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Fleming Environmental Inc. - 2023-07-18
RjCEIVED BY: CITY CLERK RECEIPT COPY fi �CCc n Return DUPLICATE to r� City Clerk's Office (Namel after signing/dating q ( 1a ' iLl (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: COOP(?,r2 y SUBJECT: Bond Acceptance I have received the bonds for Re/Pity j7V/1 Jf) / (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. 7•&707-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. /&'5/ Approved V/F/ 3 (Council Approve Date) CC No. Agenda Item No. r,13'.5- 2 MSC No. City Clerk Vault No. (p i). ) Other No. SIRE System ID No. 101/6DAOO g:/forms/bond transmittal to treasurer , in CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: 8/23/2024 TO: THOSE LISTED HEREON FROM: Patrick Bannon, Capital Projects Administrator SUBJECT: Retention Release Payment- PO#30197-OJ Supplier#94242 Co.#314 Civic Center UST Replacement, Project#CC-1651 Contractor's Name: Fleming Environmental Inc Address: PO Box 6130 City, State and Zip Code: Fullerton, CA 92834-6130 Phone Number: 714-871-2800 Notice of Completion (Date by City Clerk): 6/19/2024 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. a Chau Vu, Director of Public Works I certify that there are no outstanding invoices on file. 13001)-4 JIC M Date Joyc&-k4/". s, 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. 1//%2y .cam Date 22 in sta u, City Clerk �jfjp/j� J ���yj� 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 Recorded in Official Records; Orange County Hugh Nguyen,.Clerk-Recorder ' 1101111111111111111110111 Ili 111111111 I f NO FEE PLEASE.COMPLETE THISINFORMATION * $. R 0 0 1 5 0 0 2 8 1 2 $ RECORDING REQUESTED BY: 2024000152430 3;13 p'mi 06119124 90 CR-SC06 N12 1 0.00:0 00 0.00 0.00 0.00 0 00 0,000,000.00.0.06 • . WHEN RECORDED MAIL.TO: • CITY.OF.HUNTINGTON BEACH • PUBLIC WORKS DEPARTMENT e. --Pr t jclt=Baiihono► • `P.O.Box 190-2000:Main Street, Huntington Beach,CA 92648 . • THiSSPACE FOR RECORDER'S:USE ONLY . TITLE OF DOCUMENT • NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of.Huntington Beach,csNner In fee,2000 Main Street,Huntington Beach,CA 92648,that the contract heretofore awarded.to Fleming Environmental Inc,who was the company thereon for doing the following work to-wit: Civic Center UST Replacement,Project#•CC=1651 • That said work was completed•. --i-i3/ 2 by saidcompany pany according to plans and specifications and to the •• satisfaction,of the:Clhr. inset or the untington Beach and that said work was accepted by the.pirectorof Public Works.on 3 ' G f ,per City Council Resolution No.200340 adopted October 6,2003. That upon said contract•Fdelity and Deposit Company of Maryland,was surety for the bond given by the said company.as required This document is solely forthe:official business of the City of Huntington Beach,as contemplated under Government Code Section 27383 and should be recorded free of charge. . Directs ubiic Works or City Engineer ate ` City of Huntington Beach,California . • ' STATE OF CALIFORNIA)' County of Orange, t )ss: co of Huntington Beach ;) I,the undersigned,say:i:aril:art Agentof.the City of Huntington Beach,owner In lee,in the foregoing NOTICE OF COMPLETION. 1 have lead 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 tnat said NOTiCE.OF COMPLETION was duly and .regularly ordered to be recorded In the Office of the County Recorder of Orange Coun • This document Is'solely the official business of ; • the of Huntington Beath; contemplated / Y D cto Public'Works or i E ire " under Government code section 27383 and ire ng should be recorded.f five Of chard . City of Huntington Beach,California THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. (Additional recording fee applies) TN*document is utility for the o!llcial beakless:of the City of'Huntl gton Beech, ' aa'contemplated under.60ve+rtiment.Coda Sec.27383 end shot#b recorded free • of:charge.. 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: CC-1651 Project: Civic Center Underground Storage Tank (UST) Replacement 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 17th day of Aril 20 24 , at Fullerton _, California. erry L. Fleming Jr. President (Contractor ame) Fleming Environmental Inc APPROVED F By: Micael E. Gates Ci Attorney 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1651 Project: Civic Center Underground Storage Tank (UST) Replacement 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 17th day of April , 20 24 , at Fullerton , California. Terry L. Fleming Jr. President (Contractor Name) Fleming Environmental Inc APPROVED Jo FO By: Mi ael E. Gates ty Attorney 1 CONTRACTOR'S CERTIFICATE Terry L. Fleming Jr. , state and certify that: (Name of Declarant) 1. Fleming Environmental Inc. is the general contractor to the City of Huntington Beach ("City")on Contract No. CC-1651 (the"Contract") for the construction of the public work of improvement entitled: Civic Center Underground Storage Tank (UST) Replacement (the"Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California(list all disputed claims; if none, write "NONE"). NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Fullerton, CA on this 1 day of April 20 24 igna of Declarant) APPROVED AS ORM Michael . Gates City Attorney 1 Bond Number:7670709M Premium:Included in Performance Bond MAINTENANCE BOND • • KNOW ALL PERSONS BY THESE PRESENTS: That Fleming Environmental Inc. (contractor's name) PO Box 6130 Fullerton,CA 92834-6130 • (contractor's street address,city and state and zip code) as Principal(hereinafter called Contractor),and: Fidelity and Deposit Company of Maryland (surety's name) 1299 Zurich Way,Schaumburg,Illinois 60196-1056 (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 Schaumburg as Surety(hereinafter called Surety),are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee (hereinafter called Owner), in the amount of * Dollars ($1,127,008.43 ), 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, *One Million One Hundred Twenty Seven Thousand Eight Dollars and Forty Three Cents 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 August 9 ,2023,entered into a contract with Owner for the Civic Center Underground Storage Tank(UST)Replacement Project in accordance with drawings and specifications prepared by n/a 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 Contractor's 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 April 9 ,2025, 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 default(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 10th day of April , 20 24 Principal Raised Corporate Seal Fleming Environmental Inc. [MUST BE AFFIXED] (Contractor Name) • By:F Seal) • Principal Raised Corporate Seal Terry L. Fleming Jr. [MUST BE AFFIXED] • President (Title) Fidelity and Deposit Company of Maryland ((Surety Name) By: \ (Seal) Evett Lam,Attorney-in-Fact - i APPROVED AS RM B • NOTES: Ichael E. Ga es, City Attorney 1. Acknowledgments must be completed and returned ?mil as part of the bond. 13('361 1 2. Raised Corporate Seals are mandatory. 3. Please attach Power of Attorney. 15-4584/118138 2 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange On 4/17/24 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming Jr. 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 signatures(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 JENNIFER MARTIN and correct. Notary Public•California Orange Counr, ;yi Commission;2398619 WITNESS my hand and official seal. &.•a•• My Comm.Expires Apr 22.2026 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Terry L. Fleming Jr. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Partner ❑ Limited RIGHT THUMBPRINT ❑ Limited RIGHT THUMBPRINT O General OF SIGNER 0 General OF SIGNER O Attorney in Fact Top of thumb here 0 Attorney in Fact Top of thumb here ❑ Trustee 0 Trustee O Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: • Signer is Representing: Signer is Representing: • • • 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 Orange • On April 10th,2024 before me, Brigid Lopez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Evett Lam Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sk whose name(sit is/a a subscribed to the within instrument and acknowledged to me that t1 /she/th:ey executed the same in bxs/her/their authorized capacity(i s),and that by!is/her/their signature(a)on the instrument the person(*, • or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. F ry BRIGID LOPQ Notary Public•California n Orange County Signature Commission May 2,0 9 c+u:o•" My Comm.Expires May 2,2027 Sign ure of No ry Publi Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can de •r alteration of the document or fraudulent reattachment of this form to an unint- ded document. • Description of Attached Document _. Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Name, Above: Capacity(ies) Claimed by Signer(s) Signer's Name: igner'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: :4�.'n;S�,4�.�<V<�<�<�<�<�4�<'r/�Ge'G�.<�<�?���<�4�.<\�4\�4��<_✓.<�ti.G�y<�:.4�G�.�<�,G\:.�G�4\�4�.<VG\:<�.4\e�'.✓4�4�.<'- ©2014 National Notary Association •www. ationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Norman K.PIERCE,Marisella RIVERA,Brigid LOPEZ,Brian A.MCGOLDRICK,Evett LAM of Placentia, California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of June,A.D.2022,. ``/lq I4,, 11,11111a1111/r ,,,,II"" 4 ♦,��J�lN6 �4 ♦�,�+,� USEALt" "SEAL°' S�I.t eSEALse �s` '4hI1111,10". ''�4,h1111„IR"�da %non11111fl ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of June, A.D.2022, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. • IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. fr ��P�•, ,,r}yti Constance A.Dunn,Notary Public ''0;1i:nf••ti.- My Commission Expires:July 9,2023 ink fu 11rk` Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney.Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 10th day of April,2024. Mawyyyi N 00"""4Wy .� W fs '� per`o r- Q- ra` c'tIA D pm _ � ° m _ -. °S m g E S SEAL g9 SEAL `E t j°5 E g �� F eF pp,, y� c� M e %y m9 /J By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING MU PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Ph: 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims(a,zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) •A, CITY OF HUNTINGTON BEACH IV INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 0o/02 y SUBJECT: Bond Acceptance I have received the bonds for Rein/Pefrvanne,r1-7,6 JLC.i. (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. 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. Ifi,57 Approved ?-//F/• 3 (Council Approva//ff Date) Ft� CC No. • Aida-Item No. 023'. MSC No. City Clerk Vault No. /tT,00. 67.) Other No. SIRE System ID No. (D4/O(71Le ) g:/forms/bond transmittal to treasurer RE EIVED BY CITY CLERK RECEIPT COPY ', 1Glr + \�flia Return DUPLICATE to I t JL� City Clerk's Office (Name) after signing/dating C� ^ n 1 i J' ,`J (Date) 1 I, Q CITY OF HUNTINGTON BEACH a INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 1 I -423 SUBJECT: Bond Acceptance I have received the bonds for r km11Y wins VYV 6-1-71 I lrtz • (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. LO I—N-171 Payment Bond (Labor and Materials) Bond No. 'V'1 t7 1 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 1- 1 ig/2 ' (Council Approval Date) CC No. Agenda Item No. :3 'S Z MSC No. City Clerk Vault No. LICO• 50 Other No. SIRE System ID No. tp 4OO l/O g:/forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Fleming Environmental Inc FOR . Civic Center Underground Storage Tank(UST)Replacement Project CC— RP51 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 Fleming Environmental Inc , a Calinfornia 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 . Civic Center Underground Storage.Tank(UST) Replacement Project,.CC-1651. in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW,THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as.follows: 1. STATEMENT OF:WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and.furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete..and construct the PROJECT in a good and workmanlike manner: CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx-revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work,except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND . SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents(as defined below in this Section), has inspected the, location of the job site, and the conditions under which the work is to be performed,and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and.its subcontractors, if any, shall be bound by the Contract:Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; . B. Bonds covering the work herein agreed upon; C. The CITY's standard: Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions,amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 . D. The edition:of Standard -Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all,amendments thereto, written and promulgated by. the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal,(which is attached hereto as Exhibit"A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and-not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee(hereinafter referred to as "DPW"), and CON TRACTOR 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 one million,ninety three thousand three hundred seventy one Dollars ($ 1,093,371.00 ), 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. CON TRACTOR agrees to make any and all changes,_furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. :When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal,:the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted ;change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly: 7. NOTICE TO PROCEED No work, services,material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the.work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site; for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS - Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent(100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work,and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. . WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the,work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is,and shall be,acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall. secure at its own cost and expense,and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract docx-revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or:completed within the number of calendar days as set forth herein, damage will be sustained.by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and,by reason of such delay. It is,therefore, agreed that CONTRACTOR will pay.to CITY, as liquidated damages and not as a penalty, the sum of one thousand dollars ($ 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 CON IRACTOR hereunder. . CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes,unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment,the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay: No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. . 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. • A. Definitions:: (1): "Change Order"means a document signed by the CONTRACTOR and CITY, which authorizes an addition, deletion or revision in the work, or:an adjustment in the Compensation under Section 3,or the Completion Time specified at Section 4. (2). .. "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract docx-revised 04/2016 (b) Payment of money or damages arising from work done by,or on behalf of, the CONTRACTOR pursuant: to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the.CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement..or the Contract.Documents, or unknown physical conditions at the job site, of an unusual nature,differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (0 A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods,labor disputes,epidemics,abnormal weather conditions or acts of God. . .: B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order: C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his or her written designee).: All Demands shall be submitted promptly,but in no event later than thirty(30)days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and;include all documents necessary to substantiate the Demand.The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen(15)days 9 16-5195/City Funded Construction Contract.docx-revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested,whichever is greater. D. Notwithstanding .the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. :. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer,in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively,and request an informal conference to meet and confer for settlement of the Demand. . Upon the CONTRACTOR's request,the DPW shall schedule a meet and confer conference within thirty(30)days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY:and CONTRACTOR are unable to reach a mutual agreement,then the City Engineer shall issue a written:decision on the claim within a reasonable time. G. Following the meet and:confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900)and Chapter 2 (commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT,:in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. DPW may,at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the=actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim, by CONTRACTOR for an equitable adjustment in price or time:for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion,DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as.in its sole judgment the findings warrant 14. PROGRESS PAYMENTS Each month DPW will make an.estimate:in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent(5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the,judgment, of DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract docx—revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR,if unencumbered,or any part thereof unencumbered,shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided,however,that in the event of a dispute between CITY and CONTRACTOR,.CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law,each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement: Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities.equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After . the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items,if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 . 16-5195/City Funded Construction Contract.docx—revised 04/2016 or items in connection with Notices to Withhold,which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. - The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement,:and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY,forfeit twenty-five dollars ($25)for each calendar day or portion thereof for each worker paid(either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular:craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to' execute this Agreement, and the same:has been:set forth by :. 13 16-5195/City Funded Construction Contract docx-revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by.California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code,:CONTRACTOR agrees to secure payment of compensation to every employee.. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code,Sections 1810 et seq,shall apply to the performance of this Agreement;thereunder,not more than eight(8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8)hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1,815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California:Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the .: name and actual hours worked.each calendar day and each calendar-week by:each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code. Section 1813,CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight(8)hours in any one 14 16-5195/City Funded Construction Contract.docx-revised 04/2016 (1)calendar day or forty(40)hours in any one(1)calendar week in violation of California Labor Code Section 1815: 20,. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the'California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. .: 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and.the Division.of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. . INDEMNIFICATION,DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused,including those.resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx-revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CON 1'RACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable: The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code,which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory.limits. CONTRACTOR shall require all subcontractors to. provide .such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY:a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. .: 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 • 25. INSURANCE In addition to _the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY;CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance, including motor vehicle • coverage covering the PROJECT: This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined. single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars($1,000,000) for this PROJECT. This policy shall name CITY,its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties")as Additional Insureds,and shall.specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CON I'RACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties: Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to.CONTRACTOR shall also be available to the Additionally.Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars($5,000.00) is permitted: CONTRACTOR shall be responsible for causing all Subcontractors to.maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement 17 16-5195/City Funded Construction Contract.docx-revised 04/2016 26. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement;the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. : State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. . CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY: The requirement for carrying the foregoing insurance coverages shall not derogate from,the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY.or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums:on all insurance:hereinabove:required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,elected. and:appointed officials,:employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant :to Public Contracts Code : §9202, CITY . shall provide notice to CONTRACTOR of receipt of any claim filed with CITY:or a court.of.competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx-revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work.within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have,terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR,CITY may elect not to terminate this Agreement;in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29: 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause,and whether,or not PROJECT is fully complete upon seven(7)calendar days written notice to CONTRACTOR. In the event of termination, under- this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR. shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be..entitled to recover overhead, profit or CONTRACTOR's fee on work not.performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract docx-revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other-documents :pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY.official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any �' financial interest in this Agreement in violation of the.California:Government Code. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices,Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR CITY may charge an administrative fee of.One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract docx-revised 04/2016 34. NOTICES Any notices, certificates,or other communications hereunder shall be given either by personal delivery to.CONTRACTOR's agent (as.designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY.and CONTRACTOR may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery,reputable overnight carrier or U. S.:certified mail-return receipt requested: TO CITY: .. TO CONTRACTOR: City of Huntington Beach Fleming Environmental Inc ATTN: John Martin Public Works ATTN: Terry L.Fleming 2000 Main Street PO Box 6130 Huntington Beach, CA 92648 Fullerton,CA 92834-6130. 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,define,limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 . 16-5195/City Funded Construction Contract docx-revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions:of United States Code Section 1324a regarding employment verification. 37. LEGAL.SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITTY shall not be liable for payment of any legal services expenses incurred.by CONTRACTOR.-.. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear. its own attorney's fees, such that the prevailing party shall not be entitled to recover:its attorney's fees from the non-prevailing party.: 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or :. neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx—revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law,and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required . under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx-revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and.right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises,agreements or warranties,oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has_not executed this Agreement in reliance on any representation, inducement,promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in:writing between the parties respecting the subject matter hereof 24 - 16-5195/City Funded Construction Contract.docx-revised 04/2016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on August 9 20 23 iPprinf h, a & ./ trX /f/ .20.23 CONTRA R: Fleming Environmental Inc. CITY OF HUNTINGTON BEACH,a municipal corporation o State lif By. Lee Terry L. Fleming Jr. Mayor9.4 .417.141444) (print name) ,,,/co, ITS: Chairman President ice-President ity Clerk /2 .23* (circle one) INI ND APPROVED: AND ire for of Public Works Terry L. Fleming Jr. (p '. •: t.. •A A D APPR t VED: ITS: MIP Chief Financial Officer / Asst. \` Secretary reasurer (circle one) ' 17 APPROVED '� ! : cc, ity A orney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 °A 1 SECTION C PROPOSAL for the construction of Civic Center Underground Storage Tank(UST)Replacement CC No.1651 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 10Q working days,starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc.,and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts, and words shall govern over figures. C-I if awarded the Contract, the undersigned agrees tliA in the,event of the BIDDER'S default.in executing the required Contract and filing the necessary bonds and insurance certificates within IQ world-rig days after-the date of the AGENCr8 notice of award of contract to the BIODER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid,and theacceptance hereof may, at the AGENCY'S option,beeonsidered null and void: t‘ to ' Accompanying this proposal of bid,find gld in the amount ofELV337. which said amount is not less than.10%of the aggregate(of•the total bid price, as required by the Notice Inviting ELECTRONIC: Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", 0.17 ".Tt iNer's Bond for).6%,", as the case may be) Any standard Surety Bid " Bendform is acceptable. Bidder shall signify receipt°fall Addenda here,if any: Addenda NO. Date Received Bidder' iknature thrk..- BID FORM UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization LS 1 54,000.00 54,000.00 2. Demolish and Dispose of EA 1 Existing Fuel Canopy and Dispensers, Fuel, Vapor and Vent Piping.Abandon 83,952.00 83,952.00 existing UST in place. 3. Erosion & Pollution LS 1 Control BMPs 21,540.00 21,540.00 4. Potholing at EA 2 Proposed Canopy 1,730.00 3,460.00 Footings 5. Utility Locating and LS 1 6,383.00 6,383.00 Potholing 6. Saw Cut and Remove LS 1 Asphalt and Concrete 48,220.00 48,220.00 Paving 7. Trenching, conduits LS 1 42,840.00 42,840.00 and backfill 8. Remove and relocate LS 1 fuel-management 4,930.00 4,930.00 system 9. Fuel Canopy Footing & EA 2 9,600.00 19,200.00 Anchor Bolt Installation 10. Install Shoring for New EA 1 114,945.00 114,945.00 UST Excavation 11. Install New UST, LS 1 Sumps, Vent Riser ' Assembly& Piping 275,800.00 275,800.00 (including UST offloading from delivery vehicle and installation) 12. Install Canopy, New LS 1 Fuel Dispensers, 122,900.00 122,900.00 Sumps & Hanging Hardware 13. Provide and install leak- EA 1 17,550.00 17,550.00 monitoring console City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.1 14. Provide and install tank- EA 1 4,680.00 . 4,680.00 level probes 15. Provide and install leak EA 6 875.00 5,250.00 sensors 16. Install New Asphalt ' LS 1 175,410.00 175,410.00 Paving and Base 17. install New Concrete LS 1 58,944.00 58,944.00 Paving and Base 18. install 4" Dia. and 6" EA 9 Dia. Bollards Per Plan 1,049.00 9,441.00 19. Provide New Pavement LS 1 4,680.00 Striping Per Plan 4,680.00 20. Closeout and LS • 1 19,246.00 19,246.00 Demobilization TOTAL IN NUMBERS: $ 1,093,371 .00 TOTAL IN WORDS: One Million Ninety Three Thousand Three Hundred Seventy One Dollars and No Cents Bidders must provide pricing for every bid item. The lump sum amount for Mobilization shall not exceed five percent(5%) of the total amount of the bid,unless the bid documents indicate otherwise. The estimated quantities for unit price items are for bidding purposes only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Compensation for items of work not specifically identified in these bid items shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the Plans and Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional compensation shall become due the Contractor. City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and busiriesS 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 Subcantractor. 73rd Name OM I Address of state ch.thi DIRPWC Dollar iXof .Item(s) Subcontractor License Reostration# Alward Contl'act Number tatCrcn• ILI 7c, 5. tio.,116i,i 1 Ski c‘ CR 61)31 C., 1SIVSts 17;) 10005Ars $isci,sco,a) tio Veravz.ce, 0.0:A-etc a 61,1)14 A1/4NX, 0,60 ?lop° 610orici ic)0001Cub 500.0(C) w.ta c•ir P11,C01•C C' r cpc30 tsci 's, Pt loboov0076 .5c939,co 5' 6 By submisSion of this proposal,the Bidder certifiesf 1. That he is able to and will perfonn:the balance of all work which iss not covered in the above subcontractors listing. 2. That the AGENCY will be furnished.copies of all:subcontracts entered into.arid bonds: furnished:by subcontractor for this project; C-3 • • NONCOLLUSIONATTIDAVIT TO BE gNEtMTETY)BY.0.1.01)ZR AIND-:SVIIMITTgD WITH BID • I declare under.penalty of perjury under the laws of the State of California that the foregoing is CA true and correct and:that:this declaration is executed on-6-111-Z,at Fullerton DOte ,S'Iate Terry L,'Fleming,.4r. heing.first duly sWorn, deposes:and says thatlie or.she is President .of Fleening. Enififonhientl.Inc the party making the foregoing bid that the bid is not Made in'theintereSt of,or on the behalf of,any undisclosed pet.son, partnership, company, association, organitation, or corporation; that the bid is,genuine and not collusive or sham,that the bidder has notdirectlyorindirectly induced orsolleited any pther bidder to put ill a false or Shan't bid,and has not directly or'indirectly colluded.,conapiredieotinived, or agreed with any bidder or anyone else to'put.in a sham bid; O.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 bidprice,pr that 4km:15,0.1pr-bidder; or.to secure any advantage against the.public'biddy awarding the contract of Anyone interested in the proppsed.contract;that all statements in the bid are-true;and,further;that-the bidder.has not,directly Or uidnectly,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 Cal partnei'ship,company association,:Organization,bid depoSitou;'or.to'any member or agent thereof 'or shatri Fleming Frvironmpntal Inc „ 1 NatilO:of Bidder Flettiin0,.Jr., President Sigtrfrria ureo • -ler P.O Box 6130,-Fiille#6n, Ck928.341-6130 Address of Bidder- . • C-4 UTILITY AGREEMENT HONORABLE:MAYOR AND CITY COUNCIL CITY:.0FRUNTINGTON.13).UCH,CAMORNIA • Oentlemeii: The undersigned herebypromiSes ancLagrees that in the perforinanee of the work specified in the contillo; known as the Civic center:T.Indergeouatt::Storage. Tank (UST), ttoplacentent, (WOO) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any.electrical secondary or-transtnissigit facilitio-, The teim Person" is: • defined in Title.8,!cal irri ia AdininistratiVe.:Code,i$ cti on.2700,as-follows:. "Quatifkfli'Per*:. per.soi:who,.by r6a.svo of expc iencc Or in.sIi uCtioli, ija,m1wi wirn:tho .operation to.beipedbrined dficitheliozards.invoivedit The ocleitigned,also prOiniSed and agrees that,all:Such woricthiill be performed,in accordance. with all applibable electrical.utility company's requirements„Public.Utility Commission orders, and.State of California Cal-;OSHA reViikenients., • The phdeyaigtle4:,fprtbeg piomises and agreesthat$6:pebyi$iOn 'heltin shall he and..are binding. • upon any subcontractor 01 subcontractorS that may be retained.o1.employed by the undersigned, and that the undersigned shall take :4eps, a are necessary to. 'aSS.tire:compliance by any said ubcpptractotets,tibebotraeters with therequitements Contained herein. • • Fleming Environmental Inc controoy Terry t. Fleming., Jr. By. President . . 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 lX No If the answer is yes,explain the circumstances in the space provided, • Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. • C-6 COIVOENgATIONIN:SURANCECERT.I.MAT.F. Pursuit-114o.Section:1 6.1. 006:State Luber:Code;eachcontractortomhom a public works.contract haS been aWarded shall sign the folloliVingeertificate;. • I am,aware:or the:provisions.of.Section.110.9 of the Lqb0 Code which icqune Ofery employer to be insured.against liability.'for Workees compensation or.to undertake self. inSurance-w accordance with the-provisions of that code, and I will comply with such proViSiorii before commencing performance of the,work of this:contract Fleming Environmental Inc Contrac • Terry L. Fleming, Jr. 1.3Y • President- Title Date: 5 1-n • • . • BJDDER'S INFORMATION • BIDDER certifies that the following information is true and 6Orreet: Fleming Environmental Inc Bidder Name P.0 Box 6130 BOinpss Addrdss Fullerton, CA 92834-6130 City, State Zip 714 871-2800 ) tflerning@flemingenvironmental:com 'Telephone Number Email Address 746017-A HAZ B C61/D46 State Contracto?s Lidensello,and Class:. 2118/1998 Original Date Issued 2/29/2024 Expfration pate- Terry L. Fleming, Jr. The:work.site Was inspected by of our office on - , The following are persons,firms,and corporations having a principal interest in this proposal: Terry L. Fleming, Jr. President/Secretary/Treasurer Michael Fleming Vice President The undersigned is.prepared to satisfy the Council of the City of Huntington Beach of its At?ilitY, financially Or otherwise, to perform. the contract for the proposed work and improvements in accordance with the plaris4ind specifications:set.forth. Reniing Environmental Inc 'Coin a aim S4,Tnitiiiiir131.4rder Terry L. Flpming; Jr., President Printed or Typed Signature C-8 • CALIFORNIA ALL-PORP.OggACKNOWLFDGEMNT 'Civil Code §1189 A notary public:at other officelCampleting this:certificate verifies'only the'iclentity.of the individualmho signed the:document to, which:this certificate is attached,and notInetruthfUlneS§;acctiracy:or validity of that clbounJorit: . . • $tate of California • County••of Orange .-5/2.4/23. before:me; Jennifer Martin;.NotarvPublic Date Hereinsert Hain bog Tille.ef theDfficer personally appeared'. Terry L.Fleming,Jr. Narrie(s)of:Signar(a) . . . .. . ! who proved to Me..oh-the basis of satisfactory evidence to be the.person(s) whose name(s) is/are subscribed to the w(tNtl, .instrument and acknowledged to me that 'he/she/they executed the .same in his/her/their authorized capacity(lea),.and that:by:hisiheritheir'Signatures(s):.on the instrument the.:persori(s), or the•entity• :upon beh,aif'Of,Which the.peraph(ayacted,,03ceputeG•the:,.instrument,• .1'''''‘"•""4""61. .fv.P.!., • . Jp4i4frtritwoN c:rtoiofyr:ret.i6ner PENALTY OF PERJURY' underthe laws of the State of California that the foregoing paragraph is•true n Notary-Pm* Catifarila • I Orrge CT:my ! WITNESS my hand anddffiCialSeal. commis,s1.9r, Z3”619 “.• MY COnifn•PP,F.0 4t, g).; Signature, • •AA Signature of: otartPublic Pike NOT*S'eal Above OPTIONAL .71)94011.the infornialion be/Owls not requited by:lek it play prove valuable to.persdns relying Orillie document and putrid prevent frirdirlentrerabvatapdreattaohriipritof(Wform:to*OtherdOctiment. Déscriptión af:Attached Document Title.or Type of Dactittient: Document Date:i NuMber of PageS.:', Signer(S).Other Than NaMed AbOve: Capacity(ies)Claimed by Signer(s) Signere Name:. Terry L.Fleming Jr. Signer's Name:. O Individual o Individual o Oarpqrate Officer— U: harp-orate Officer—Titles): Q Partner 0 Partner Limited U Limited' . RIGHT THUMBPRINT RIGHT THUMBPRINT 0 General : OF SiGNER 1:1 General OF SIGNER 0. Attorney in Fact : Top of thumli.hOre CI Attorney in Pact Top of thurn4 WO. LI: Trustee .0 TrUstee • Guardian or Conservator • 0. Guardian orConservator u Other: 0 Other: Signer is Representing: . • Signer is Representing: . . NOTARY CERTIFICATE Subscribed andswornto:before me this day of . • A notary public ot. 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 Valid ity of that document. State of . ) County of • On before me, Month,Day,and Year insert Name and Title of Notary personaliyappeared Name(s)of Signer(s) who proved to in on the basis of.satisfactory evidence to.be the person(s).whose name(s) subscribed to the within irigrument and acknowledged to me that he/She/they executed the same in his/her/their authorized•capacity(ies),-andthat by his/her/their signatiire.(S)-on the instrumentThe person(s),ortheentity 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 lny hand and Official seal, Signature Signature ofNotary (PLACE NOTARY SEAL ABOVE). • • • • C-9 • Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of multi-pump fueling stations, canopies, and the replacement of underground storage tank(UST) systems with capacity of at least 5,000 gallons . 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 South Gate 8650 California Ave. South Gate, CA 90280 Name and Address of Public Agency Name and Telephone No.of Project Manager: Emilio Murga (562) 505-1001 $279,823.00 Fuel Station Improvements August, 2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Fuel Station Improvements 2 City of Los Angeles 555 Ramirez SP 312, Los Angeles, CA 90012 Name and Address of Public Agency Sean Sullivan (213) 978-3781 Name and Telephone No.of Project Manager: $2,000,000.00 Fueling System Maintenace at Multiple Sites in 1A Ongoing Contract Amount Type of'Work Date Completed Provide additional project description to show similar work: Fueling System Maintenace at Multiple Sites in LA 3. Prologis 5520 Kietzke Ln#230, Reno, NV 89511 Name and Address of Public Agency Name and Telephone No.of Project Manager: Ron Haroon (404) 969-0049 $815, 929.00 Fuel Facility Upgrades April, 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Fuel Facility Upgardes C-10 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. Terry L. Fleming, Jr. Name of proposed Project Manager Telephone No.of proposed Project Manager: (714) 871-2800 City of South Gate UST Upgrades July, 2022 Project Name&Contract Amount Type of Work Date Completed City of Los Angeles UST Upgrades Ongoing Project Name&Contract Amount Type of Worfc Date Completed UNFI Foods AST Upgrades Apirl, 2023 Project Name&Contract Amount Type of Work Date Completed 2 Ron Ferris Name of proposed Superintendent Telephone No.of proposed Superintendent: (714) 871-2800 City of South Gate UST Upgrades July, 2022 Project Name&Contract Amount Type of Work Date Completed City of Los Angeles UST Upgrades Ongoing Project Name&Contract Amount Type of Work Date Completed UNFI Foods AST Upgrades April, 2023 Project Name&Contract Amount Type of Work Date Completed C-11 • CONTRACTOR REGISTRATION WITH'CALIFORNIA.DEPARTMENT OF INDUSTRIAL IMATIONS(DIR) CERTIFICATE Pursuant to:SB $54(citing Labor CocloSection 1771.1(a)),passed by the California State Senate, on June 20,20.14,tatablished a new public works Contractor RegistrationPrOgrarn,.which requires, all .contractors:.and subcontractors bidding and performing Work on Public Works Projects to register en an annual basis (each July 1 through June 30•statc fiscal year) with the.California Department of Industrial Relations(DIR).Currently the annual nOn=refunclable-registration fee fOr Contractors.is$300. Bach.contractor tO.Whom a public works contract has.been awarded.shall • sign the following.certificate. DIR FACT-SHEtT on St 854 http//www.dir.ca.gov/DLSEfPubiicWorks/SB854FactSheet6.30J4.pdf DIR's Contractor Registration Link.