed Project Manager: L."D C w&, S6&W IN w + &MW5 � oco, ► ?-aZJ Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed 2t2 ,� Project Name& Contract Amount Type of Work Date ompleted I 2. Name of osed Superintendent Telephone No. of proposed Superintendent: 'cl r 1 c6 5 %W 06 aboib 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 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 I through June 30 state fiscal year) with the California Department of Industrial Relations(DrR). 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/PublicW orks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call(844)522-6734 https:Hefi ling.dir.ca.gov/PWCR/ActionServlet?action=displayPW CRegistrationForm 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 f 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. V,IE o 0pCfVf_W,"Y) v\e . Contractor By Email ' {Date: Trtle y� �` ' ��� PWC Registration#:U C-13 � . G r y N S 0 m o \ a D o r r O o -� lop I m m u`�i ` W o a 13 n 73 _ -0 A. � O y � m rr,�� no OX so R� � I� � � b � N O m fD m i Z � > G m w D O z m o arn To. a a A = u' „ o '�" T m aZi C � 3 is v � fl. � Q m gz nz O 1 3 O IM E =: v m Z "a m a O m L �' �0 3 A z 3 m z fD rt y a o W p- LA - m A .p Z a i C O i O oai w � cr � •rzl O (tJ t O Lo _C: 0 v Z i J C ♦N m D o O m �? n d + O :3 v a. v CD on t z w cn 0 � �1 ( I DEN O N i o o m jfD fml N w I a I o I Lo N I \ Apt TID m cp d � rt i ♦�^/� O O ` cn i ! e--F• o l o m i= \ \ , I �. i w w VI (1 y I r-h i tii I N r* 'O CD i m ' I ' A rt O r� VI ADDENDUM NO. 1 For STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC No. 1686 in the CITY OF HUNTINGTON BEACH J i s 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714) 536-5431,Fax(714)374-1573 April 21, 2022 Notice To All Bidders: Please note the following clarifications to the Bid Package and Project Specifications: 1. THE FOLLOWING SECTIONS ARE MODIFIED TO REFLECT A NEW BID DATE/TIME OF APRIL 29,2022 AT 2:00 PM a. COVER/TITLE SHEET h. NOTICE INVITING BIDS e. INSTRUCTIONS TO BIDDERS Expect a follow-up Addendum No. 2,which is anticipated to provide additional clarification on materials for trash racks as well as timelines related to NTP, execution and timing of work, and working days allocation. It may also include an additional, minimal time extension to the bid date This acknowledges receipt and review of Addendum Number One,dated April 21,2022. Company Name By 12 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949)677-0391 within 24 hours of posting. ADDENDUM NO. 2 For STORM WATER PUMP STATION FOREBAY IMPROVEMENTS (TRASH RACKS, SUMP PUMPS, PIT CLEANING & ACCESS LADDERS) AT ADAMS, ATLANTA A & B, BOLSA CHICA, NEWLAND, MEREDITH, AND SLATER PUMP STATIONS CC No. 1686 in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CALIFORNIA 92648 (714)536-5431,Fax(714)374-1573 April 27, 2022 Notice To All Bidders: Please note the following clarifications to the Bid Package and Project Specifications (all new information shown in italics (except new graphics which are considered to be complete revisions): 1. THE FOLLOWING SECTIONS ARE MODIFIED TO REFLECT A NEW BID DATE/TIME OF MAY 6,2022 AT 2:00 PM a. COVER/TITLE SHEET b. NOTICE INVITING BIDS c. INSTRUCTIONS TO BIDDERS i 2. SECTION A — NOTICE INVITING BIDS IS HEREBY REVISED TO READ: The contract shall allow the Contractor 100 working days to complete the contract. All work within the forebay must commence on April 17, 2023 and be complete and all pump stations able to be fully operational by September 30, 2023 3. SECTION B — INSTRUCTIONS TO BIDDERS IS HEREBY AMENDED TO READ: 15.Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond cannot be reduced until the I expiration of 35 days after the date of recordation of the Notice of Completion. Due to the amount of time between procurement of materials and issuance of a Notice To Proceed corresponding to a construction start date of April 17, 2023, the contractor will be required to procure ALL materials for this job as soon as physically possible following submittal and subsequent approval of shop drawings and materials specification information and store said materials in a secure location protected from the environment and held and designated specifically for this project until such time as the materials are to be incorporated into the project. 