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HomeMy WebLinkAboutLiving Water Industries, Inc. - 2026-07-21 �SdTINGT 2000 Main Street, .. 0./,' 5 0�6 "'tea o Huntington Beach,CA C s 92648 City of Huntington Beach APPROVED 7-0 counfh File #: 26-727 MEETING DATE: 9/1/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Michael Aguas, Capital Project Administrator Subject: Reject All Bids for the Abandonment of Old Pirate Drive Private Water Well Project, CC-1624, and Direct Staff to Re-Bid the Project Statement of Issue: On May 14, 2026, the Public Works Department received two (2) bids for the Abandonment of Old Pirate Drive Private Water Well Project. The apparent low bid, submitted by Living Water Industries, LLC., was $34,750. The Notice Inviting Bids was not published in a newspaper as required by Section 503 of the City Charter. Staff recommends that City Council reject all bids and direct staff to re-bid the project in accordance with the City Charter. Financial Impact: There are no fiscal impacts related to the recommended action. Recommended Action: Reject all bids for the Abandonment of Old Pirate Drive Private Water Well Project, CC-1624, and re- bid the Project. Alternative Action(s): Do not accept the recommended action, and direct staff accordingly. Analysis: The Engineering and Utilities Division identified the need to permanently abandon the existing non- operational private water well located on Old Pirate Drive. The project includes removal of the well pump, pressure grouting the existing 6-inch well from its total depth of approximately 150 feet to within 5 feet of the ground surface, removal and capping of the upper portion of the well casing, removal of the approximately 2,000-gallon water tank and concrete support pad, removal of the electrical service pole serving the well, and proper disposal of all associated equipment and site improvements. This project is supported through a State Water Resources Control Board (SWRCB) City of Huntington Beach Page 1 of 2 Printed on 8/26/2026 powered by LegistarT' 471 File #: 26-727 MEETING DATE: 9/1/2026 Grant. In accordance with grant requirements and City purchasing policies, City Council authorization was necessary to award the construction contract. Bids were opened on May 14, 2026. The Notice Inviting Bids was posted through the City's electronic bidding system. However, it was not published in a newspaper as required by Section 503 of the City Charter. Staff recommends rejecting all bids and re-advertising the project. Staff will coordinate with the City Clerk's Office to ensure the Notice Inviting Bids is properly published prior to rebidding the project. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable -Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 8/26/2026 powered by LegistarTM 472 • i e \O\s 'II I N G i 04, .• � _ __ Reject Bid and ,,�, • „. Re -Advertise .,.. %/ r j /, _ , ., ______ __ �____ __=,..... Abandonment of Old Pirate Drive ' � %, )/,)_ Private Water Well , CC-1624 September 1 , 2026 C a. 17, 190`) , �:►•" 61° UN lUTN O*. 473 BAC KG ROU N • May 14, 2026, Public Works Department received two bid openings for the Abandonment of Old Pirate Drive Private Water Well Project • Living Water Industries, LLC. , submitted lowest responsive bid at $34,750.00 r � TI r << ,z, NN Gd ! �. OUNTY t'.44/00 474 RECOMMENDED ACTION • Reject all bids, re-advertise, and re-bid project a:1 ._, 146.7e:1:06`4797...;57,:kil'it, 7 \fi,Nkli�\ .6 •".B 7T,194.. �1� r�1 .. oUNT j c,'''' #' 475 EXPLANATION • Bids were opened on May 14, 2026 . However, the Notice Inviting Bids was not published in a daily, semi-weekly, or weekly newspaper published in the County or City as required by Section 503 of the City Charter. • Staff therefore recommends rejecting all bids and re- �` •.•\��pRfORgr��y� \ advertising the project. Staff will coordinate with the �,+ City Clerk's Office to properly publish the Notice 1,, _ + Inviting Bids prior to rebidding the project. � L;��0' �._0UNTN 0\0, 4, ' 476 ,�„., W/O Y 9"l'i £x� 3 a ' t ' •ti v ;%' : rah £ p 4 ‘,.. :4.