—Call(844) 5.21-0.74 https://efilingdir.ca,goviPWCR/ACtionServlet7action=clisplayPWCRegiatrationForm • DIR's Contractor RegiStrationsearchable database:: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with die-proVisions of Labor Code Section 11.771.1(0-which states: "A Oritradtor or subcontractor shall hot be qualified to bid on,be listed in a bid proposal, subjectto the requirements.of Section 4104 of the Public Contract Cede,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 1,725.5, 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 or20103.5 of • the Public,Contract Code, provided the.contractor is registered to perform public work • pursuant te,Section 1725,5 at the time the contract is awarded.r. . I fUrthermore will,comply by providing pro.of of registrationvvith DIR as the primary contractor, forALL subcontractors at the time oftnbrnitting the bid. Fleming Environmental Inc Contractor Terry Fleming, tflerning@fleMingenvironmOntal.com. Email President Title 'Date: -tuk- ) . PWC Registration#: 100.0006319 • C-12 • • ilo moiND KNOW ALL,MEN BY TI.1ES13 PlU SENTS; That we, Fleming Envilotnnent:il,Inc. as Principal,(hereinafter called the.!"Principal""),and Fidelity and Deposit Company ofMaryland ,a corporation duly organized under'the laws • of the State of Illinois ,its Surety,(hereinafter called tire'"Stir ty"),arc held and tinily bound onto, City ofluutington Beach as Obligee;(hereinaller called tile."Obligee"),in the sunx of Ten Percent of Amount Bid • • Dollars($ '19%tifAtnount;Bi(.l ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs,:executors, adnlinistralo►:s,successors and assigns,jointly and severally, firmly by these presorts.. WH EUI3AS,.the Prig dipal has submitted a bid for • • Civic Underground Storage Tank'Replacement CC INTO: 1651 • NOW,TFIERJ3FORE,if the Obligee,shalt accept the bid of•the Principaal and the Principal shall enter into a contract: with the Obligeein accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding- or contract doellnlents:with good and stttlieletit surety for the faithful pertoun dice of such contract and for the prompt ,payment.of labor anti material fiirnished in the:prosecution thereof;Or,in the event of the failure of the Principal to enter into such contract acid give such bond or bonds,cif the Principal shall.pay to the Obligee the:difl`erence not to exceed the penalty hereof between the amount specified in:said.bid•and such larger amount•fogy which the Obligee May in good faith contract with another party io perform theworlrcovered;by:said:bid,then this obligation:shall he null and void, otherwise to remain in full force and effect. • Signed and:scaled this' 17th dayaf May Zb23 A.D.,. Mein*gilvirontnental,Inc. '\/\i d1, i` �r Priwcipn/ Witness n(S' A L) Terry If. Fleming, Jr> President Fidelity and,Deposit Company of Maryland Stir y .0141/01 (SEAL) Marisella Rivera iWitiress By t in- ,r1 iornep-hr-Fact Printed in cooperation with the Aincricnn institute of Architects(MA)by Fidelity and Deposit Companyof Maryland Fidelity and- eposit Company of Maryland vouches lhnt'thc.language in th document conforms exactly to the Jtangurgr•_ used in MA Document A-310,Fehruaiy 1970 Edition: 13,11J70000ZZ0701 t' zIIRICIL.AMI:RiCANINSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SUI4ETV COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN l3YTHESE.PRESENTS<That fhe.ZURICH.AMERICAN INSURANCE COMPANY,a corporatitnr of the Stale:of New York,.the COLONIAL AMERICAN CASUALTY AND:SURETY COMPANY,a corporation of the State of Illinois,and the,FIDELITY AND DEPOSIT COMPANY OF MARYLAND n corporation:cif'the State'of Illinois (herein collectively called the "Cotupairies");.by: Robert I).Murray,Vice President,in pursuance of MAIMrity granted by Articie V;Section 8,of the By-L;iws of Said Companies;r which are set forth on the rcyerse side-hereof and are hereby certified to be-in full force and effect:on the date hereof,do,hereby nominate,constitute,_ and appoint Norman K.PIERCr,Marist:lfa;RIVERA,.Brigid LOPEZ,Brian,A,MCGOLDRiCK;Evett LAM'of Placentia, Clihfoa iii.t, its true and lawfblagent and,Attorney in-Tact,to make,execute,seal and deliver,for,and on its behalf as surely,and as its;act and deed: arty mud all bonds and undertakings,and the execution of.such bonds or undertakings in pursuance of these presents,,shali be as:binding upon said Companies,as,filly andLamply,to all intents and purposes;as.if they had.been duly executed-and acknowledged:by the regularly elected officers of the ZURICH'AMERICAN INSURANCE COMPANY lit its off a in New York,New York.,the:regnlariy elected ofi_teersof.the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at,itsoffice in Owings Mills,Maryland.,and the regularly elected- officers of the FIDELITY AND DEPOSIT COMPANY OF.MARYLAND at its office in Owings Mills, Maryland„.in their own proper Persons. The said Vice PresidercLiiiies hereby certify that theextract set fortivon the`reveise'side hereof is a true copy of Article V,Sectioa`8;:.of the By-Laws of said Companies;and is notiv in force. • IN WITNESS WHEREOF,the said Viee-President has hereunto subscribed'his/her names and affixed.the Corporate,Scals•of the said ZURICH AMERICAN INSURANCE•COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, find FIDELITY AND DEPOSIT COMPANY OF MARYLAND,_this2Oth day of June,A.D.2022. . pie;SEAL"r x a Skti. nI SEAL• ,. •«vr!?�r k l,=r yrf s; ',4y.::: vy,,`` "*44,„,„0" "n+q r+iui is a�: ,.r hilts, ATTEST: ZURICII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY • FIDELITY AND DEPOSIT COMPANY OF MARYLAND • • By:: Robert D.Moray YfcePPeside,i By: Dalt'n E;Bi invn Secr•etargy • .State of Maryland County of Ilaltitnore On this 20th flay of Julie, A.D:2022,. before the subsei'iber,.a Notary Public of tire.State of Maryland,duty-commissioned and.yuatified,Robert A. Mtn ray,Vice President and Dann E.Urowin,Secretary of the,Coinpanies,.to inc personally known to be the indivithtais and officers described in and who rm executed thepreceding instiaent,and acknowledgedlhe:execution of same;and being by mc.duly sworn;•deposelir.and smith,that he/she.is the said officer of the.Company afiiresaid,:and that the seals affixed hike preceding instrument me the Corponite Seals of said Companies,and.that the said Corporate Seats and the signrtture a suclr officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHI3REOF,I have hereunto set my hand nndaffrrited my Official Seal the day and year fast above written. �P1.'ar�urrr", , 04tiCr"Q. iqt i 1 =7t •:d�r�►t-i1;;�� Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 IWO Authenticity of this bond can.be confirmed itt bondvelidator;zuriclnm,coni or 419-559-8790. • EXTRACT FROM I:3Y-LPWS OP THIS COMPANIES • "Artiele.V,Sectiva=8;Ationievs imgact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President. • • •may, by written instrument under the.attested corporate seal, appoint attorneys-in-fact with authority to:execute bonds, policies, rccoguizances,..stiptilations;undertakings;or,other like instruments oft:behalf of the.Company,and may authorise any;officer or any.such attorney-in-feet to affiX the corporate seal thereto;and may with or without cause modity.of revoke any-Streit appointment or authority at any time," CERTIFICA{E 1; the.undersigned, Vice President.of, the•ZURICH AMERICAN INSURANCE* COMPANY; the COLONIAL AMERICAN CASUALTY AND SURE&COMPANY,•and the.FIDELITY AND:DEPOSIT COMPANY OP MARYLAND,do hereby certify that the foregoing Power.of Attorney is stif.in full force and'effect on the date of this certificate;and I.do further certify that Article V,Section 8,of the By-Laws of the•Companies is still in force. • • • This Power of Attorney and Certificate may be:signed by.facsimile under and by authority of the following resolution of the Board-of Directors:of tbe..ZURiCIi AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15dt day of December 1998. RESOLVED: "That the signature Of the President or a Vice President and the attesting signature of a Secretary.or ari•Assistanl Secretary and the'Seal of the.Company may he'affixed by facsiiile mr'any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature-and seal shall be valid end binding oit the Company," This Power of Attorney and Certificate may be signed by facsimile under and by authority of the.following resolution.of the..Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a•meeting truly called:and held on the 5th day of May, 1994,and-the following resolution of the hoard•of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a Meeting.duly called'and lield.on the 10th day of May,.1990. RESOLVED: t'That the facsimile or.mechauically,reproduced.seal of the:company and facsimile or meehanim illy reproduced signature- of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or.lterea[ter,.wherever:appearing upon a certified copy of any power of attorneyissued'by the Company,shall be valid and binding upon the Company With the same force and effect as.though manually atlixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name iiutiaff'ed the corporate seals of ilresaid Companies,. 'this 17th .dayof May , 2023 . Fti: r � w..• a SEAL_ By: • Mary Jean Pethick •Vice President TO REPORT A CLAIM. VITI REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF TUG CLAIM INCLUDING TIIE PRINCIPAL ON;I RIt;BOND,THE BOND NUMBER,AND YOUR CONTACT. INFORMATION TO: Zurich...Surety Claims. 1299 Wick Way Schtiumburg,:IL 60196=I056 Ph:800-626-4577 Ifyour;jurisdiction.al.kiwsfor electronic reporting of.surety ofaims,:please submit to: spr ortslciaims tt,7ttriCkoLLctlm Autltcntkeity.uf this bond can be eonfirtned et bOn validator:znricltna,com ar410-559-3790 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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.. Orange On 5/24/23 before me, Jennifer Martin, Notary Public Data Nem Insert Name andTite.of the officer personally appeared Terry L. Flemino:Jr. mimeo)nt Stgrterta) 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 signatures(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. 4, . JENNIFER r4Antr Hot Aubtic:-California g •. Oran eCoanry 'WITNESS my hand and official seal Ummbston 2390619 Comm.Expires Apr 22,2026 Signature as t A,1 . n , tj Signature or Notary.Pubtic U Piece Notary Sant Above. OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying Oft the dociimenf and could prevent fratrdulent.removal and reattachment of this four►to another document: Description of Attached Document Title'or Type..of Document: _w Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signors) Signer's Narne:. Terry L.Fleming Jr. Signer's Name: U Individual ❑ individual ❑ Corporate Officer'—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Partner ❑ Limited 0 Limited ❑ Geheral i31Gt €TI f0 P,al T t 1;T if 8E2R * 1 c�� ❑ General ee r n a Attorney in Fact Top or thumb here 0 Attorney In Fact Top of thumb,here t 1 Trustee 0 Trustee o Guardian or Conservator ❑ Guardian or Conservator ❑ Other:' ❑ Other: Signer is Representing: Signer is Representing: • 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 Orange ) On May 17,2023 before me, Brigid Lopez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Evett Lam Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/atre subscribed to the within Instrument and acknowledged to me that fie/she/they executed the same in Ms/her/their authorized capacityps),and that by Ns/her/their signature(!t}on the Instrument the person(, or the entity upon behalf of which the person(3)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. ;. r,. 6RI01D LOPEZ WITNESS my hand and official seal. Notary Public-California ' ';,Via Orange County • Commission R 2444630 +l•• Aty Comm.Expires May 2,2027 Signature ,_. S nature ofdot - Place Notary Seal Above OPTION/ Though this section Is optional, completing this infr.rmation can deter alteration of the document or fraudulent reattachment of this •rm to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Oth- Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer—Title(s): 0 Corporate Officer—Title(s): 0 Partner— 0 Limited 0 General 0 Partner-- ❑Limited 0 General 0 Individual 0 Attorney in F. t ❑Individual 0 Attorney In Fact ❑Trustee 0 Guardian or onservator ❑Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer is Representing: ©2014 National Notary Assoc'.lion•www.NationalNotary.org•1-800-US NOTARY(1.800-876-6827) Item#5907 CONTRACTORS==a x, , STATE LICENSE BOARD yr+ eEPAP%MEryt OF coN c9umEnur.eAs ACTIVE LICENSE ` 'r License Number 746017 Entity CORP Business Name FLEMING ENVIRONMENTAL INCORPORATED Ciassrteationesi A HAZ B C61/D40 . 11111111 Expiration Date 02/29/2024 www.cs l b.ca.a av 0.-= -• • Client#:1266412 305FLEMIENV ACORD., CERTIFICATE OF LIABILITY INSURANCE 4125/2023 DATE(MREDDIMIDD/YYY1f) 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NOFIEACT Sonia Morris McGriff Insurance Services LLC rar}c°Ntia,Ext},714 941-2800 (AA,C,No):877-297-1101 130 Theory Ste 200 E-MAIL Sonia.Morris@McGriff.com Irvine,CA 92617 INSURER(S)AFFORDING COVERAGE NAICII 714 941-2800 INSURER A:Crum and Forster Specialty Insurance Co 44520 INSURED INSURER s:Insurance Company of the West 27847 Fleming Environmental Inc. INSURER c:Travelers Property Casualty Co of Amer 25674 PO Box 6130 INSURER D:National Specialty Insurance Company 22608 Fullerton,CA 92834 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSR WVo POLICY NUMBER ¢NMIDDY)YYYY) (MMIDDnn e) LIMITS A X COMMERCIAL GENERAL EPK143622 0510112023 05101/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR Pollution Liab RA ES(EaEctllgi ncel $S0,000 X MEDEIfP(My one person} $5,000 X Professional Liab PERSONALFADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY l I JECT 1 1 LOC PRODUCTS-COMP/OP AGG S2,000,000 X OTHER: $ D AUTOMOBILE LIABILITY GMI023902 05/01/2023 05/0112024( e eodaeNslrtGLE UNIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S _AUTOS ONLY AUTOS PROPERTY DAMAGE S X AUTOS ONLY X AUTOS SLY (Per accident) __, i S A UMBRELLA LIAR X OCCUR EFX122740 05/0112023 05101/2024 EACH OCCURRENCE s5,000,000 x EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION SO $ B WORKERS COMPENSATION WSD507095100 05/0112023 05101/2024 X PER OTH- ERAND EMPLOYERS'LIAB7IIN�LITTY�RYI STATUTE OFFICERIMEMBER�F�(CLUDEIY;ECUTIVEn NIA EL.EACH ACCIDENT $1,000,000 (Mandato/y-inNH) E.L.DISEASE-EAEMPLOYEE S1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 C RentedlLeased QT6603L337320TIL23 05/01/2023 05/0112024 $160,000 Limit Equipment $1,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Proof of Insurance CERTIFICATE HOLDER CANCELLATION Fleming Environmental Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1372 E.Valencia Drive ACCORDANCE WITH THE POLICY PROVISIONS. Fullerton,CA 92831-0000 AUTHORIZED R(E�PREI,SENTTATTIIVE, i. 1 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #5320318441M32031781 SOMOR 5/16/22,11:09 AM litipOkaOir,speureArce:comtContractorSearch/PrintRegDetails Contractor Information Registration,History. Legal Entity Name. Effective Date E>.cpiratibn:13ate FLEMING ENV1RNMENTALINC. Legal Entity Type 6/712018 6/30/2019 Corporation StetUs 6/16/2017 6/30/2018 Active Registration NU mb dr /13/2016 6/30/2017 1000006319 Registration effettive date. OW P015 6/30/2016 711/2022 Registration expiration date 1/21/2015 6/30/2015 6/30/2025 Mailing Address. 7/1/2019 6/30/2022 P.O BOX 6130 FULLERTON 92834.6139 CA Unit.: Physical ilkkireSS 7/1/2022 6/30/2025 1372 E VALENCIA DR. FULLERTON 92831 CA Un.., EmallAddress Trade Name/DBA License Number(s) CSLB:746017 CSIfili74001.7 Legal Entity.Information Corporation Federal Employment IdentifiCation NuMber: President Name:. Terry.L Fleming Jr. Vice President Name: Michael:Fleming; Treasurer Name: Terry L Fleming Jr Secretary Name; Terry LFlemlngir. CEO Name: Terry L FierningJr. Agent of Service Name: Terry t.Fleming Jr. Agent of Service Mailing Address: PO Box 6130 Fullerton 9283/.)-6130 CA United States of America Wnrkprs Comnencation httpadicadir.secore.force.comiContractorsearch/PrintRagnetalls 5/16/22,11:0g AM Mtps://cadir.secure.force.coralContractorSearch/Prin1RegDetaifs Do you lease No employees through Professional Employer Organization (PEO)?: Please provide your current workers compensation insurance information below: PEO PEO PEO : PEO InformationName Phone Email Insured by Carrier Policy Holder Name:IFLEMING ENVIRONMENTAL INC,Insurance Carrier: Oak River Insurance CornpanyPolicy Number:FLWC318624Inception date:5/1/2019 Expiration Date:5/1/2023 • https:Ucadirsecure.force.comfContractorSearch/PrintRegDetans 212 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Fleming Environmental Inc. PROJECT; CC No. 1651 (Contractor Name) Civic Center Underground PO Box 6130 Storage Tank (UST) Replacement (Street Address) Fullerton, CA 92834-6130 (City,State and tap) TO: CITY OF HUNTINGTON BEACH • DECLARATION Attached hereto Is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CS 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach Car)and the above-named Contractor("Contractor")for the above-described project("Project"), I declare under penalty of perjury under the laws of the State of California that the above statement Is true ai id cured. Signed on August 9 ,zo2t Fullerton, CA (Date) (City,State) (Signature of Individual Who Is Making Declaration) WARRANTY contractor hereby warrants and agrees to maintain Products and Completed Qperatlone Insurance In compliance with the Insurance requirements of the Contract for the Project. Said Insurance shall be maintained through and until the expiration of all Warranties provided by Contractor, Said insurance shall contain Additional Insured Endorsement CG Z010 1185,naming City as an additional insured, Contractor shall supply to City,on at least an annual basis,a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. signed on August 9 2023it Fullerton, CA (fie) (Oty4 State) CONTRACTOR: MawrFleming Environmental Inc. Sy game: terry-r Uaminn_.?T� Tree: President :776741.2 8/22/23,4:49 PM Company Profile CALIFORNIA lati DEPARTMENT OF INSURANCE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results FIDELITY AND DEPOSIT COMPANY OF MARYLAND Company 1299 ZURICH WAY Information SCHAUMBURG, IL 60196 Old Company 800-382-2150 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 Reference Information Action/Appeals Contact Information Financial Statements NAIC #: 39306 PDF's Annual Statements California Company ID #: 2479-4 Quarterly Date Authorized in California: 01/01/1982 Statements Company Complaint License Status: UNLIMITED-NORMAL Company Company Type: 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 #: 0212 ZURICH INS 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 CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY https://interactive.web.insurance.ca.gov/companyprof le/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6217 1/2 8/22/23,4:49 PM Company Profile • 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=6217 2/2 8/22/3,4:49 PM Surety Bonds-List of Certified Companies (NAIC#10178) BUSINESS ADDRESS: 6300 University Parkway, Sarasota, FL 34240 - 8424. PHONE: (800) 226-3224. UNDERWRITING LIMITATION b/: $74,057,000. SURETY LICENSES c,f/: AL, AZ, AR, CO, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MI, MS, MO, MT, NE, NH, NJ, NM, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WV, WI, WY. INCORPORATED IN: Florida. Federal Insurance Company (NAIC#20281) BUSINESS ADDRESS: 202B Hall's Mill Road, Whitehouse Station, NJ 08889. PHONE: (215) 640-1000. UNDERWRITING LIMITATION b/: $409,281,000. 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, MP, 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: Indiana. FEDERATED MUTUAL INSURANCE COMPANY (NAIC #13935) BUSINESS ADDRESS: 121 EAST PARK SQUARE, OWATONNA, MN 55060. PHONE: (507)455-5200. UNDERWRITING LIMITATION b/: $452,556,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, 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, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Minnesota. Fidelity and Deposit Company of Maryland (NAIC#39306) https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html#f 32/98 8/22/??3,4:49 PM Surety Bonds-List of Certified Companies • BUSINESS ADDRESS: 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 - 1056. PHONE: (847) 605-6000. UNDERWRITING LIMITATION b/: $22,325,000. 