4. SECTION 3-8 SUBMITTALS OF SPECIAL PROVISIONS IS HEREBY AMENDED TO READ: The contractor shall be required to provide submittals for all materials for trash rack wood and hardware elements, sump pumps, and access ladders. In addition to material submittals, the contractor will also be required to submit a shop drawing type sketch that details the contractors anticipated construction of the trash rack at the various connection points (i.e. — bay floor, vertical support columns, horizontal cross beams, forebay walls). This includes but is not necessarily limited to preparation of all required fabrication/shop drawings and submittals for trash racks, and other ancillary materials, etc. The approximate measurements shown in these specifications MUST be verified by the Contractor. Each of the trash rack/bar screens must be measured and a fabrication/shop drawing prepared.for each. The design and anchorage of the trash racks must be provided as a submittal prior to ordering of materials and shall be done so in a format that is scalable on standard size media (i.e. —8-112" x 11" or 11" x 17" or 24" x 36'). This work element shall begin immediately I following execution of all contract documents and issuance of a Purchase Order and separate Notice To Proceed for procurement of materials by the City. Provisions for payment for field and ofceladministrative work necessary to comply with this provision will be eligible fbr payment by the City providing adequate detailed information relative to actual manpower and equipment expended is well documented and is within a reasonable amount relative to the full value of the contract as determined by the City. 5. SECTION 6-1.1 CONSTRUCTION SCHEDULE OF SPECIAL PROVISIONS IS HEREBY REVISED TO READ: The Contractor's proposed construction schedule shall be submitted to the Engineer -ice by March 1, 2023 FEW .......4-.A to ik@ n,._ The schedule shall be supported by proof of materials that were previously procured and secured by the contractor solely for inclusion into this project are available, dedicated, and able to be incorporated into this project immediately. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule,verification qf materials on hand and ready for incorporation into the project and arrange utility coordination, discuss construction methods, and clarify inspection f procedures. The construction schedule shall be prepared to the satisfaction of the Engineer and revisions will be made at no cost to the AGENCY. The Contractor shall submit progress reports to the Engineer on a bi-weekly basis. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6. SECTION 6-1.2 COMMENCEMENT OF WORK OF SPECIAL PROVISIONS IS HEREBY REVISED TO READ: A Notice To Proceed for construction will be issued by the City upon approval of the contractor's construction schedule that shows a construction commencement date of April 17, 2023 for construction. A separate Notice To Proceed for preparation of shop drawings and procurement of materials will be issued by the City consistent with Section 3-8 "Submittals•"of the Special Provisions. Progress schedules will be required for this contract and shall conform to the requirements of these special provisions. Progress schedules shall utilize the Critical Path Method (CPM) and shall be prepared and provided in either Microsoft Project or Excel. 7. SECTION 7-3 PAYMENT OF SPECIAL PROVISIONS IS HEREBY AMENDED TO INCLUDE: 7-3.1 General Provisions for payment for field and office/administrative work necessary to comply with Section 3-8 "Submittals" of these Special Provisions will be eligible for payment by the City providing adequate detailed information relative to actual manpower and equipment expended is well documented and is I within a reasonable amount relative to the full value of the contract as determined by the City. 8. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY VERIFIED TO READ AS IT PERTAINS TO THE TIMBER MATERIALS TO BE PROCURED AND SUPPLIED FOR THIS PROJECT Contractor will furnish and install new trash rack pressure treated redwood timber (this is not an either/or—it is a both/and meaninm it is redwood that is pressure treated)planks,posts,horizontal supports, etc. and/or. . . 9. APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY AMENDED TO PROVIDE CLARIFICATION FOR STEEL MEMBERS FOR THE SLATER TRASH RACK Horizontal and vertical steel beams are W6 x 20 and procured and/or modified to the proper length to match existing conditions (as shown in the measurements included on the photo exhibit(s)). 10.APPENDIX F, TRASH RACKS SPECS/PHOTOS/MEASUREMENTS, IS HEREBY AMENDED TO REPLACE THE FOLLOWING PHOTO EXHIBIT a. Atlanta A Photo Exhibit is hereby replaced with the attached Photo Exhibit Atlanta Trash Rack 4/26/2022 10© horizontal, 10 A+2| ` /g3+X25-X1'flat stock vertical /\ � �2 � .�. .�. J\ 106 horizontal, 10'Ag21 / w $$ 3 7( X23`X!ƒflat stock vertical 222 / Atlanta A WIDTH: 18.5' DEPTH: (Finished surface outside of pit to bottom of pit): 20 .1" GRATING HEIGHT: (From bottom of pit to top Of grating): 13' This acknowledges receipt and review of Addendum Number Two, dated April 26,2022. ec ('�Iqxe--O-' rov�i WtTm �Ua;E��2 Company Name By �J r&— z ZI Date All bidders must acknowledge and include the receipt of this Addendum with your bid rp oposal. Should you have any questions regarding this Addendum,please call Mark Lewis at(949) 677-0391 within 24 hours of posting. x E 0 E 0 0 2 0 > > n 2 A 2 % @ 0 § 2 O 2 D 2 0 q CL ■ D Z M o f+ = / z ® IMA o 2 I 7 -C C o o . g 3 / Ul V . m m z ■ ■ 7 m (D r) : s ■ " 7 ƒ / z m 0 2 2 2 § @ 3 � © . § J 0 k 7 ° C 2 2 0 2 0 I � / ƒ % p0 0m d 3 : $ A � :3 a 2 2 r 0 . / / § m % a ® < 7 . » a m ƒ 0 = 2 co- 2 (ao 7 1 k 2 k k § 21 0 • 0Ln c_ 2 o q (A CD B > > 0 0 = . m A 2 . ® > (D E k / ƒ � o f m A .0 � .CD � 0) . 2 J CDca CD q I d 3 �_ ƒ . \ / ;;-7 D ; 3 3 ? 9 q q $ w o 2 2 2 . k 00 m / 0 2 � 2 C k . > . . ... . n . . . c . . d 3 m g §. 2 0 0 7 E K k U =r_ . z 2 J > \ % 2 0 > O 2 Z 7 2 z b \ z n m D 0 CD 0 o L w 3 cn ZZZ o. Q co -: 0 C? X O Q h � 0 :=s' ca cQ o u, 0 N O = 0 O Q CD n O" o c c a 0 Q NCb N (Q O ' 3cr O _ S ;U -0 z ;U N (D C O CD CD 0�. -0 a = o -0N .fir 3 ` (CD n n ` �. 0 CD (n I. =j; � :U m 0 cn m n z vr 0 n 0- n o 0 �, 3 0 3 c� cn 0 fA m' o ° ai m '< � -p r« o v o �, Cj) -� rr — lR m p h C 1 _ 0 r+ P O CL c .� o a @ a �� o CD CD n -� Q �ap„(n < Q p C C N O o < —,w 3 3 a O 00 N 'a I ICL a c -v cD O ff c a 3 y CD 70 c 1 ' _ 3 0 0 0 3 3 3 Liberty 10� Mutual. SURETY BID BOND KNOW ALL BY THESE PRESENTS,That we, R. E. Chaffee Construction of Phelan, CA (hereinafter called the Principal),as Principal,and The Ohio Casualty Insurance Company (hereinafter called the Surety),as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee)in the penal sum of ten percent of total amount of the bid Dollars( 10% ) for the payment of which the Principal and the Surety bind themselves,their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS,the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Storm Water Pump Station Forebay Improvements (Trash Racks, Sump Pumps, Pit Cleaning and Access Ladders)at Adams, Atlanta A&B, Bolsa Chica, Newland, Meredith, and Slater Pump Stations NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required,with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this 19th day of April 2022 R. E. Chaffee Construction (Seal) Principal Witness — OLWX Title The Ohio Casualty Insurance Company Witness By�� Michael 7. Mes brink Attorney-in-Fact L1Y INS& Q`pooRPoRy a yc+ 1919 \0 90 y yF� a\��u �0 �0 HA MP5 LMS-10053 05/18 ACKNOWLEDGMENT OF SURETY STATE OF ARIZONA 1 