-;.k . ., ,i,-,, ,,,,,,,4 ,,r °1'(FC' ct _ � ; 4 "- it y. ,, ' c t, ,' 5 ... t. iyt • ',.q � 1 d( i ,_ ( f... YtT = ,lr airTtiel n � � (1) C%i• O ■ u) a) NTINGto% CITY OF vikHUNTINGTON BEACH Lisa Lane Barnes I Elected City Clerk ;.... September 2, 2026 Living Water Industries, LLC 2475 Dunn Road Merced, CA 95340 RE:Abandonment of Old Pirate Drive Private Water Well Project — CC1624 Enclosed please find your original bid bond, payment and performance bonds for CC1624. Sincerely, Lisa Lane Barnes Elected City Clerk LLB/ds Enclosures: Bid Bond Payment Bond Performance Bond Office: (714) 536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov SECTION C PROPOSAL for the abandonment of OLD PIRATE DRIVE PRIVATE WATER WELL CC No. 1624 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 bid prices provided in the electronic bid form included in Planet Bids. The official bid schedule is provided electronically through the City's PlanetBids system. All bidders shall submit pricing exclusively using the PlanetBids bid form. The PlanetBids bid from is hereby incorporated by reference into these bid documents and shall control for the purposes of bid evaluation and award. Failure to fully complete the PlanetBids bid form shall render the bid non-responsive. The undersigned agrees to complete the work within 10 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 that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid,find lie/Pak.'S Romp in the amount of /0 '1 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. C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid 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 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 Sate of California that the foregoing is true and correct and that this declaration is executed on 57/O4 at J s.vr4 ff J'1t2 WAS , Date City Slate I-Roy RoomsD J , being first duly sworn, deposes and sass that he or she is t1/GE Rees/Dial- of 1.{A•.lelf.44 il, £ $.x.1"4 Mche terriaking the foregoing bid that the bid is not made in the interest of,or on tl'ie 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. eft DRrLc a.,:,.c. 144 Al R--Q11c:144j Name of Bidder Signature of Bidder = • /.x/24 fsQ+EJTDdE 8(.4. 4710m f£ ,412/4-‘5,- Address of Bidder 90 4'70 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 ABANDONMENT OF OLD PIRATE DRIVE PRIVATE WATER WELL, (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. g Dztw,,4( a.,S, / Q ne,u,a4 Contractor By • V t I7cffs , iJ i Title Date: 05/13/24P 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 iNo 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. 4'11. Th2 sat 44 a., x.ie. PAR.€144 Contractor - By rl�cf P/2 s��Nr • - - Title Date: 05/8/2,G C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: DIL I to-I,JG a. S•u WA- /t.( Q ?Eau.) Bidder Name F,lzrro'JE Rt.va Business Address J'1otr4 FE Vei'4<1 CM 904-7o City, State Zip ( 1 i4-) 94i 042'2' i(// Lott( a CO, Cow Telephone Number Email Address 711(-08S4. e- s7 State Contractor's License No. and Class 09/2. 6797 Original Date Issued D9�70 /27 Expiration/bate The work site was inspected by 107/ Gq„JJV„/ our office on D9/24/Zai The following are persons, firms, and corporations having a principal interest in this proposal: 7)84 it4 A 0,2,Gut ag / 14i✓,E AP13, Lro,J, Pis',G.E4'r- �,2e7 ,Qo.s,a fo.J i,ct= 4e51125.,ir 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. �?. e II. aR itu a- 1 't 2. . D,4 4 M 2 ORA nu,J 4 Company Name Signature of B' der = — Printed or Typed Signature - C-8 NOTARY CERTIFICATE Subscribed and sworn to before me this +3 day of , 202 C. 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 Cek%.AE.-00-44. + r ) County of x.O5 t., G c Les ) On r'•isY Zoe before me, Lo Sccvc{a Kr3-tLeei S\ott, Y P%) C_. Month, Day, and Year Insert Name and Title of Notary personally appeared -c 1-14(-,k s X03 to S o 1v Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s)Tare subscribed to the within instrument and acknowled ed to me that i /she/they executed the same in fir her/their authorized capacity(ies),and that byi /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. �.. tN1s STEVEN KESTIER !`? Notary Public•California Los An olo%County r Commbslon k 2S2a3i6 Comm.Eaplres 0ct 5,2029 I Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project. the bidder shall provide project history of similar work showing at least five(5) years of experience specifically referencing the construction and/or abandonment of domestic water wells whether public or private. 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. C ORC g644 r/a L y tow. J7,s'rP i c-r 7 SS/r iN Fr4:7 Name and Address of Public Agency pq tM prde r, qa} 922n Name and Telephone No. of Project Manager: 41/141 Alf ?47119Zr0.J (7t60)3 .-2t'r/ 1/17 /So OO /1 WPonl r/Co ,e0(cno.J tO&s t t leu Da//9/2 Contract Amount Type f Work Date Completed Provide additional project description to show similar work: 4fla.rDiAlmEir of el) 90 rr, 8" Di 141,47'R &E a. 4N0 otAcz W t Th1 N/2,0 Pr g"' b,4. 144762 2. . T4*IT E C 7 3S 4 c E 6iL DR. xa lTE 2 SDJ 4'4.1 RE,rei✓.0-0i.J O e.4 924.07 Name and Address of Public Agency Name and Telephone No. of Project Manager: T/M De A1OOD, (909)ZSS l`3Z, ;SS, oo gb4Noado,Ir to-net NEIL D17/4 A 6. Contract Amount Type of Work Date Completed Provide additional project description to show similar work: AISANDoolmerir of Li) 3c FTC iZ" a,r4. Am-redt pea. 3. -1/414 M9 IMP!2E- ltr,w7 ES Aa," 6o'c X",1g t Ave- I_ COMO/ CA- 9/707 Name and Address of Public Agency Name and Telephone No. of Project Manager: K S7/144 fMeNZ (909) 9'13- /40o $4S9o, 707.00 !,l f}'T t'fcc- ,'r„auA-naJ 04A3/i; Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 174 it krsO.J OF 7 q4 . 