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, MP, 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. FIDELITY AND GUARANTY INSURANCE COMPANY (NAIC #35386) BUSINESS ADDRESS: One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $1,889,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, 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, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Iowa. Fidelity and Guaranty Insurance Underwriters, Inc. (NAIC#25879) BUSINESS ADDRESS: One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $9,311,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, 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, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Wisconsin. Financial Casualty & Surety, Inc. (NAIC#35009) BUSINESS ADDRESS: 3131 EASTSIDE, SUITE 250, HOUSTON, TX 77098. ounmE• /477\ 7?7 )")/C https://www.fiscal.treasury.gov/surety-bonds/list-certified-companies.html#f 33/98 AM Best Rating Services The Fidelity and Deposit Company of Maryland AMB#:000387 NAIC#:39306 FEIN#:133046577 Domiciliary Address Assigned to insurance companies that 1299 Zurich Way have,in our opinion,a superior ability to Schaumburg, Illinois 60196-1056 meet their ongoing insurance obligations. United States AU BEST Web:www.zurichna.com A'f' StJYER10R Phone:800-382-2150 -Manes age,aat" AM Best Rating Unit:AMB#:050457-Zurich Insurance Group Ltd View additional news,reports and products for this company. Based on AM Best's analysis,050457-Zurich Insurance Group Ltd is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength View Definition Best's Credit Rating Analyst Rating(Rating Category): A+(Superior) Rating Office:A.M.Best Rating Services,Inc. Affiliation Code: g(Group) Financial Analyst:Thomas Keelan Outlook(or Implication): Stable Director:Edin Imsirovic Action: Affirmed Note:See the Disclosure information Form or Press Release below for Effective Date: October 21,2022 the office and analyst at the time of the rating event. Initial Rating Date: June 30,1922 Disclosure Information Long-Term Issuer Credit View Definition Disclosure Information Form Rating(Rating Category): aa-(Superior) View AM Best's Rating Disclosure Form Outlook(or Implication): Positive Press Release Action: Affirmed AM Best Affirms Credit Ratings of Zurich Insurance Effective Date: October 21,2022 Group Ltd and Its Main Rated Subsidiaries October 21,2022 Initial Rating Date: September 14,2004 View AM Best's Rating Review Form Financial Size Category View Definition Financial Size Category: XV(Greater than or Equal to USD 2.00 Billion) u Denotes Under Review Best's Rating Rating History 1/3 , AM Best has provided ratings&analysis on this company since 1922. Financial Strength Rating Long-Term Issuer Credit Rating Effective Date Rating Effective Date Rating October 21,2022 A+ - October 21,2022 aa- , October 01,2021 A+ October 01,2021 aa- I October 02,2020 A+ October 02,2020 aa- September 25,2019 A+ September 25,2019 aa- September 19,2018 A+ September 19,2018 aa- December 08,2017 A+ December 08,2017 ea- Best's Credit&Financial Reports Best's Credit Report-financial data included in Best's Credit Report reflects the data used in determining 1' the current credit rating(s)for AM Best Rating Unit:AMB#:050457-Zurich Insurance Group Ltd. Best's Credit Report-Archive-reports which were released prior to the current Best's Credit Report. 1 l Best's Financial Report-financial data included in Best's Financial Report reflects the most current data Il MM. available to AM Best,including updated financial exhibits and additional company information,and is available to subscribers of Best's Insurance Reports. Best's Financial Report-Archive-reports which were released prior to the current Best's Financial Report. It ( View additional news,reports and products for this company. Press Releases Date Title Oct 21,2022 AM Best Affirms Credit Ratings of Zurich Insurance Group Ltd and Its Main Rated Subsidiaries Alj t �; Oct 01,2021 AM Best Revises Issuer Credit R ting Outlook to Positive for Zurich Insurance Group Ltd and Its Main Rated Subsidiaries " i Oct 02,2020 AM Best Affirms Credit Ratings of Zurich Insurance Group Ltd and Its Main Rated Subsidiaries Sep 25,2019 AM Best Affirms Credit Ratings of Zurich Insurance Group Ltd and Its Main Rated Subsidiaries Sep 19,2018 A.M.Best Affirms Credit Ratings of Zurich Insurance Group Ltd and its Main Rated Subsidiaries Dec 08,2017 A.M.Best Revises Outlooks to Stable for Zurich Insurance Group Ltd and Its Main Rated Subsidiaries L_ Dec 01,2016 A.M.Best Affirms Credit Ratings of Zurich Insurance Company Limited and Its Main Rated Affiliates Oct 02,2015 A.M.Best Affirms Ratings and Revises Outlook to Negative for Zurich Insurance Compan Limited and Some of Its Rated j I 1 2 3 + Page size: 10 23 items in 3 pages 2/3 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. 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I Press Releases I Social Media Cookie Notice I Legal&Licensing I Privacy Notice I Regulatory Information I Site Mao I Terms of Use Copyright©2023 A.M.Best Company,Inc.and/or Its affiliates ALL RIGHTS RESERVED. • 3/3 Bond Number:7670709 Premium: $8,089.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as"City")has, by written agreement dated ,20_,entered into a contract with Fleming Environmental Inc. PO Box 6130 Fullerton,CA 92834-6130 (name and address of Contractor) (hereinafter referred to as"Principal"),for performance of the work described as follows: Civic Center Underground Storage Tank(UST)Replacement Project • CC Ili Si • (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California(hereinafter referred to as"Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract;and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard &Poor's,to validate that Surety has positive ratings of being secure or Stable;and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Fidelity and Deposit Company of Maryland,1299 Zurich Way,Schaumburg,Illinois • 601Q6-1nc6 • (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One Million Ninety Three Thousand Three Hundred Seventy One Dollars ($ 1,093,371.00 ),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 1 5-45 84/1 1 71 74 Bond No. 7670709 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: August 2,2023 ATTEST Fleming Environmental Inc. (Corporate Sea!) principal Name) By: Name: Terry L_ Fleming Jr. Title: President ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) 1 W (Surety Name) By:, A ALQ _ f Name: Mane lla Rivera, Attorne�r_in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) g13) 270-0714 (Area Code&Telephone Number for Surety) APPROVED AS TO F By: ichael E.Gates,City Attorney r Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 15-4584/117174 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,'Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Norman K.PIERCE,Marisella RIVERA,Brigid LOPEZ,Brian A.MCGOLDRICK,Evett LAM of Placentia, California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of June,A.D.2022. ,,,,"tr/,I//4, , 4,^y,,, � 00,W11 Tf„,,,yi SEAL SEAL =� SEAL` r nn rr yy iao �rr "°,n,,,,,mo"r ��%4, �„ a"' 4um„eld ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of June, A.D.2022, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ••;1)**'.` Constance A.Dunn,Notary Public � »-0;c�;: My Commission Expires:July 9,2023 r,nU'''0 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2nd day of August , 2023 "puuu,n,e ,""uuuy�y , �'ta py cut, is ` °SEA°gym USm€@ °SEAL"a L sye �4'u'wum,m�" %uu,n,"°M 9 /9616Li&L By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Ph:800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims(c�zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange On 8/9/23 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming Jr. 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 signatures(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. • JENNIFER MARTIN Notary Public Califnip WITNESShand and official seal. = OrangeCounty my _ Commission#239861! '• '� My Comm.Expires Apr 22.2026 / Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: • Capacity(ies)Claimed by Signer(s) Signer's Name: Terry L. Fleming Jr. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Partner ❑ Limited RIGHT THUMBPRINT ❑ Limited RIGHT THUMBPRINT ❑ General OF SIGNER ❑ General OF SIGNER ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee O Guardian or Conservator 0 Guardian or Conservator O Other: ❑ Other: Signer is Representing: Signer is Representing: 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 Orange ) On August 2,2023 before me, Brigid Lopez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Marisella Rivera Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(a) is/axe subscribed to the within instrument and acknowledged to me that I /she/they executed the same in Inds/her/their authorized capacity(las),and that by his/her/O eir signature( on the instrument the persona), 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. ,aFr BRIGID LOPEZ WITNESS my hand and official seal. s�..,�yr;. Notary Public-California Orange County F. & .+° Commission#2444630 Signature L,Fa ko My Comm.Expires May 2,2027 Sig ature of No ry Pub ' Place Notary Seal Above / OPTIONAL Though this section is optional, completing this information can de ar alteration of the document or fraudulent reattachment of this form to an unint ded document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named /bove: Capacity(ies) Claimed by Signer(s) Signer's Name: Si ner'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.Natio alNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 Bond Number: 7670709 Premium: Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereafter referred to as"City")has awarded to Fleming Environmental Inc.,PO Box 6130 Fullerton,CA 92834-6130 (name and address of Contractor) (hereinafter referred to as"Principal"),a contract("Contract")for the work described as follows: Civic Center Underground Storage Tank(UST)Replacement Project C( Ill S I (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 Fidelity and Deposit Company of Maryland, 1299 Zurich Way,Schaumburg,Illinois 60196-1056 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of One Million Ninety Three Thousand Three Hundred Seventy One dollars($ 1,093,371.00 ),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. PAYMENT BOND Page 1 of 2 1 5-5 84/1 1 735 7 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not,shall in any way affect,impair or release • the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument • have been duly authorized pursuant to the authority of its governing body. Surety,by execution of • this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated:August 2,2023 ATTEST Fleming Environmental Inc. • • (Corporate Seal) Principal Name) Name: Terry _ leming Jr. President Title: • ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) // (Surety� Name) • By:f /lp 14'— Name: Marisella Riv ra Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) 1213 270-0714 (Area Code&Telephone Number for Surety) APPROVED AS T M: By: heel E.Gates, ity ttorney • 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 8 4/1 1 73 5 7 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Norman K.PIERCE,Marisella RIVERA,Brigid LOPEZ,Brian A.MCGOLDRICK,Evett LAM of Placentia, California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of June,A.D.2022. ess -tut _ O00.0,4t» nb z::Q Q ° SEAL _ SEAL E. SEAcr L s I ,ram ` '.a n� em '9 Me �•"IIl11»,,,� h•,,,,,!»,».° r ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of June, A.D.2022, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. tiles� 4Uay`; Constance A.Dunn,Notary Public i*15%4 o My Commission Expires:July 9,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2nd day of August , 2023 n�"NI A Aw"14y, ��YNll�lnll '�4 ` Em�`b`= r ti Sg ()SEAL"' vp it SEAL1:4 SEAL 1,1 see �s • we le 44.4.4,411100 -7149. By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,'1'HJ BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Ph:800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims@zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange On 8/9/23 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming Jr. 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 signatures(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 r°r r JENNIFER MARTIN • and correct. Notary Public-California Oran a COLnL'I � z a- Commission 2�9e6,9 - WITNESS my hand and official seal. `'�•«"� My Comm.Expires Aor 22.2026 Signature �� Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Terry L. Flemina Jr. Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): ❑ Partner 0 Partner O Limited Limited RIGHT THUMBPRINT ❑ RIGHT THUMBPRINT ❑ General OF SIGNER 0 General OF SIGNER ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: 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 Orange On August 2,2023 before me, Brigid Lopez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Marisella Rivera Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($ whose name(a) is/age subscribed to the within instrument and acknowledged to me that lire/she/tbrey executed the same in Ms/her/their authorized capacity(l)2s),and that by bis/her/their signature(i)on the instrument the person($, 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. l tt, BRIGID.LOPEZ • Wes; Notary Public-California Signature -. _m Orange County r .�` Commission#May 2,0 Signat a of Notary ublic ' '� My Comm.Expires May 2,2027 , Place Notary Seal Above OPTIONAL Though this section is optional, completing this informati. can deter alteration of the document or fraudulent reattachment of this form d an unintended document. • Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other an 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 F. t ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian o-Conservator ❑Trustee ❑Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: �G�.G�.S�.L�e!4�.5�.G�.4�.L�L�.4�.4�L�,L�G`,4�✓,4�4�,4�✓4�✓,L�✓S�.L�✓,4�✓ti L�'%�L`„L`,L�✓4�✓,L�'!4�,4:,✓,4�'%L�L�.L\:.L�.4�✓4�✓4�✓L�.4�_✓,G`.L�'%4. ©2014 National Notary As•ociation•www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 / Client#:1266412 305FLEMIENV ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)s/02/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sonia Morris NAME: McGriff Insurance Services LLC PHONE 714 941-2800 FAX 877-297-1101 ma No,ExtZ_ L(AIC,No)t 130 Theory Ste 200 an R3Ess: Sonia.Morris@McGriff.com Irvine, CA 92617 -"— 714 941-2800 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA:Crum and Forster Specialty Insurance Co 44520 ' INSURED INSURER B:Insurance Company of the West 27847 Fleming Environmental Inc. INSURER C:Travelers Property Casualty Co of Amer 25674 PO Box 6130 National Specialty Insurance Company 22608 Fullerton,CA 92834 INSURERD: p y P INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADM SUBRI POLICYy EFF POLICY EXP LIMITS LTR INSR WVD_ POLICY NUMBER (MMfD01YYYY) air EXY) A X COMMERCIAL GENERAL LIABILITY EPK143622 05/0112023 05/01/2024 EACH OCCURRENCE $1,000,000 Ep CLAIMS-MADE X OCCUR f'RVMIS S(Ea occurrence) $50,000 X Pollution Liab MED EXP(Any one person) $5,000 X Professional Liab PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $2,000,000 J PRO- POLICY LOC PRODUCTS-COMP/OPAGG $2,000,000 X OTHER: $ D AUTOMOBILE LIABILITY GMI023902 05/01/2023 05/01/2024 OEaMaccident)BINEDS $ �INGLELIMIT 1 000,000 ( X ANY AUTO BODILY INJURY(Per person) $ OWNED — SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS $ HIREDNON-OWNED PROPERTY DAMAGE X AUTOS ONLY v AUTOS ONLY _(Per eccide t — $ A ..__-. UMBRELLA UAB X OCCUR EFX122740 05/01/2023 05/01/2024 EACH OCCURRENCE $5,000,000 — X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$O $ B WORKERS COMPENSATION WSD507095100 05/01/2023 05/01/2024 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E,L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT $1,000,000 C Rented/Leased QT6603L337320TIL23 05/01/2023 05/01/2024 $160,000 Limit Equipment $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: Project#CC-1651; Civic Center Underground Storage Tank(UST)Replacement Project The City of Huntington Beach,its officers,elected or appointed officials, employees,agents and volunteers are included as additional insured as respects to general and auto liability coverages as required by written contract.General and auto liability coverages are primary and noncontributory as required by written contract.Waiver of Subrogation is included with respect to workers compensation as (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION ANY OFD City of Huntington Beach THE SHOULD EX IRATIIONH D DATE E VTHEREOF,E E NOT CEI ES WILL BE DEE L VERED INE 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE APPROVED AS TO FuR (�/1j �. I MICI IAEL E.CA 6 +. Co1988-2015 ACORD CC t$R�TftAI ghts reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD CITY OF Iyu TTJ� GTON BEACH #S32676885/M32031781 SD D� DESCRIPTIONS (Continued from Page 1) required by written contract.30 Day's Notice of Cancellation,Except for 10 Days for Non-payment of Premium. SAGITTA 25.3(2016103) 2 of 2 #S32676885/M32031781 POLICY: EPK143622 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 Huntington Beach,its officers,elected or appointed Blanket when specifically required in a written officials,employees,agents and volunteers contract with the named insured. Information required to complete this Schedule, if not shown above,will be shown In the Declarations. A. Section III — Who Is An Insured within the With respect to the insurance afforded to these Common Provisions is amended to include as additional insureds, the following additional an additional insured the person(s) or exclusions apply: organization(s) shown in the Schedule, but only This insurance does not apply to "bodily injury" with respect to liability for "bodily injury", or"property damage"occurring after: "property damage" or "personal and advertising 3. All work, including materials, parts or injury" cause, in whole or in part, by: equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than 2. The acts or omissions of those acting on service, maintenance or repairs) to be your behalf; performed by or on behalf of the additional in the performance of your ongoing operations insured(s) at the location of the covered for the additional insured(s) at the location(s) operations has been completed; or designated above. 4. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. EN0321-0211 Page 1 of 1 POLICY: EPK143622 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULI7Y. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s)or Organization(s): Location And Description Of Completed Operations City of Huntington Beach, its officers,elected or appointed Blanket when specifically required In a written officials,employees,agents and volunteers contract with the named insured. • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Page 1 of 1 Fleming Environmental Inc. EPK143622 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART • THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s): Where Required By Written Contract SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0119-0211 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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 % of the total California Workers'Compensation premium otherwise due. Schedule Person or Organization Job Description ANY ALL CALIFORNIA PERSON/ORGANIZATION OPERATIONS FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 05/01/2023 Policy No.WSD507095100 Endorsement No. Insured Fleming Environmental Inc. Premium $ Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8.00) INSURED Fleming Environmental Inc. GM1023902 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT 1. SECTION II—COVERED AUTOS LIABILITY COVERAGE,paragraph A.Coverage, paragraph 1.Who Is An Insured, is amended by adding the following: a. Any person or organization with respect to the operation, maintenance or use of a covered "auto"covered under this policy, provided that you and such person or organization have agreed in a written contract or agreement, to add such person or organization to this policy as an"insured". However, such person or organization is and"insured": (1) Only with respect to the operation, maintenance or use of a covered"auto" covered under this policy; (2) Only for"bodily injury" or"property damage"caused by an "accident"which takes place after you executed the written contract or agreement and during the policy period;and (3) Only for the duration of the contract or agreement. b. How Limits Apply—The most we will pay on behalf of an additional insured is the lesser of: (1) The limits of insurance specified in the written contract or agreement between you and the person or organization you agreed to add as and additional insured;or (2) The Limits of Insurance shown in the Declarations. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. c. Additional Insureds Other Insurance—If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. However,this provision does not apply to the extent you have agreed in a written contract or agreement with the additional insured that this insurance is primary and non-contributory with the additional insured's own insurance. d. Duties In the Event Of An Accident, Claim, Suit Or Loss—If you have agreed in a written contract or agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in SECTION IV—BUSINESS AUTO CONDITIONS,paragraph A. Loss Conditions, paragraph 2. Duties In the Event Of An Accident,Claim,Suit Or Loss, in the same manner as the Named Insured. NSIC-GMI-BA-001 (Ed.08/19) Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. B. HIRED AUTO PHYSICAL DAMAGE COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.Coverage, paragraph 4. Coverage Extensions, is amended by adding the following: If hired"autos"are covered"autos"for Liability Coverage and if 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 or borrow,subject to the following limit,deductible and conditions: a. The most we will pay for"loss"to any hired"auto" is: (1) $50,000;or (2) The actual cash value of the damaged or stolen property at the time ofthe"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind, whichever is smallest, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned"auto" for Physical Damage Coverage. c. Hired Auto Physical Damage coverage is excess over any other collectible insurance. d. Subject to the above limit,deductible, and excess provisions,we will provide that Physical Damage Coverage applicable to any covered "auto"you own. e. Subject to a maximum of$1,000 per"accident",we will also cover the actual loss of use of the hired"auto"if it results from an"accident", you are legally liable, and the lessor incurs and actual financial loss. f. This coverage extension does not apply to: (1) Any"auto" that is hired, rented or borrowed with a driver; (2) Any"auto"you hire or borrow from any of your"employees" or members of their household; (3) Any"auto"you hire or borrow from any of your partners or members of their household (if you are a partnership); or (4) Any"auto"you hire or borrow from any of your members or members of their household (if you are a limited liability company). C. TOWING AND LABOR 1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.Coverage, paragraph 2. Towing, is deleted in its entirety and replaced with the following: 2. Towing We will pay towing and labor costs you have incurred, up to the limits shown below,for each classification of covered "auto"shown below, each time a covered"auto"classified below is disabled: a. For private passenger type vehicles,we will pay up to$50.00 per disablement. NSIC-GMI-BA-001 (Ed.08/19) Page 2 of 5 Includes copyrighted material of insurance Services Office, Inc.,with its permission. b. For"light trucks",we will pay up to$75.00 per disablement. "Light trucks"are trucks that have a gross vehicle weight of 10,000 pounds or less. However,the labor must be performed at the place of disablement. D. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE 1, SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, paragraph 3. is amended by adding the following: This exclusion does not apply to the accidental discharge of an airbag. Any insurance we provide for"loss"relating to the accidental discharge of an airbag shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. E. LOAN/LEASE GAP COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE is amended by adding the following: In the event of a"total loss"to a covered"auto"owned or leased by you we will pay your additional legal obligation for any difference between the actual cash value of the covered "auto"at the time of"loss"and the"outstanding balance"of the loan or lease. As used in this provision"outstanding balance" means the amount you owe under the terms of the loan or lease to which the damaged covered"auto" is subject at the time of the"loss" less the amount of the following: a. Overdue payments and financial penalties associated with those payments at the time of "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Security deposits not refunded by the lessor; d. Cost for Extended Warranties and additional protections such as but not limited to Credit Life, Health,Accident or Disability Insurance purchased with the lease or loan; e. Carryover,transfer or rollover balances from previous loans or leases; f. Any amount representing taxes; g. Loan or lease termination fees; h. The dollar amount of any unrepaired damage that that occurred prior to the"total loss"of a covered"auto"; I. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto";and j. Final payment under a"balloon loan". NSIC-GMI-BA-001 (Ed. 08/19) Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. As used in this provision a"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan,thereby requiring a large final payment. 2. For the purposes of this Loan/Lease Gap Coverage provision,SECTION V—DEFINITIONS is amended by adding the following Definitions: a. "Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". b. A"balloon loan" is a loan with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. F. EXTENDED CANCELLATION CONDITION 1. COMMON POLICY CONDITIONS, paragraph A.—Cancellation condition applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation.This provision does not apply in those states which require more than 60 days' prior notice of cancellation. G. VEHICLE WRAP COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph A.Coverage,4.Coverage Extensions, is amended by adding the following: • In the event of a"total loss"to a covered "auto"for which Comprehensive, Specified Causes of Loss,or Collision coverages are provided under this Coverage Form, we will pay up to $1,000.00 for vinyl vehicle wraps which are displayed on the covered "auto"at the time of "total loss". Regardless of the number of autos deemed a"total loss", the most we will pay under this coverage extension for any one"loss" is$5,000.00. For the purposes of this coverage extension, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 2. For the purposes of this Vehicle Wrap Coverage provision, SECTION V—DEFINITIONS is amended by adding the following Definitions: "Total loss"means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value at the time of"loss". H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 1. SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B.Exclusions, subparagraphs 5.a.and 5.b.are deleted and replaced with the following: Exclusions 4.c and 4.d do not apply to electronic equipment that receives or transmits audio, visual or data signals,whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by the use of power from the"auto's"electrical system, in or upon the covered"auto"and physical damage coverages are provided for the covered"auto"; or NSIC-GMI-BA-001 (Ed.08119) Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2. For the purposes of this Audio,Visual and Data Electronic Equipment Coverage provision, SECTION III—PHYSICAL DAMAGE COVERAGE, paragraph B. Exclusions, Paragraph 5 is amended by adding the following: if the"loss"occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen • 'property will be reduced by a$100.00 deductible. All other terms and conditions of the policy remain unchanged. NSIC-GMI-BA-001 (Ed. 08/19) Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: 'I IA 23 SUBJECT: Bond Acceptance I have received the bonds for Fio'\i Yl/ f virb-nry\if V 7i J I f'I,G• (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. • ,1-101-Ci Payment Bond (Labor and Materials) Bond No. 0/® 0-71 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. _ Approved -3-1)g/23 (Council Approval Date) CC No. I 6051 Agenda Item No. 23-52. MSC No. City Clerk Vault No. U00. 50 Other No. SIRE System ID No. (/40011,0 g:/forms/bond transmittal to treasurer • BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Fleming Environmental,Inc. as Principal,(hereinafter called the"Principal"),and Fidelity and Deposit Company of Maryland ,a corporation duly organized under the laws of the State of Illinois ,as Surety,(hereinafter called the"Surety"),are held and firmly bound unto City of Huntington Beach as Obligee,(hereinafter called the"Obligee"),in the sum of Ten Percent of Amount Bid Dollars($ 10%of Amount Bid ),for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, fumly by these presents. WHEREAS,the Principal has submitted a bid for Civic Underground Storage Tank Replacement CC No: 1651 NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 17th day of May A.D., 2023 Flemin nvironmental,Inc. C).-VAA4 Principal . Witness • (SEAL) Terry L. Fleming, Jr. , President Fidelity and eposit Company of Maryland Su ty I vv— By (SEAL) Marisella Rivera Witness Ev ,Attorney-in-Fact • Printed in cooperation with the American Institute of Architects(AIA)by Fidelity and Deposit Company of Maryland Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310,February 1970 Edition. BID70000ZZ0701f ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Norman K.PIERCE,Marisella RIVERA,Brigid LOPEZ,Brian A.MCGOLDRICK,Evett LAM of Placentia, California, its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 20th day of June,A.D.2022. eGYOk e.P Oki m ti <fr 0 a7 O QPO d. . =sgS:_ �oSEAL - SEAL °SEAL s= Ina 4.1 ri *3/4..um,,,,a"a, `'�a ll `•�a "'MIHU,,,uo"� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D.Murray Vice President C1.601, 4 ,gGG\-- By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 20th day of June, A.D.2022, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ouwrtil,. Constance A.Dunn,Notary Public '•,kiii"4"'iV My Commission Expires:July 9,2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 17th day of May , 2023 . "111N111„ pg1�111110, C,„\; """Z:. ,N1 Ii dr per'C' 4 p. J,IR p o° /m S` _ De Rim o =? °°Ppo�`�"4 SEAT_ pi _ SEAL `(o SEAL +` o m c �Iw ��.� e r Nrr ppllllll,l"N11N�'d p�Ic1Y 1V.N'N1 dllllllll"11\N By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 Ph: 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims,please submit to: reportsfclaims(a,zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Orange On _ 5/24/23 before me, Jennifer Martin, Notary Public Date Here Insert Name and Title of the Officer personally appeared Terry L. Fleming Jr. 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 signatures(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 ,,.may JENNIFER MAl>tTIN and correct. ''..� - Notary Public•Cattfornia �Ty w Oran ge County WITNESS my hand and official seal. Commission rt 23ft61! ,.o• My COMM.Expires Apr 22.2026 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Terry L. Fleming Jr. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Partner ❑ Limited RIGHT THUMBPRINT 0 Limited RIGHT THUMBPRINT ❑ General OF SIGNER 0 General OF SIGNER ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: _ Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 �c.�.c!a<!::<��.c�a..�c�r <!vc�<!v�< <.:�c�;r �<�<!ae!�r!�<!a.•�-_.r�c!:�c!�.•�-..v.:�c�<�c�<!eZ<�-..<!�: cG-�c!�<!w< <!c�'c!�c!:�c.:�c!�c!�<!c.'c!�r!�<�s.<. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange On May 17,2023 before me, Brigid Lopez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Evett Lam Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(9) is/aXee subscribed to the within instrument and acknowledged to me that lie/she/tliey executed the same in Ms/her/their authorized capacity(i s),and that by his/her/tlKeir signature(N)on the instrument the person(s), or the entity upon behalf of which the person(N) 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. oF,�r RIGID LOPEZ WITNESS my hand and official seal. tilt...... 1,......,r Notary Public-California = Orange County i° Commission A 2444630 `4LIF0.0 My Comm.Expires May Z,2027 Signature S' nature of otary lic Place Notary Seal Above OPTION/ Though this section is optional, completing this inf'rmation can deter alteration of the document or fraudulent reattachment of this ••rm to an unintended document. • Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Oth. 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 0 Individual 0 Attorney in F.•t 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or ' onservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: �4\:.G�4�/G`%�:_<�✓G�ti.G�.�ti4\✓G\•ii.�.4�.G�4V'h v4�`!G��.AUG�4���ti�Glr tiG��G�.4�4�.4'd4�.G�4'y4\:.L�G�4�.L�.4�.G`.4�.4�G�.4.. ©2014 National Notary Associ.tion •www.NationalNotary.org •1-800-US NOTARY(1-800-876-6827) Item#5907 .,..'. .., :.:.. .s.�:..;. .. ,.tea-:.�•.. ;.�,`z�, - yr. _ `1�+'`T i i t l'~ - _ Ci - �n _-f �I "'vi nm I.. �Fl .fir► r. �'` �tF 9• 'Iw _S�--emu - Rl+ . .Tcn. ii-�4,. �z "is - - :z'", ,.,s r,.. - " P O` X 1 - y R :+i w-' '•C ,@''•,: turn le,{ A. .r�� _ .0 - fn .� tea. :� a ' �'f• 7." __�`.''� 'Via':; _ ���, ,,,,.„!"' taw'-,,,S. .,R'. . ..''.. 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'' .:•,i,vn.d k• . .'x. -' ,'irsL .n•.F `'q"' ""sr, i?*X'•,n<,c. •' .» dy': /w:^.s.y, _ „���;". 9 ?�` 'Ky���• ,.. �c� ,.:. s�' �.,-,,,I.,,,,,,,,,,.. ,aa � i^:-xr+�r"r:7t.#.", .?`a.se�:..esa.'xF .. �' ;C.�..�.....a.T•'-'...r.•.:....,i.=,a,...-z"i;..x33' '�w'•.,.a_�,...�f._.. w, s�.,.,,�* �,'" �"�-�4 �4k�p'; q a`-��" � '� '�,y' �-.i'.",*fi finc . '•+t''�.•'�� ,f;f'^`.f`fy� ��Y �.. k :.>. � 5r. gw w��. , §` ,?"4°',� t ,»• aY��[..y.- 'a'; ` "''W'd t', k,��• -r•R'"' •r 'C _ ,,. .r: cu„` 't+sr.41, 5s` ,� �J;ai = „; City Of Huntington Beach " „ 1'` -� sy..,c?'ta-�K,rt t"_^r"y"'`+, 5,• ltw, "'' +'sY ,S h t ,•�."' s -" � , ,�-e- R zv. ✓.4t'•1 -'� �, -j'- r ;•:' «=,r' Mrs w' „'' 5+••r i ;� a _t.•xi-,�' • x•,'r " ✓,s•d�:^�r. >`i; <, t: • C 4' =�,,, �„...,::41 ; Attn: John Martin, PE, Capital Project Admin ^ � � : is f4- yr a : zs ti - '' tr,.: w.. .ra '� •rr 3 u ..a.. .ts`- r 'k -tx +.r a. ...».' "* '; 'c'. z .,fir r«. k- ^'mi•:'- ,, „, 2000 Main Street ,* r� n {, �F '� _.,,�. Huntington Beach, CA 92648 N rt' r mot_. s.v'"•..,. .��. ,r.s.}•, -ti,;..-: .- f. .M. 4., �. --, - ,. .,`"" ✓' -..�— OFFICIAL BID SECURITY—DO NOT OPEN Project Name: Civic Center Underground Storage Tank Replacement CC# 1651 Bid Opening Date: Wednesday June 14, 2023 at 2:00pm �((e••i„ TINGTp�� City ..of Huntington Beach A V 2000 Main Street ♦ Huntington Beach, CA 92648 ---_ (714) 536-5227 ♦ www.huntingtonbeachca.gov F:;Fa _ ,a ��o � Office of the City Clerk cpUNTy OsA6 Robin Estanislau, City Clerk September 12, 2023 Fleming Environmental Inc. Attn: Terry L. Fleming PO Box 6130 Fullerton, CA 92834-6130 Re: Civic Center Underground Storage Tank (UST) Replacement Project—CC No. 1651 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517. Sincerely, )1171/01., 9,&441Uattit) Robin Estanislau, CMC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister City: Anjo, Japan pN GT 2000 Main Street, Fs- oti Huntington Beach,CA ti v� 92648 lose � Q City of Huntington Beach APPROVED 7-0 CDUNTy CP File #: 23-582 MEETING DATE: 7/18/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Alvin Papa, Acting Director of Public Works PREPARED BY: John Martin, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Fleming Environmental Inc. in the amount of$1,093,371.00 for the Civic Center Underground Storage Tank (UST) Replacement Project, CC-1651. Statement of Issue: On June 14, 2023 bids were opened for the Civic Center Underground Storage Tank (UST) Replacement Project, CC-1651. City Council action is requested to accept the lowest responsive and responsible bid submitted by Fleming Environmental Inc. in the amount of$1,093,371.00 and authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Financial Impact: The total cost of the project, including contingency, is $1,225,209.00. Funds for this project are available in the current fiscal year budget in the Infrastructure Fund account 31440006.82200. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Fleming Environmental Inc. in the amount of$1,093,371.00. B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): 1. Abandon tank in place and use alternate fueling facilities. 2. Delay the project and use alternate fueling facilities until ready to execute. Analysis: The existing Civic Center Underground Storage Tank (UST) and fueling station is located in the City of Huntington Beach Page 1 of 2 Printed on 7/13/2023 powereagi LegistarTM File #: 23-582 MEETING DATE: 7/18/2023 parking lot just west of the central Police Department (PD) Station and primarily serves the Police Department Fleet. The existing single-wall, 12,000 gallon steel gasoline tank needs to be replaced with a double-wall design prior to 2025 in order to comply with California SB-445 which requires owners and operators of single-walled USTs to permanently close their single-wall tanks by December 31, 2025. The new UST will be a double-wall design and include a modern leak detection system, new fuel dispensers, an upgraded fuel monitoring system, and a new fueling island and canopy. The UST and fueling island will be relocated approximately 350 feet to the south end of the lot, which will allow for less interference with PD operations and more efficient tank refueling. The City is able to purchase fuel for fleet vehicles at a wholesale rate, saving approximately $1/gallon on average. Maintaining and updating the City USTs and fueling stations is critical to sustaining current City operational budgets. The engineer's estimate for this project was $904,500.00. Bids for the Civic Center UST Replacement Project were opened on June 14, 2023, and are listed in ascending order below. Bidder Submitted Bid 1 Fleming Environmental Inc. $1,093,371.00 2 GEMS Environmental Management Services, Inc. $1,176,332.68 3 Western Pump, Inc. $1,274,633.53 4 MJK Construction, Inc. $1,539,529.00 City staff has conducted a reference check on Fleming Environmental Inc. and has received satisfactory reviews of their past performance on similar scale UST and fueling station maintenance and construction projects. Therefore, staff recommends awarding a construction contract to Fleming Environmental Inc. in the amount of$1,093,371.00. The total project cost is $1,225,209.00, which includes the construction contract, contingency, and supplemental costs for inspection and permit fees. 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/ Location Map 2. Project Overview Presentation City of Huntington Beach Page 2 of 2 Printed on 7/13/2023 powere23 'LegistarM R- S G ii „ °' BOLSA NCO q McN ADDE w _ `� EMIS ►` �. x o z ' U EDINGER z Ti � 2 J_� oel HEILm a ■ .AVE. m WA NER , MICE AVE.■` ER II E AVE.■ 405 liribillALu TAL'.ERT A E. ! . PACIFIC o n �� 1 r 9Ci ') Mill AVE. a, 1±__ JECT AREA l■ oyo AlII IELD AVE. G QP vi 1 vt R F z YQ'KTO ME A E. 1 rA d Q. —Is> o��� 1U1/ AMS MEM I O AIIIIIr lIllIlli0lc' �1G��;ocks INDANAP•LIS MINy 11 It- II IMEA a Q u m HAM! TON AVE II ADAMS OCEAN VICINITY MAP LOCATION MAP N.T.S_ N.T.S. 239 y Civic r -fINGU ..T,0_ Underground coRP � RA rF •.•• <53••• •.• � , Storage. Tan. __^ = __ _ _` •• ,. ___ _`/ / / J„ •./ 1 ��!//1 ��li-, , ;,, ,,,, , • Replacement -: -j _ _ — ' Zr ` Project Overview =''- -��• July 18, 2023 • v • % 2,0 •• 17 1909 , Ag °OUNT\( P / 240 BAC KG RO U N D ;;;;Ir,. ,..vr„,,,, ,....,_, ___ . _ ............ ...4 ..„ , • Existingtank — 12,000 _ =��.t,,„ Fn . k N,..-¢ it.. • �"." ' gallon, gasoline single : .� r . = ,� --.� ,,, ,r .,� , wall steel underground Hu�,I,,gt�� :7 " ° � storage tank (UST) 14 ` 9 � I,? • Fueling island is original \ " to the Civic Center < < . �� } (1975), though some `'�' J EXISTING FUELING ISLAND' upgrades have occurred 4 (dispensers, \ "'$ ►h underground ` $ 7 , 4 containment sumps) \ ,; ' ""' EXISTING UST • Station mainly serves PD -. fleet \ .. `'� '. a . 1 • Existing UST is located \ \ ...t'' `` ` under parking stalls l - ` �� -:441 ' \ :1'y z 241 NEED/WHY/ BENEFITS $i , #,°t, • California SB-445 requires that all ,: , 1 ,, _ I ` " USTs be double wall by 2025 Maintaining City-owned fueling stations _ �� �� allows for —$1 /gallon fuel discount a r T • New FRP tank has brine-filled interstice - = and pressure sensor for leak detection system k \ t • Replace old/outdated dispensers and fuel island/ canopy C � Upgrading Veeder-Root fuel 'Ipkts � management system • Relocate UST out of way of parking stalls, away from PD operations 242 1 1 ,,...,-:,,;-•,,t,,'. --,:11 \ 4,17, 4----'----1 1 ,, ,,,,- III! n . .,-Ji POLICE STA-110N 1-°M , D E TA I I..S EEJ LOSES CIL SILL...... :'1•••••7,,E7E171, 1 SO SS WS-, 71 E•1—,E.-E, P.M:VEILS FEE MA4,1'. . jj El E1 1• 1 1 3FIFLAzA \ `--,1 ---1 ,-lE)Cf.otESESSOE I ,71'•E 1 1 1-1 E 11 1 ; j. 1.,,jj •;;,41'',.E1). /7°2_11_ / 11 .E, CHAMCMUNCILEEn I •-•1• I ___ .• 'j ' N. 1 -11:it.ft,r14-1 ,--"P tt,PAM.PC. • 1 •••SE_ 1; 11E.:•::-',111-7 ,,- 7.:'.‘ •-•'''' 7/ j1 j '"S"1\ .;•'1,11j, ',7•1Er'''...j1 rE E•E'r jr \jE 1 ' \ 11J 1—j J1.14113:j1;jj51/41g5t..ii •••••I , 111 i 1 1.E.,11.'•- 1111.1V11,1!'.