COUNTY OF MARICOPA ) On this 19th day of April ,2022 , before me personally came Michael J. Mesenbrink, to me known to be the person described in and, who, being by me, did depose and say that he resides in Scottsdale, Arizona; that he is the Attorney-in-Fact of The Ohio Casualty Insurance Company the corporation described in and which executed the attached instrument; that he knows corporate seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of Directors of the said corporation; and that he signed his name there by like order. Katherine Love,Notary Public My commission expires: March 8, 2025 s KATHERINE LOVE NOTARY PUBLIC-ARIZONA N MARICOPA COUNTY COMMISSION#597455 MY COMMISSION EXPIRES MARCH 08,2025 (Notary Seal) 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. Liberty Liberty Mutual Insurance Company mutuile The Ohio Casualty Insurance Company Certificate No:8204900-985602 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Debbie R. Thomas;Heather J.Perrin;Jeri Lynn Thompson;Katie Love;Lisa M.Hankal;Margie Wager;Maria R.Lucero;Michael J.Mesenbrink all of the city of Scottsdale state of AZ each individually if there be more than one named,its true and lawful attomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of February 2021 Liberty Mutual Insurance Company P�1NsuRq Pvty INs& tNSU'a The Ohio Casualty Insurance Company AJ °oaPORv, ti� ,,� ooaPORo,�y `GP°oaPOf4r y0 West American Insurance Company .7 3 Fo Rt V 3 Fo rtt W 3 Fo � 1912 0 1919 1991 (� 0 „3 ZsF rmO Q Wo U YdJ1�S4CHt15�,da AMPSa.aa `!S1 �NDIAN�' .aa 13 t`rs David M.Carey,Assistant Secretary M co State of PENNSYLVANIA ss County of MONTGOMERY o E On this 23rd day of February 2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance c0i at a Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes E a) therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > CU cIN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O t6 P PAST IL 0 Q��MON WF F<' Commonwealth of Pennsylvania-Notary Seal T= ° qI Teresa Pastella,Notary Public N'— 60 � d o OF s 9 Montgomery County ,e®- 1 ` O My commission expires March 28,2025 B ��Q N C ��v Commission number 1126044 y �j. t_VP G Member,Pennsylvania Association of Notaries eresa Pastels,Notary Public � Q O ,S)(D This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3 0-9 Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: d E 6 ARTICLE IV—OFFICERS:Section 12.Power of Attorney. -00 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the a C:) President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety M CO any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall M L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such Co a) Z0 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the 2 d provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ti— ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and sffixed the seals of said Companies this 19th day of April 2022 . P�1NSU� P�Z( INS& 1NSURq PO 0.P0P' PO -y j 3°p0. �jFo eta` c 3°° �TFo yc+ g 3�°a �rFo 1912 0 o\s 1919 o 1991 C) Usb�aa y0\ OAMPS�P a� 'f 'A'DIANP' a3 By: CH eh * *� oyl * d s3M * *ad Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Cc 02121 NOTARY CERTIFICATE Subscribed and sworn to before me this ZZ day of 52022, 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 T11JI'1I before me, Month, Day, and Year Nw&& Insert Name and Title of Notary personally appeared r. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(g)(q/are subscribed to the within instrument and acknowledged to me that 0/sl}e/tley executed the same in(p/herf'their authorized capacity(ies),and that by6l)/hp-> thair signature*on the instrument the person(,,4, or the entity upon behalf of which the person(g) 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. . JESSICA CHAFFEECommission No. 224026Z (aw NOTARY PUBLIC-CALIFORNIA SAN AERNARDINO COUNTY Comm'Expires AP41L 29, 2022 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Z � � d m OD tgo .0 IVg 3 n