•;;;11.1 17111, lEj EPEE.'EJ`E. , • ..---ril I --- 1,...._,/\/- i• i ",.1---i---,,,i--,..,S-tn-tiCff------11 . !,;!1- , i1 EEi E--'W-,-S..N,E b-,LE.1M.6'1-;-.,,;;;-;,2:•,E-,-‘-,;•."E,. 1 !7, FN:t.--._ tCEElE LG-4E'Fr ?MEIEER EC l'EEENE EE :\•,,\,,-•,: LANDSCAPEL , : M D7111 i •,i\, t , .4r4.:. , BLDG v...a'..1.1.A1": i ^,,, `/ . , /11,.._msz7z.; , ,,,_ ._._,... 1''. ;"'- I l''') ' Za,"7.grar'''"e 1 --- - 1 1 11\2 :•-...t7 ( 11 I / --le 741AW--A7,3-,-,1- , II ....-„,, __-.\ ......----,-- \ /j,1- / 3,1,411:17,igitp' . ----..... t>,,....-EUZZlIWNE EE ,, 11 g1.54`,.,'"11 . .12,1,14r,,,'---. i ', 1 / t, 1), ,,..../. ....tt......—. - if t „•,.. oi.„ c' .. k i\ il 1 ) , ,74/7:,,..ElwA51,,,%1•,-- \ 11, ::•,47zt, •''.•=7.'74.- i,',2-11, . 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(',1 ...-Si&NH % - - gZ7i1S7V R.‘,T.3Try,EL IsL.4 )1.,C.NO.7 ELEVATEN 4,-)GASCLINE l'ASPE,E5 ER EETAIL 't .''.1'f_ Z. 1 i-; 11@-1-1- ' 1•1 1 1 11111 A 1.1.1 Et- 7--- -- 1 I I e 1 1 t. \\. -1 - 11.1 sl 1; i,,___, 1 I 1 , i et .'i t i. ; , . t . .. 243 STAKEHOLDER OUTREACH • The project team does not expect the construction phase to impact the public. • The project team worked closely with City Fleet, Police Department, Fire Marshall , AQMD, Orange County Health Care Agency (OCHCA), and the Department of Toxic Substances Control (DTSC) -----T_ ��I��NT I NGO stakeholders to develop the work plan for this project. o�: RPOR� ' • • may -LE UNT`1 244 FUNDING/SCHEDULE • The total cost of the project, including contingency, is $ 1 ,225,209.00. Funds for this project are available in the current fiscal year budget in the infrastructure fund account 31440005.82200. • The project is scheduled to start October 2, 2023 and is anticipated to run -5 months. :. °N.:.Ag7 245 • Questions ? ,,,,",„,,,,,,,,,,„,,,,,,„,,., ,„ .,...„. „,,,, „:„,„,, ,,, ,,,,,,,,...,.. ..,,,, 2,, ,, „,,,, ,,,,,2,,,,,,,,,,,, ,, , ,.,, , � ,,, , , „ „ , , , , , , ,,, \ s , , , _ „„, k _, , _ _ , . . . .,„.,.. _ . „ „ „ ,_ . _ .i ,,.: , __ , ,,,,,,,,, ,, ,, ,,, ,,,,,, „ „,2_. .„,.,,,,,,„,„„,„.„.....,,,,,„_,:,„,,,,„,....„,,,,,,,,,„„,,,,,,,,,„,_,_ .,_,, ,,_ „ , _ __2 ,.:, ..._, ,.,.:,...,,,,,, ,,..._... .,,,„„...,,,.._.,,,,,f.,„,„,,,„,,,„,,,,,.,kii.„...,,,,,,,„„_„:,„„_,:„......„,‘, „,,,,,.,,,,,„ 'R a L A S Ptt ills f Hit .k tf:..v.:: —:....7—,..,. ..--,:t;z7:zrp,.,_1,eol,,,,...4f,. . 'F:,.. '�" i"s i,,,;17,,,,,-,_,,,, �. �. R 4A y am„• �. rze-t. :' '.�� .. 7 t s°$„£:s wa,..,,7 s^.. rs # +;% 144, ",Y s&''-"Y�C"v',j• aa ay a.y ,' ,, ,14 ,.-G. H Ct 7„„, r. .. ma's a •` f by ' V # .4T^ ''1 "F. 8 � R".,. ri Ai s i • ..- g+ I. i '°4,-„ n: ,° " ' 4 i Be .:;,, ....N-r + °e`kV" `' '.Pl ' r N . •M"'- ,.. . '' ..,..ram spa .x t'} r ,ram r ._'!5 l "t% ,..:, `;,' , r *mow . , ' 246 2luurt/L ig2 '23 gh. 41443 SECTION A ///e3 NOTICE INVITING ELECTRONIC BIDS for the construction of CIVIC CENTER UNDERGROUND STORAGE TANK(UST)REPLACEMENT CC No. 1651 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 Wednesday,June 14,2023,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/portal.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/portallportal.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. 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. A-1 No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. 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: Civic Center Underground Storage Tank(UST) Replacement. CC#: 1651 Bid Opening Date: June 14, 2023 at 2:00 PM. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License C-61/D-40 and a State Hazardous Substance Removal Certificate, 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: The WORK of this Contract will consist of replacement of the City's underground fueling station facility at the Civic Center. This work consists of demolishing existing fueling canopy, dispensers, and associated support equipment,and abandoning the existing tank in place. The new facility will involve a new fueling canopy,dispensers,control system,and underground storage tank. See project plans and specifications for comprehensive description of scope. NOTE TO BIDDERS REGARDING PROJECT SCHEDULE: Note that the new owner furnished,contractor installed underground storage tank(UST)is scheduled to be delivered on or around October 31,2023. The contractor will be required to prepare the site completely in order to offload the UST from the delivery vehicle directly into the excavated position of the new tank. All contractor pricing and bid documents must reflect the timing of this equipment arrival schedule. A non-mandatory pre-bid meeting will be held to inspect the site and discuss the work to be done and the Contractor's responsibilities. The City's representatives will be available to address questions. The meeting will be held at HB Police Department, 2000 Main St, Huntington Beach, CA 92648 on Thursday, May 25t', 2023 at 9 AM. It is highly recommended that prospective bidders attend this meeting. 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. A-2 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 7 h day of June 2�22,by Resolution No. 2022-28. Attest: /s/Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-3 8/2/23,5:21 PM City of Huntington Beach I Public Notices Column0,5 O a a NIEBCCNo.1651-CivicCenterUnderground(5190751) Notice Preview - Activity Log 3 it o Newspaper Huntington Beach Wave Publication Dates J May 25, 2023 J Jun 1, 2023 Status Invoiced Outside Column ($1653.37) 0 Invoice Due Invoiced Outside Column Order Number 0011604027 S= Account Number 5190751 Quick Actions VIEW PROOF VIEW RECEIPT PAY INVOICE https://www.colunnn.us/notice/V9Xx6gfmsSgdDgsf1QJM INCLUDES THE , VALLEYEW Waxt 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Account Number: 5190751 Ad Order Number: 0011604027 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 05/25/2023 and 06/01/2023 Total Amount: $1653.37 Payment Amount: $0.00 Amount Due: $1653.37 Notice ID: V9Xx6gfmsSgdDgsf1QJM Invoice Text: S E C T I O N A NOTICE INVITING ELECTRONIC BIDS for the construction of CIVIC CENTER UNDERGROUND STORAGE TANK(UST) REPLACEMENT CC No. 1651 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 Wednesday,June 14, 2023 ,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/portal.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.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 NIEBCCNo.1651-CivicCenterUnderground(5190751) - Page 1 of 3 AilTCA See Proof on Next Page INCLUDES THE FAL EY VI VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street,Attn: Human Resources Huntington Beach, California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, 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: 0512512023,0610112023 I 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:Jun 1, 2023. Signature NIEBCCNo.1651-CivicCenterUnderground(5190751) - Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of CIVIC CENTER UNDERGROUND STORAGE TANK(UST) REPLACEMENT CC No.1651 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 protect and will receive such bids.Prior to 2:00 PM on Wednesday, June 14,2023,on the City's PlanetBlds 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 cis a vendor and then bid on this-protect via the City's PlanetBlds System Vendor Portal website at: https://www.planetblds.com/portal/ portal.cfm?CompanyI D=15340 Copies of the bid documents,-including Instructions to bidders,bidder proposal form, and specifications may be downloaded free at: llttps://www.planetbids.com/portal/ portal.cfm?Company I D=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBlds system to view and download the Contract Documents, to be added to tile prospective bidders list,and to receive addendum notifications when Issued. 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 Callfornia,.which are available online cit www.dlr. 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 tile provisions of the Public Contract Code,Section 10263.The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Tile AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry;sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the.approved Proposal.forms in conformance with the instructions to'Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashiers 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 hid opening date and time.Tile 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: Civic Center Underground Storage Tank(UST)Replacement CC#:1651 Bid Opening Date:June 14,2023 at 2:00 PM. The successful bidder shall be licensed in accordance with.provisions of the Business and Professions Code and shall possess a State Contractors License C-61/D-40 and a State Hazardous Substance Removal Certificate,at the time of tile 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.sublect to verification by the AGENCY. In case of ci variation between the unit:price and the extension,the unit price will govern. Protect Description: The WORK of this Contract will consist of replacement of the City's underground fueling station facility at the Civic Center.This work consists of demolishing existing fueling canopy, dispensers, and associated support equipment,.and abandoning tile existing tank in place.Tile new facility will Involve a new fueling canopy,dispensers, control.system,and underground storage tank.See protect plans and specifications for comprehensive description of scope. 1�lQT 131DD_ERS_REQARDLN.G_PROJECT S_CELEDULE, Note that the new owner furnished, contractor installed underground storage tank (UST) is scheduled to be delivered on or-around October.31,2023.The contractor will be required to prepare the site completely in order to offload the UST from tile delivery vehicle directly into the excavated position of the new tank.All contractor pricing and bid documents must reflect the timing of this equipment arrival schedule. A non-mandatory pre-bid meeting will be held.to inspect.tlle site and discuss tile work to be done and the Contractor's.responsibilities. Tile City's representatives will be available to address questions. The meeting will be held at HB Police Department, NIEBCCNo.1651-CivicCenterUnderground(5190751) - Page 2 of 3 2000 Main St, Huntington Beach,CA 92648 on Thursday,MaY 25 th,2023 at 9 AM. It is highly recommended that prospective bidders attend this meeting. 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 PlanetBlds 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 HUNTINGTON BEACH, CALIFORNIA, the 2th_day of June 2022_,by Resolution No.2.022_28. Attest: /s/Bob1LLEstanlstau CITY CLERK OF THE CITY OF HUNTINGTON BEACH Huntington Beach Wave Published:.5/25,6/1/23 NIEBCCNo.1651-CivicCenterUnderground(5190751) - Page 3 of 3 UNSUCCESSFUL BIDS CC No. 1651 Civic Center Underground Storage Tank (UST) Replacement Project Co-6 ampovme--An-71-1. N,vrr6 o J cEPt4 E /k . SECTION C PROPOSAL for the construction of Civic Center Underground Storage Tank(UST) Replacement CC No. 1651 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 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. Ouge, ?mt. le /w_.C. c-I 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. proposal Bidders Bond for 10% $117'633.27 Accompanyingthis ro osal of bid,find in the amount of which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. J Date Received Bidder's Signature C-2 BID FORM UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE ' QTY. PRICE COST 1. Mobilization LS 1 $58,816.81 $58,816.81 2. Demolish and Dispose of EA 1 $153,018.13 $153,018.13 Existing Fuel Canopy and Dispensers, Fuel, Vapor and Vent Piping. Abandon existing UST in place. 3. Erosion & Pollution LS 1 $29,872.70 $29,872.70 Control BMPs 4. Potholing at EA 2 $1,294.15 $2,588.30 Proposed Canopy Footings 5. Utility Locating and LS 1 $2,588.30 $2,588.30 Potholing 6. Saw Cut and Remove LS 1 $48,834.50 $48,834.50 Asphalt and Concrete Paving 7. Trenching, conduits LS 1 $133,204.50 $133,204.50 and backfill 8. Remove and relocate LS 1 $6,177.60 $6,177.60 fuel- management system 9. Fuel Canopy Footing & EA 2 $9,859.85 $19,719.70 Anchor Bolt Installation 10. Install Shoring for New EA 1 $144,859.00 $144,859.00 UST Excavation 11. Install New UST, LS 1 $141,628.27 $141,628.27 Sumps, Vent Riser Assembly& Piping (including UST offloading from delivery vehicle and installation) 12. Install Canopy, New LS 1 $165,753.91 $165,753.91 Fuel Dispensers, Sumps & Hanging Hardware 13. Provide and install leak- EA 1 $46,805.73 $46,805.73 monitoring console City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.1 14. Provide and install tank- EA 1 $6,177.60 $6,177.60 level probes 15. Provide and install leak EA 6 $1,029.00 $6,174.00 sensors 16. Install New Asphalt LS 1 $94,388.21 $94,388.21 Paving and Base 17. Install New Concrete LS ,1 $85,499.70 $85,499.70 Paving and Base 18. Install 4" Dia. and 6" EA 9 $1,343.94 $12,095.46 Dia. Bollards Per Plan 19. Provide New Pavement LS 1 $8,835.26 $8,835.26 Striping Per Plan 20. Closeout and LS 1 $9,295.00 $9,295.00 Demobilization TOTAL IN NUMBERS: $ 1,176,332.68 TOTAL IN WORDS: One Million,One Hundred Seventy-Six Thousand,Three Hundred Thirty-Two Dollars and Sixty-Eight Cents Bidders must provide pricing for every bid item. The lump sum amount for Mobilization shall not exceed five percent(5%)of the total amount of the bid, unless the bid documents indicate otherwise. The estimated quantities for unit price items are for bidding purposes only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Compensation for items of work not specifically identified in these bid items shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the Plans and Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional compensation shall become due the Contractor. City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater,and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor License Registration# Amount Contract Number 12 Monitor,Inc. Material $71,500.00 6% 200 Elliot Road Supplier Sherman,TX 75091 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 N.ONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 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 013/23 ,at Concord. Date Date City :State Richard Carnacho , being first duly sworn, deposes and says that he or she is President of GEMS Environmental* 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 wilt 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. *Management Services,Inc. GEMS Environmental Management Servites,Inc. Name of Bidder st/e9247 -4. ignatureta Bidder I 120 Willow Pass.Court Concord,CA 94520 Address of Bidder C,41 UTILITY AGRgEMENT HONORABLE.MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that la the performance of the work specified in the contract, known as the Civig, Center Underground Storage Tank (liST) Replacement, (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 reasOil of experience or instructibn,is familiar with The operation to be performed and the hazards involved." The undersigned Also promised and agrees that all such work shall be peifornied 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. GEMS Environmental Management Services,Inc. Contractor ard C acti; By President Title. Date. June 13,2623 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ®No If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. GEMS Environmental Management Services,Inc. Contractor Richar Camacho By President Title Date: June 13,2°23 C-7 BIDDERS INFORAIATION BIDDER certifies that the following information is true and correct: GEMS Environmental Management Services,Inc. Bidder Name MO:Willow Pass Court Business Address Concord CA 94520. City, State Zip ( 925 )671-6822 rcamac.ho@gemsenvironmental:com TelephOne Number. Email AddreSs 864458 A/Hu/Ash/03 State Contractor's License W .and Class 9/20/2095 Original Date Issued 9/30/2023 Expiration Date The work site was inspected by Steven Rojek of our office on May 25 ,2023 The.following are persons,firms,and corporations:having a principal interest in this proposal: Richard:Camacho,President 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 imptovernentS in accordance with the plans and specification :set foith. GEMS Environmemal Managerhent Serried,Inc„ Company Name ire,,f,4/42-4.16.• Signature f Bidder Richard camacho Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this_day of ,202_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of ) County of ) On before me, Month,Day,and Year Insert Name and Title of Notary personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) ,� � c.� ‘‘‘'2a1- `"1� Cs" tip` rrA C-9 CALIFORNIA.JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§;.8202 tiiP See Attached Qocument(Notary to cross outlines 1-6 below) D See Statement.Below(Lines 1-6-to be completed only by document.signer[s],not Notary) 6 Signature of Document Signer No. 1: Signature ofbocumerit Signer No.2(if any) A notary public:orother officer completing this certificate verifies only the identity et the iridividual'who'sigried the document to which this certificate is attached,and not the'truthfulness;accuracy,or validity Of that document. State.of Califotr is Subscribed and sworn to.(or affirmed)before me' County of (._o ,?t-Y-_ s 47-. on this:.\ '\... day'of . t)V442 ,.20 //b{{y_ '�} Date Month Year G. .-.�. PAUCA T!ElMAT' NotaryPubllc-California . (and(2) Ccntrs COits Vome(s)o5igrer(s)I- :CommissionN24249t9 1 -t7'' -14y Comm:Expires Nov 2,2a26 • proved to me on the basis of satisfactory evidence to be the person(t)who appeared before me. 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 urfintended•document. Description of Attached Document Title or Type of Document: t ire..Q o S - V10 . t6S" Document Date: .Numberof Pages: Signer(s)Other Than Named Above: 02019'.National Notary Association Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of multi-pump fueling stations, canopies, and the replacement of underground storage tank(UST) systems with capacity of at least 5,000 gallons . 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. County of Ventura Public Works Agency;800 S Victoria Ave,Ventura,CA 93009 Name and Address of Public Agency Name and Telephone No.of Project Manager: Jon Jacobon;(805)654-2022 $3,374,788.00 Construct new fuel station;Remove two existing fuel stations Project ongoing Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Provide&install two(2)30,000 gallon gas&one(1) 12,000 gallon diesel underground storage tanks;new canopy &montoring system.Remove existing underground tanks,canopies,dispensers,piping&appurtenances. 2. Orange County Transportation Authority; 550 South Main Street,Orange,CA 92863 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jim Khan;(714)559-1919 $1,653,311.98 Removal of Liquefied Natural Gas Underground Storage Tanks 9/7/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Removal of two(2)25,000 gallon underground liquefied natural gas(LNG)tanks,dispensing systems, conditioning heaters,piping and all appurtenances at two OCTA locations. 3. NASA/Armstrong Flight Research Center, P.O.Box 273 M/S 4811-140,Edwards,CA 93523-0273 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jeff Nichols;(661)276-2197 $4,320,400.00 Construct Science Mission Aircraft Fuel Farm 6/14/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Modification&installation of three(3)50,000 gallon above ground fuel tanks,including caisson footings, prefab building with HVAC,fuel pump skids,fire suppression and detection system,light poles and security cameras. C-l0 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. John Tharp Name of proposed Project Manager Telephone No.of proposed Project Manager: (559)333-7782 County of Ventura General Services Agency New Fuel Station;$3,374,788.00 Project ongoing Project Name&Contract Amount Type of Work Date Completed OCTA LNG Tank Removal at Garden Grove and Anaheim Bus Bases;$1,653,311.98 9/7/2017 Project Name&Contract Amount Type of Work Date Completed NASA/AFRC Construct Science Mission Aircraft Fuel Farm;$4,320,400.00 6/14/2017 Project Name&Contract Amount Type of Work Date Completed 2. Kris Martell Name of proposed Superintendent Telephone No.of proposed Superintendent: (559)300-8466 County of Ventura General Services Agency New Fuel Station;$3,374,788.00; Project ongoing Project Name&Contract Amount Type of Work Date Completed OCTA LNG Tank Removal at Garden Grove and Anaheim Bus Bases;$1.653,311.98 9/17/2017 Project Name&Contract Amount Type of Work Date Completed NASA/AFRC Construct Science Mission Aircraft Fuel Farm;$4,320,400.00 6/14/2017 Project Name&Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB g54(citing Labor Code Section 1771.1( )), passed by the California State Senate On June 20,20 I4,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.di t,Ca.gov/D LS E/PublicWorkS/SB854FactSheet 6.30.1 4.pd DIR's Contractor Registration Link Call(844) 522-6734 https://efiling.dir.ca.gov/PWCR/ACtionServlet?action=displayPWCRegistrationform DIR''s Contractor RegiSttation searchable,database: littps://efi I ing.d inca,gov/PWC•R/Search.action I ain aware and will comply with the provisions of Labor Code Section 1 77I.1(a)which states; "A contractor or subcontractor shall not be qualified to bid on, be I iSted 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 7020.1 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. GEMS Environmental Management Services,Inc: Contractor Richard Camacho By rcaniacho@gernsenvironnientalcom Email. President Title Date: pane 13,2023 PWC Registration it; 100000I924 C-12 , THE AMERICAN, INSTITUTE OF ARCHITECTS AlA DpcunleOt A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,THAT WE GEMS Environmental Menagement Services,Inc. 1120Villovi Pass Ct.:Concord,CA 94520 , as Principal,hereinafter calledthe principal,and Developers Surety and.Indemnity Company 800 Superior: venue E..21st Flear.,CleVeland,OH 44114 a corporation duly organized,under thelaWs of the State of CA as Surety,hereinafter Called the Strtety,are'held and firmly bOUnclunto Citv of Huhtintjtati.Beath 2001/lair%Street, Huttintiton Beach,CA 92648 as Obligee,hereinafter called the Obligee,in the sum of Ten,Percerit ofArnouet Bid • Defiers($ 10% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,bur heirs, executors,administrators,successors and:assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has SUbinitted.a bid for CC No. 1651 Civic Center UndergrouniiStorage tank,(UST) Replacement. NOW, THEREFORE,lithe Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract With the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and matenals furnished in the prosecution thereof, or in the event of the failure of the,Principaj to enter such Contract and give such bond or bonds, if the Principal shalt pay to:the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee May in good faith contract with another party to perform the Work covered by said bid,then:this,obllgation shall be null and void,otherwise to remain in full force and add, Signed and sealed this :9th day of June ::-, : - z,,.:._,laga:c, •,z...-1,... -,. - ,•'..- . - . „ ' ,'.•197- GEMS Environdierttal.Meria eriteritiet "inc: -----= . 'f, '.• (flincipal) (I/Wept:4 -- — k f ' Aper/ft-..'"'?°-- -„ ' '-.^:: ''' •'",-,': ::.-~, °.:* 4-4 Pi 4,A•vNi-A 60P, ?R;4 -FL4:4; 0:11tek .: Develope •ure -*•. *-pity Company . . , (Witneee) llbk 4 1 V . Atl,mey-In-F•Art. . G - • ,- ‘ -- (Tale)„ • --.. — -% .. k -. -... MA PPCPIEITT ANO•EMI BOND*MA*FEB• • •Y 1970 ED:•THE:AMERICAN ,.; — • DisrituttoF ARCHITECTS,17351,13t.AVE.,N.W„WAEIIINGTON,D.0 20006 . . • POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane,43rd Floor,New York,NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that,except as expressly limited herein,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,do hereby make,constitute and appoint: Gabriella Grady.Stephanie Hope Shear,Elizabeth Santos,Stacey Garcia and Christopher Coronet ,of Woodland NIle,CA as its true and lawful Attorney-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said companies,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said company could do,but reserving to each of said company full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is effective June 9,2023 and shall expire on December 31,2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY(collectively,"Company")on February 10,2023. RESOLVED,that Sam Zaza,President.Surety Underwriting,,lames BelL Vice President.Surety Underwriting,and Craig Dawson.Executive Underwriter, Surety,each an employee of AmTrust North America,Inc.,an affiliate of the Company(the"Authorized Signors"),are hereby authorized to execute a Power of Attorney,qualifying attorneys)-in-fact named in the Power of Attorney to execute,on behalf of the Company,bonds,undertakings and contracts of suretyship,or other suretyship obligations;and that the Secretary or any Assistant Secretary of the Company be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. RESOLVED,that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company,and the seal of the Company must be affixed to any such Power of Attorney,and any such signature or seal may be affixed by facsimile,and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this March 27,2023 . 0000000000 oo OSURg4••, ,�.(AND 0000 �N •,, Printed Na Sam Zarr a GO a TT0%O =C:..* F0 T. Title: President,Surely Underwriting ' W S SEAL: E S OW- 1936 J - : J•'•A.6A lit-P,' ' So'•C9CIFofwe Dom.: ACKNOWLEDGEMENT: ' • ••• .•' '•,-i, •. .."'.). �.•' • SD., ,.,*,•'',,,%% •,...,•q,*•',,,,,� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF California COUNTY OF Orange On this 27 day of March,20 23 ,before me, Hoang-Quven Phu Pham , personally appeared Sam Zaza , who proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged tome that they executed the same in their authorized capacity,and that by the signature on the instnnnent the entities upon behalf which the person acted,executed this 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. ,�(!`'�-�•i,, HOAIKrQ111EN P.NU1M r.:1,«n_. Notary Prubffc-California �-"';;' Orange EN R P i Signature \4 �.ti1�1 Comndssio t 0 2432970 zzcc ,. Aty Comm.NAM Dec 3%2024 CORPORATE CERTIFICATION The undersigned,the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland,Ohio,this March 19,2023. �DocuS1 nod _ By. [ dUJ1WJ)Si S Barry W.Moses,Assistant secretary a884 Secretary POA No. N 1 ADE54aC_ . • DocuSignEnvelopelD:33528FD6-5E9D-4796-837E-C1E455E6530F - Ed.0323 CALIFORNIA ALLPURPO8E ACKNOWLEDGMENT CIVIL CODE§1189 A notary publid 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 truthfulness,accuracy,or validity of that document State of California County of. LosAngeles On nit 0 9 721 • before me, Ludas Pattertori,NOtaiy PUblic Date Here Insert Name and Title of the Officer', personally appeared ,Gabliella 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, LCUS A'17150.t.1 NotaryTublic California t,....ZITg.,71:4) 'Los Angeles County Sigp4turg ciNgt-A, Conwniisich 4'23522E4, My Cocrrn.Expires Mari ,2025 Signature OfNOtety Public. Piece Notary Seal Above • OPTIONAL Though this section is optional, completing this information can deter alteration of the docum- or fraudulent reattachment of this form loan unintended doduinetit. Description Of Attached DOcUment Title or Type of Document: . boduM I-• •ate: Number of Pages: Signer(s)- Other Than Named Abo Capacity(ies)Claimed by Signer(t) Signer's Marne! Signer's Narne:. 0•Corporate Officer—Title(s): Et.Corporate Officer—Title(s): Cl Partner 0 Limited C Genet:: 0.Partner— 0 Limited 0 General o Individual 0 Attorne act 0 Individual 0 Attorney in Fact 0 Trustee 0 •tan or Conservator 0 Trustee Guardian.or Conservator Cl Other: Cl Other: Signer Is, - esenting:. Signer Is Representing: ©2014 National Notary Association•www:NatibnalNotary.brg •1-800-US NOTARY(1-800,8786827)- item#5907 As'\\, City of Huntington teach V © 2000 Main Street e Huntington :each, CA 92648 (714) 536-5227 a wvwv.huntingtonbeachca.gov Office of the City Clerk C°uNri CPS. Robins EstsaasIlann,City Clerk September 14, 2023 MJK Construction, Inc. 4780 Cheyenne Way Chino, CA 91710 RE: Civic Center Underground Storage Tank(UST) Replacement Project—CC No. 1651 Enclosed please find your original bid bond for CC No. 1651 Sincerely, ‘4)64/44t, 944,114611444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECT"I . N C PROPOSAL for the construction of Civic Center Underground Storage Tank(UST)Replacement CC No. 1651 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 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid,findK A J c It iv in the amount o 53 `37which said amount is not less than 10%of the aggregate of the total bid price, as required by the Notice Inviting ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature. N/A C-2 BID FORM UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY: PRICE COST 1,. Mobilization LS 1 $34519 $34519 2. Demolish and Dispose of EA 1 Existing Fuel Canopy and Dispensers, Fuel, Vapor and Vent Piping. Abandon $149128 $149128 ;..existing UST in,place. .... 3 Erosion & Pollution LS 1 $80088 $80088 Con.troll BMPs 4. .. Potholing at EA 2 Proposed Canopy $5333 $10666 Footings 5. Utility Locating and LS 1 Potholing $41561 $41561 6: Saw Cut and Remove LS 1 Asphalt and Concrete $63583 $63583 Paving ............. 7; Trenching, conduits LS r 1 $168096 $168096 and backfill 8. Remove and relocate LS 1 fuel- management $14719 $14719 system... 9. Fuel Canopy Footing & EA 2 $24248 $48496 Anchor Bolt Installation • 10. Install Shoring for New EA 1 $28877 $28877 UST Excavation .. . ........ .. ....... 11. Install New UST, LS 1 Sumps, Vent Riser Assembly & Piping (including,UST offloading from delivery $123551 $123551 vehicle and installation) .. 12. 'Install Canopy, New ' .. LS .. ... I Fuel Dispensers, Sumps & Hanging $446279 $446279 Hardware 13. Provide and install leak-... EA 1 Existing to Remain monitoring console City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.1 14. Provide and install tank- EA 1 $9153 $9153 ::.level..probes.:. 15. Provide and install leak EA 6 $4902 i $29412 '; sensors Install New Asphalt LS 1 $80879 $80879 Paving and Base 17. Install New Concrete. ° ,. LS 1 $113126 $113126 Paving and Base 18. .,Install 4" Dia. and 6" EA 9 $4232 $38088 Dia. Bollards Per Plan 19. ' Provide New Pavement LS 1 $9758 $9758 Striping Per Plan 20. ::Closeout and LS 1 $49550 ;; $49550 Demobilization TOTAL IN NUMBERS: $ 1,539,529.00 One Million Five Hundred Thirty-Nine Thousand Five Hundred Twenty-Nine Dollars TOTAL IN WORDS;: Bidders must provide pricing for every bid item. The lump sum amount for Mobilization shall not exceed five percent(5%)of the total amount of the bid, unless the bid documents indicate otherwise. The estimated quantities for unit price items are for bidding purposes only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Compensation for items of work not specifically identified in these bid items shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the Plans and Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional compensation shall become due the Contractor. City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar %of Item(s) Subcontractor. License Registration# Amount Contract Number Hardy & Harper, Inc. 215952 A.C-8'C-12 1000000076 16 & 19 $60355 4% Coan Construction Co., Inc.. 419686 B, C-8 1000011697 2,9,&17 $111523 7% Nieto & Sons Trucking, Inc. 1007851 A,C10, 1000031152 2 C-61/D40 $8240 1% AdvancedGeo, Inc. 1063765 A, C57.pw LR-1000600194 2 $29000 2% Focus Electric 687022 B,C10 1000024462 7 & 12 $98300 6% CalCraft Corporation 872310 B,C43,C33 1000030478 12 C51,C10, 592445 6% C45,C46 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. . ............. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under.penalty of.perjury under the-laws of the State of California,that the foregoing is true and correct and that this declaration is executed on.; 06fratit,Chino CA. bate, City State Spencer Kissick ,being first duly sworn, deposes and says that he or she is President of MJK Construction, Inc. the party making the .foregoing bid that the bid is not made in the interest of,or on the behalf of,any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and, further,that the bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. MJK Construction, Inc. Name of Bidder Signature of Bidder 4780 Cheyenne Way,Chino,CA, 91710 Address of Bidder C-4 JURA 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 11.1(1. & flc id i :Subscribed %r**00,1 t4'(or affirmed)::before,rb • . by ,_.... ,. t .Y tC proved to me on the basis of satisfactory evidence to be the personwho appeared before me. .q.L9.t iC. SAMAN1EGO, ,, rr comm.112429454 h *y* 4 N07ARY1U1LIC•C11lIFORNIlY+ t •r RIVERSIDE COUNTY 9 y •{r ' . `g4�fir' rs, ..COMM._EXMRESDEC..G,2029 Signature (Seal) OPTIONAL INFORMATION INSTRUCTIONS The wording of all Jurats completed in California after January 1,2015 must be in the form as set forth within this Jurat.There are no exceptions,tf a Jurat to be completed does not follow this form,the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The �( � document must be signed AFTER the oath or affirmation.If the document was previously `1.601.1 Loon., , clgv1J...."1 . signed,it must be re-signed in front of the notary public during the jurat process, (Title dr description of attached document) State and county information must be the state and county wherethe ' document signer(s)nf personally appeared before the notary P y PP ry Public. d crdinp :oi atladied document continued) • Date of notarization must be the date the signer(s) personally t6101 appeared which must also be the same date the jurat process is I I A,2b2 completed. Number of Pages:: '. Document Date 1`"f 3• Print the name(s)of the document signer(s)who personally appear at /y� d /� 11 the time of notarization. Gam` �i ` t • Signature of the notary public must match the signature on file with the Additional information office of the county clerk. y • The notary seal impression must be clear and photographically ��'�' " '" reproducible.Impression must not cover text or lines.If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a p different jurat form. gib b.: !• tict4 Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. • Securely attach this document to the signed document with a staple. 2015 Version www.NotaryClasses.com 800-873-9865 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 Civic Center Underground Storage Tank (UST) Replacement, (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. MJK Construction, Inc. Contractor Spencer Kissick By President Title Date: 6/14/2023 • C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162,the Bidder shall complete, under penalty of perjury,the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 0 No If the answer is yes, explain the circumstances in the space provided. Note: 'Phis questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. MJK Construction, Inc. Contractor Spencer Kissick By __ .. . President Title Date a/Ji/ .LIP.,3 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: MJK Construction, Inc., Bidder Name 4780 Cheyenne Way -.... Business Address Chino CA 91710 City, State Zip ( 909 594-9830 plawrence@mjkconstruction.com Telephone Number Email Address 586870 B, C-8,A, C10 .., State Contractor's License No.and Class 1/25/1990 Original Date Issued 1/31/2024 Expiration Date The work site was inspected by. Mike McCarthy of our office on 5/25 . .,2023. The following are persons,firms, and corporations having a principal interest in this proposal: MJK Construction, Inc. 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 withthe plans and specifications set forth. MJK Construction, Inc Company Signature of Bidder Spencer Kissick Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this. 'dayof. Z-2, ...,2023... 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 501Y1 eer faYditf\O ) s e 'i .... before me, 1K1Ck1€t1 t�:_ {''� ' 1`1' Month,Day, and Year Insert F4 e,and Title cfNotary personally appeared,with, .x ex . igti 'f,.. P y PP Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence-to'be thel),er+ whose mine( are: subscribed:to they tithrn ins en ey:-� .t��id aclti±�v►rTeci;�ed t� :the that• �. ;;�;;,.,r � iit�d- e:sana,� an. .rs er/their` ;thoritzed capaefty( 4,4nd that:l ...'. erltheir.signa;tune. on:the instrumenttfie erson( or the;entity,upon behalro wi i lb:the;per"s�on .. .aeted, u ., 'the•rt�sirumeait.. l7 , 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. R= . I sa+v+a IEGO 0 Q... COMM.#2429454 lt„-,,:;gq NOTARY PUBLIC•CAUFORNIf k„e r':. RIVERSIDE COUNTY .a� ::_: r ' CPMM EXPIRES.DEC.B,2028 j 2, , , :,,, : : Signature '`. .. � .. Signature of : ty.Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shalh provide project history of similar work, specifically referencing the construction of multi-pump fueling stations, canopies, and the replacement of underground storage tank (UST) systems with capacity of at least 5,000 gallons . 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. Cal Poly Pomona-3530 Pomona Blvd. Pomona,CA 91768 Name and Address of Public Agency Name and Telephone No. of Project Manager: Vanessa Ortega 909 536 6458 $132,021.41 UST Removal 7/8/2021 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Produced permit applications and plans. 15,000 gal.and 10,000.gal UST removed with associated piping; Triple rinsed and UST disposed of Excavation backfilled. 2. City of Long Beach..-411,West Ocean Blvd.Long Beach,CA 90802 Name and Address of Public Agency Name and Telephone No. of Project Manager: Brittany Lawrence 909 536 6089 $1,141,700.00 UST System Removal 9/1/2022 Contract• 11 1t:=M•• ° Type of Work Date Completed 3:ems-0 .v �ny.� j`�,.�y s�..i.,c , i e'.vs.:i ,cription Provide adc�xtional;,'• , e`s��d`es" to show similar work: 1?�3. err r. ProdUceddrawi tig 'fnid.:0 ..,pe?mits.UST system removed,soil samples analyzed,and excavations backfilled„; Veeder Root monitoring system upgraded, and AST system and canopy_instellcd., 3. ^,Orange County Sanitation District-10844 Ellis Ave.,Fountain Valley,,CA 92708 Name and Address of Public Agency Name and Telephone No. of Project Manager: Vanessa Ortega 909 536 6458 $739,334.24 Fuel system Install Pending completion 2023 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Provided and installed two..20,000 gallon USTs with two new veeder root monitoringsysiems.and new fuel polisher,. C-10 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. Vanessa Ortega Name of proposed Project Manager Telephone No. of proposed Project Manager: 909 536 6458 LLU Fuel Tank Replacement$1,948,879.00 4 UST removals,2 UST installations In Progress Project Name&Contract Amount Type of Work Date Completed FTR Victorville Remove UST $72,177.88 Excavate 12,000 gal. UST 5/2023 Project Name&Contract Amount Type of Work Date Completed Orange County Sanitation District Fuel System Install $739.,334.24 Install two 20,000 gal. USTs Pending Completiong 2023 . . Project Name &Contract Amount Type of Work Date Completed 2, Alfred Herrera Name of proposed Superintendent Telephone No. of proposed Superintendent: 909 721 1847 Orange County Sanitation District Install two 20,000 gal. USTs Pending completion 2023 Fuel System Install $739,334.24 .... 0 Project Name&Contract Amount Type of Work Date Completed Kaiser Downey 9/2021 DMC CUP $3,696,455 30,000 gal. UST Install Project Name &Contract Amount Type of Work Date Completed Providence St. Josephs $530,170.82 8,000 gal UST Install 8/2022 Project Name&Contract Amount Type of Work Date Completed C-11 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=disp layPWCRegistrationForm 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. MJK Construction, Inc. Contractor Spencer Kissick By skissick@mjkconstruction_.com Email President Title Date: 6/14/2023 PWC Registration#: 1000007076 C-12 6/8/23;12:27 PM Registrations `� Contractor Information Registration History Effective Date Expiration Date Legal Entity Name MJK CONSTRUCTION,INC. 05/24/18 06/30/19 Legal Entity Type 05/08/17 06/30/18 Corporation Status 05/05/16 06/30/17 Active , _.�.W Registration Number 06/17/15 06/30/16 1000007076 Registration effective date 01/27/15 06/30/15 07/01/22 Registration ex iration date 07/01/19 06/30/22 P .m�. � __ .. .... is 06/30/25 07/01/22 06/30/25 Mailing Address -{ 4780 CHEYENNE WAY CHINO 91710 CA United States..; Physical Address 4780 CHEYENNE WAY CHINO 91710 CA United States.., Email Address plawrence@mjkconstruction.com Trade Name/DBA £ License Number(s) CSLB:586870 � Legal Entity Information .�. .. . .�m.. Corporation Entity Number: 1472872 Federal Employment Identification Number: 330384490 i President Name: Spencer Kissick Vice President Name: Treasurer Name: Michael Kissick Secretary Name: Pamela Lawrence CEO Name: Pamela Lawrence Aug f41. 'eMc04: I httpsJ/cadir.my.salesforce-sites.com/ContractorSearchlregistrationSearchDetails7id=a1Rt00000048nbzEAA 1/2 6/8/23,12:27 PM Registrations Agent of Service Name: Corporation Service Company 1505 4 Agent of Service Mailing Address: 2710 Gateway Oaks Drive, Ste 150N Sae°ramento 95833-3505 CA United States Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current=worker's compensation insurance information below: PEG.' PEO PEO i PEO InformationName Phone Email I Insured by Carrier Policy Holder Name: MJK CONSTRUCTION, INC. Insurance Carrier: STATE COMPENSATION INSURANCE FUND Policy Number:' 911263pA1 Inception date: 12/01/21 Expiration_Date: 12/01/22 $7,981.93 NII rtcad;r'..tnysatasr tce0 s cgtrr(00tife tgrP0001l81-810 ii5 360 04811s7 04 to80.00048heitEM 2/2 Home CONTRACTORS STATE LICENSE BOARD 'OContractor's License Detail for License # 586870 DISCLAIMER:A license status check provides information Laken from the CSLB license database.Before relying on this Information,you should be aware of the following limitations. i 6LB complaint disclosure Is restricted by law(B&p7124.5)Ifthis entity is subject to pubic complaint disclosure dick on link that will appear below for mom Information,Ctickhere fora definition ofd&dasable actions, onlyconstroNon relateddvllfudgmentsreported tttaLBaredisdosed(B&PT071.17). 4 Arbteenonsaw not listed enlesthecontractorFalbrommplywiththeterms. Dueto workload,them may berelwantinformationthathasnotyetbeenentemdintotheboseslh:ensedetabase. Data current as of 1/31/2022 10:21:39 AM Business Inforra:iorr MJKCONSTRUCTION INC 4780 CHEYENNE WAY CHINO,CA 91710 Business Phone Number.(909)594-9850 Entity Corporation Issue Data 01/25/1990 EYpire Date 01/31/2024 License,Status This Utensils current and active. 41Tinfeiit atioari lkerSiiouttlbeiiMitti+rid.•: C1369irC990P8 B-GENERAL BUILDING C-B-CONCRETE A-GENERAL ENGINEERING !z C10-ELECTRICAL Certifications HAZ-HAZARDOUS SUBSTANCES REMOVAL Bonding IiIDf1118iion Contractor's Band This license filed a Contractor's Bond with HARCO NATIONAL INSURANCE COMPANY. Bond Numbers 5U0692277 Bond Amount:$15,000 Effectvu Date:07/01/2021 Contractor's Bond History Bond of Quali fy1ng individual ►‘z The qualifying individual MICHAEL JOSEPH KISSICK III certified that he/she owns 10 percent ar more of the voting stockjmembership interest of this company;therefore,the Bond of Qualifying individual is not required, Effective Data:01/25/1990 ►' This license filed Bond of Qualifying individual number 1.00566247 for SPENCER LEE KISSICKin the amount of512,500with AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Dater 05/04/2021 R ►; This license filed Bond of Qualifying Individual number 0720098 for JEFFREYDAVIDMADAUSIn the amount of$12,500 with HARCO NATIONAL INSURANCE COMPANY. Effective Date:11/03/2021 L ',1` AiL& Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place MJK Construction,Inc. of business) 4780 Cheyenne Way Harco National Insurance Company This document has important legal Chino, CA 91710 702 Oberlin Road consequences.Consultation with OWNER: Raleigh, NC 27605 an attorney Is encouraged with (Name,legal status and address) respect to its completion or City of Huntington Beach modification. 200 Main Street Any singular reference to Huntington Beach,CA 92648 Contractor,Surety,Owner or BOND AMOUNT: other party shall be considered Ten percent of the amount bid(10%of the amount bid) plural where applicable. PROJECT: (Name, location or address,and Project number,ifany) Civic center Underground Storage Tank(UST)Replacement CC#:1651 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may.in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision.in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 14th day of June,2023. MJK Construction,Inc. (Principal) (Seal) (Witness) (Title) 4_,( Ha r •, ational Insurance Com_pany la/St rt.) — (Seal) (Witness) Audrianna Martinez �� ' el (1 e) ChaP Boornazian CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AM Document A310"—2010.Copyright O 1963,1970 and 2010 by The American Instituted Architects.All rights resarvad.WARNING:This AIAb Init. Document is protected by U.S.Copyright Law and Internattanal Treaties.Unauthorized reproduction or dbatb dIon at this AlAAe Document.or any portion of it,may result in severe civil and criminal wallies,end will be prosecuted to the maximum extent possible under the @er. Purchasers are permitted to reproduce•ten(10)copies or this document when completed.To report oopyrighi vifatians of AIA Con tract Documents,e•mell The American Institute or Architects'legal counsel.co pydgheaia,org, mr„n Acknowledgement Form State of Florida ) )ss.: County of Seminole ) On the loth day of June in the year 2023 ,before me,the undersigned notary public,personally appeared Charles P Boornazian , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(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 capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s) acted,executed the instrument. Notary Public DAMARIS MARTINEZ NOTARY PUBLIC STATE OF FLORIDA NO.HM318261 MY COMMISSION EXPIRES DEC.03,2026 • POWER OF ATTORNEY Bond# N/A • HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group,Headquartered:702 Oberlin Road,Raleigh,North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:Thal HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,.a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint TAYLOR POLLOCK, MARK A. MANFRE, BONNIE ROBBINS, VALLI S. RITENOUR, CHARLES P. BOORNAZIAN Altamonte Springs, FL their true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such Instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President. Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances,contracts of indemnity and other written obligations In the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation;and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter,being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 ......,,,... kxv STATE OF NEW JERSEY STATE OF ILLINOIS -o G t+Porci', fpP�-L t" County of Essex County of Cook :Q; `' s�►I SEAL ;a: 1904 ea o 1984 : �� o :v.'%4N00 VI h f, Kenneth Chapman =, *.. >• 0.4 Executive Vice President,Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December,2018 ,before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. •,,•1"E "•.. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, New Jersey the day and year first above written. • AUBLAC' : ••• difL"dtt• sz. �'•.F�'JEAS�. Shirelle A.Outley a Notary Public of New Jersey My Commission Expires April 4,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on fie in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand on this day,14th of June,2023. A00092 l'f6 " (� Irene Martins,Assistant Secretary Catkvc,14:00 c4i0 CV.itont tAcAm 1 \O 00,C% COV001•49)"O< o ENRcog,Aso:. SeCU9`‘IM S‘toccq. Do as,\(\e NSTo4 City cgf Huntingt.; n teach oe4; .e '••' �\ 2000 Main Street a Huntington Beach, CA 92648 " �� (714) 536-5227 ® �.huntingtonbeachca.gov b`4•. - -.�.. .-•=•mil! G •aFe'ii..................p � Office of the City Clerk C��NTY r �'s4 Robin Estanansflann,City Clerk September 14, 2023 Western Pump, Inc. 3235 F. Street San Diego, CA 92102 RE: Civic Center Underground Storage Tank (UST) Replacement Project—CC No. 1651 Enclosed please find your original bid bond for CC No. 1651 Sincerely, 4Zotx,.. Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan SECTION C PROPOSAL for the construction of Civic Center Underground-Storage Tank (UST)Replacement CC No. 1651 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 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes,royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Bidder's Bond for 10% Accompanying this proposal of bid,find, .. in;.the amount of... .which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting ELECTRONIC Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature........ . ..... N/A N/A N/A C-2 ;.y y,N BID FORM UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization LS 1 $83,983.93 $83,983.93 2: Demolish and Dispose of EA 1 $140,072.92 $140,072.92 Existing Fuel Canopy and Dispensers, Fuel, Vapor and Vent Piping. Abandon existing UST in place. .. 3. Erosion& Pollution LS 1 $22,868.33 : $22,868.33 Control BMPs 4, Potholing at EA 2 $2,984.92 $5,969.84 Proposed Canopy Footings 5. Utility Locating and LS 1 tY g $5,098.89 $5,098.89 Potholing 6. Saw Cut and Remove LS • 1 Asphalt and Concrete $54,431.43 $54,431.43 Paving 7 . Trenching, conduits LS 1 $221,038.56 $221,038.56 and backfill 8. . Remove and relocate LS 1 fuel- management $14,741.28 $14,741.28 system 9. Fuel Canopy Footing & EA 2 $11,450.36 $22,900.72 Anchor Bolt Installation 10. Install Shoring for New EA 1 $18,923.14 $18,923.14 UST Excavation 11 LS 1•, Install New UST, Sumps, Vent Riser Assembly & Piping $176,413.41 $176,413.41 (including UST offloading from delivery vehicle and installation) 12.: Install Canopy, New LS 1 $237,979.07 $237,979.07 Fuel Dispensers, Sumps & Hanging Hardware 13. Provide and install leak- EA 1 $72,773.35 $72,773.35 • monitoring console City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.1 a:, 14. • Provide and install tank- EA 1$5,078.30 $5,078.30 level probes 15. Provide and install leak EA 6 '2,183.24 $13,099.44 sensors 16.. Install New Asphalt LS 1 p $68,336.08 $68,336.08 Paving and Base I T. Install New Concrete LS 1 $64,976.02 $64,976.02 Paving and Base . 18. Install 4" Dia. and 6" EA 9 $1,283.04 $11,547.36 Dia. Bollards Per Plan 19. Provide New Pavement LS 1 $6,7s8.26 $6,7s8.26 Striping..Per Plan Closeout and LS 1 $26,613.20 $26,613.20 Demobilization TOTAL IN NUMBERS: $ 1,273,633.53 TOTAL IN WORDS: One Million,two hundred seventy three thousand,six hundred thirty three dollars and fifty three cents. Bidders must provide pricing for every bid item. The lump sum amount for Mobilization shall not exceed five percent(5%) of the total amount of the bid, unless the bid documents indicate otherwise. The estimated quantities for unit price items are for bidding purposes only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Compensation for items of work not specifically identified in these bid items shall include all labor, materials, tools, equipment, safety measures, and supervision required to complete the work to grades and dimensions shown on the Plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the Plans and Specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional compensation shall become due the Contractor. City of Huntington Beach BID FORM Department of Public Works Civic Center Underground Storage Tank Replacement C-2.2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount`in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration# Amount < Contract Number 11 Hill Crane, 3333 Cherry D36/ Ave.,Long Beach, CA 249128 :A Gen 1000007494 $4,26g 0.33% 90807 !Eng Fonseca Concrete C8 9, 17 1031 W 23RD STREET 1098028 ,Concrete 1000012330 ° $54,840 4.3/o SAN BERNARDINO,CA 92405 Nieto&Sons !A HAZ 2 ' PO BOX 760 '.673912 1000015003 $6,765 0.53% YORBA LINDA,CA 92885 Advanced Geo A Gen 2 837 SHAW ROAD 1063765 C5- 1000600194 $12,600 0.99% STOCKTON,CA 95215 CT Concrete Cutting 'c61/Do6 2,4,6 26341 JEFFERSON AVE.,STE.131 687723 En en 1000006698 $59,865 4.70% MURRIETA,CA 92562 g CalCraft s,C43, 12 1426 S.WILLOW AVE. 872310 C33,C51 C10,C45; 1000030478 $86,165 H 6.76% RIALTO,CA 92376 C46 Hardy&Harper A Gen Eng 16, 19 32 Rancho Circle I 215952 C8 1000000076 $55,234 4.33% Concrete Lake Forest,CA 92630 C12 • CGRS C61/D64 11 5444 Dry Creek Rd. 803616 c61/D4° 1000558306 $9,026 0.71% A Gen Sacramento,CA 95838 Eng SEE NEXT PAGE FOR ADDITIONAL By submission of this proposal, the Bidder certifies: CONTRACTORS L. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 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 Bill Carr Surveys 1 755 Debra Lane PLS8671 1000004352 $9,760 0.77% Anaheim, CA 92805 • By submission of this proposal, the Bidder certifies: t„,. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of14e ta4.•iti.l lifornia that the foregoing is true and correct and that this declaration is executed;Qr .:; =ram ;Diego Ca Date City State Dennis Rethmeier ;;.being first duly sworn, deposes and says that he or she is Owner.... Of Yestem Pump,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. Dennis Rethmeier Name of Bidder Signature of Bidder Western Pump,Inc.,3235 F.Street,San Diego,Ca 92102 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Civic Center Underground Storage Tank (UST) Replacement, (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. Western Pump, Inc Contractor Dennis Rethmeier By Owner Title Date:, C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? U Yes D No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 "b ,6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Western Puma.Inc Contractor Dennis Rethnieier By Owner Title )3-2 023 Date: t23'' C-7 R • • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Western Pump, Inc Bidder Name 3235 F.Street • Business Address San Diego, Ca 92102 City, State Zip ( 619„)446-9505 Ryanr@westernpumppom Telephone Number Email Address 673853 C61/D40 HAZ A C10 B State Contractor's License No. and Class 7/1/2023 Original Date Issued 7/31/2023 Expiration Date The work site was inspected by John Hendrick of our office on May 25, , 202 3, The following are persons, firms, and corporations having a principal interest in this proposal: Ryan Rethmeier President Michael Mizicko Vice President Ryan SnaciOum Vice President of Business Development John Hendrick Account Executive Gregory McLucas Project Manager , • 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. Western Pump, Inc Comparw:N 0 „ • • , Signature of Bidder Dennis Rethmeier Printed or Typed Signature C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this;, day of ?Y1€. , 202 : A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of 11,4,114rieki ) County of SO.An ,p 6. ) OnJ.I�+�e 1 i 202.. ►. before me, Crti" , :(rrq ` RbUC Month,Day, and Year Insert Name and Title of Notary personally appeared .V,l ` ; : ' ':t:L-e. "-eDe . .. Name(s) of Signer(s) Who proved to i te'aTV the si;"s of satisfietory.evidence:to:be,the persons whose name*islato subscribed to the within instrument and acknowledged to me that heJs ' :` xecuted the same in hisLhiritheiv-anthorize tty. ),:and that by.hislherltheic signature n the instrument the pqsati ©r°.the-etiti.ty 1ipori., eh".ate f*NO.tttevOictoks.)-act04;;oxtcptetiho ipOrkitnetit I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. s tEPr�c��E. E'CCnit ► WITNESS my hand and official seal. sotaryPubitrrCafifibiia 1,4 42egviaul4.4 • thy:tdnini.facpiie�, �926;�0�'t' Signature; . - .: J S A ignature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 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 ubseribed_:and :$worri tO (or<affi ned) before me on this . `341 proved.to ,me on the basis of satisfactory evidence to be the person who appeared before me. ary *Dtt o County >' tonit(iiiori 4 11327 M Comm.F.x*j'res Jan 2$,.2027, Seal Si natu ;, .14 -, a y Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of multi-pump fueling stations, canopies, and the replacement of underground storage tank (UST) systems with capacity of at least 5,000 gallons . 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. Love's Moses Lake,#827,4315 Prichard Road,Moses Lake,Wa,98837 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gregory McLucas,619-446-9040 $1,474,435.00-Fuel Systemlnstallation Truck&Auto, Date Completed:6/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar works. Perform the Fuel&electrical System Install work 2. Quick Trip-Corporation,#427,1995 N.Arizona Ave,Chandler,Az 85225 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gregory McLucas,619-446-9040 $437,648.00,Tank Installation&Re pipe,Date completed: 1/2022 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Sycuan Tribal Development Corporation,2 Kwaaypaay Court,El Cajon,Ca 92019 Name and Address of Public Agency Name and Telephone No. of Project Manager: Michael Mizicko,619-446-9010 $4,500,000.00,Fuel Station Ground up,Date Completed:9/2019„ Contract Amount Type of Work Date Completed Provide additional project description to show similar works:. C-10 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical`pc silk i$,please list at least three projects for which the.,critteat.staff has:performed similar work within the last five years. These projects:do not have t be,ut der the.,employment of the'bidder of this project. Bidders are:encouraged submit supplemental:reievant:prbject:history in,addition to the projects:'l stedherein.. 1. Gregory McLucas Name of proposed Project Manager Telephone No. of proposed Project Manager: 619-466-9040 Los Angeles Northeast Police Station Parking Structure-S647,353s0D Fuel Dispensing System&Car Wash 10/2021 Project Name &Contract Amount Type of Work Date Completed Sea World Parks&Entertainment-$386,324.00 Removal of Underground Storage Tank 05/2021 Project Name &Contract Amount Type of Work Date Completed Food For Less-$1,619,346.00 Ground Up Fuel Service Station 3/2023 Project Name &Contract Amount Type of Work Date Completed Daniel Miller 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: 619-446-9016 Los Angeles Northeasl Police Station Parking Structure-5647,353,00 Fuel Dispensing System & Car Wash 10/2021 Project Name &Contract Amount Type of Work Date Completed Sea World Parks&Entertainment-$386,324.00 Removal of Underground Storage Tank 05/2021 Project Name &Contract Amount Type of Work Date Completed Food For Less-$1,619,346.00 Ground Up Fuel Service Station 3/2023 Project Name &Contract Amount Type of Work Date Completed C-11 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=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Western Pump, Inc Contractor Ryan Rethm By Ryanr@westernpump.com Email President Date: 6.14.2023 Title PWC Registration #: 1000006997 C-12 THE AMERICAN INSTITUTE OF ARCHITECTS IT • AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we Western Pump, Inc. as Principal, hereinafter called the Principal, and Markel Insurance Company a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of total amount bid (10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Civic Center Underground Storage Tank(UST) Replacement Pa Invitation#CC-1651 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect Signed and sealed this June 12th,2023 Western Pump, Inc. (Princip 1) j (Witness) Peru-.is(te meal' (Titie1amneAr Markel Insurance Company (Surety) Seal) See attached Notary (Witness) Michael R. Strahan, Attorney-n3 Fact 't/e) ALA DOCUMENT A310•BID BOND•AK 3•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On TO € . l 'i 2023before me, Stephanie Susanne Correia, Notary Public (insert name and title of the officer) personally appeared 1J e_1V n1 S • e.4Vi m, 6 o who proved to me on the basis of satisfactory evidence to be the personce''whose name.(e)'is/tee subscribed to the within instrument and acknowledged to me that he cho4hcy executed the same in hisAacffthoit authorized capacity);and that by hisTef/thecirsignature(sj-on the instrument the persona or the entity upon behalf of which the persons)-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. °s rti STEPHANIE SUSANNE CORREIA NoWry Public•California WITNESS my hand and official seal. Z ; '=� San CommiDiego County ssion M 2432744 My Comm.Expires Jan 26,2027 Signature alkeideASeal) • k POA# 510050 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Michael R.Strahan,Allison Ocampo,E.B.Strahan 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 their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Thirty Million and 00/100 Dollars($30,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESdLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant 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 SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 26th day of January , 2023 . SureTec Insurance Company VFtAN�+ ���osV'f 0000Co,4 Mar • Insurance j 6 mpany u~i W#Jj SEAL ;a�Cr, , • ey. Michael C.Keimig,President ` —�" / ic '�i, �.� 'ndeyJe v, ice President State of Texas County of Harris: On this 26th day of January , 2023 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 OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies 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. .,,qf,,•., JULIE E. MCCLARY =_ ;=_ Notary Public State of Texas #12947680-5 By: Commission 1.... : J ie E.McClary,Notary Public OF` Commission Fires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby 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,we have hereunto set our hands,and affixed the Seals of said Companies,on the 12th day of June , 2023 u su Company Markel Insurance Company By: M.Br nt Beaty, istant Secretary And w Ma quis,As nt Se r tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.510050 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On June 12th, 2023 before me, E.B. Strahan, Notary Public (insert name and title of the officer) personally appeared Michael R. Strahan 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/hap/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 I. i•'_rr E.B.STRAhAN Notary Public-California Y = --A,F San Diego County Commission#2406282 Signature (Seal) My Comm.Expires Jun 25,2026 Western Pump, Inc 3235 F. Street San Diego, Ca 92102 OFFICIAL BID SECURITY-DO NOT OPEN PROJECT NAME: CIVIC CENTER UST REPLACEMENT CC#1651 BID OPENING DATE: JUNE14. 2023 AT 2:00PM