'es-1-0 , sow Fr, 4" DIA W£u-3 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. 7o ' 16.4i-cell Name of proposed Project Manager Telephone No. of proposed Project Manager: 6.7/4-) 444- 040 2-- CnerUIeeint L. *a.r '.4 i 4 rAora, X40, 84G ARa,Jazoini. rs os/o /i6, Project Name& Contract Amount Type of Work Date Completed roer,+ a ,f 4t 38s !r Eu ,,.s,4 u,trrv,js O4/ai/2-6 Project Name& Contract Amount Type of Work Date Completed ✓4Poa ?,Last •l,s us OS- UEIA- rig sw,(441DA3 04/0&/2,L Project Name& Contract Amount Type of Work Date Completed 2. ANGEL ibC 114 Name of proposed Superintendent Telephone No. of proposed Superintendent: 67 14) 44¢- 0 4102— RPV haraoucse , ,'o 10h/0 t/a 1/086 /07 Ufa /as24cc4T,o,J p O2 2-412,(p Project Name & Contract Amount Type of Work Date Completed "roita.44ce Ain r //23_ 499 I0W._ /p+Srl;I t4,710 og/L; 4- Project Name& Contract Amount Type of Work Date Completed L I,' ootdnee.J44 w€tt S90,707 & ' firs.AGc Army.)S 04/2-3/ ."- 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/P WCR/ActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Contractor • 27 By = — -Q ,i.i 0g,u-Co. cos'4. - Email Cf ?a s,D£•v T Title Date: OS//3/2 4 PWC Registration #: /000O1 /8?O C-12 *AIA Document A3 TM _ 10 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place LIVING WATER INDUSTRIES,LLC DBA LIVING WATER WELL DRILLING of business) 2475 Dunn Rd. The Ohio Casualty Insurance Company Merced, CA 95340 175 Berkeley Street This document has important legal Boston, MA 02116 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of Huntington Beach modification. 2000 Main Street Any singular reference to Huntington Beach, CA 92648 Contractor,Surety,Owner or BOND AMOUNT: Ten Percent of Amount Bid (10%) other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Abandonment of Old Pirate Drive Private Water Well - CC No 1624 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 5th day of May 2026 LIVING WATER INDUSTRIES,LLC DBA LIVING WATER WELL DRILLING (Pri 1) .. (Seal) (Witness) O1 Iks& (Title) �y�l ,wro4i, The Ohio Casualty Insurance Company tr �--� �� (Sure A (; 91 SS r• h�u75te kr O David McKee, Attorney-in-fact '1)/44 * fa 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. Init. AIA Document A310n"—2010.Copyright O 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. 061110 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 ARIZONA ) COUNTY OF MARICOPA ) On 5/5/26 , before me, Melanie Ankeney ,Notary Public, personally appeared David McKee 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 Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1)71.&e-et— Melanie Name: Ankeney Melanie Ankeney ��\ NotaryPublic-ARIZONA MARICOPA COUNTY .' Commission No.649464 •19iz My Commission Expires 07/12/2027 2253\02\3835818.4 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Cam,I._-C,C.,.,1 A } County of Ctt(TD } On An 12-12020 before me (A 7! A C>-ta (Here insert nine ane 1111•Si the oificeri personally appeared M I L IA/1> l I o c t.L jr 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. ANGELINA WITNESS my han d official seal. _ AlliffiL Notary Public-California Merced County •lily!. Commission#2492119 ,/, My Comm.Expires Jun 9,2028 Notary Public Signature ) (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long 1 D as the wording does not require the California notary to violate California notary v7 law. (The or description of attached document) • State and County information must be the State and County where the document signers)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which (Idle or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages \ Document Date commission followed by a comma and then your title(notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect fm-ms(i.e. ❑ Individual (s) he/she/they, is tare)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically top,• ucible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact + Additional information is not required but could help to ensure this �] Trustee(s) acknowledgment is not misused or attached to a different document Other 4' Indicate title or type of attached document,number of pages and date. ❑ + Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. I o, This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Vfilke Liberty♦ Liberty Mutual Insurance Company All' Mutual. The Ohio Casualty Insurance Company Certificate No:8202642-977158 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that. Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Melanie Ankeney,Jennifer Castillo,Joseph Clarken,Patrick R.Hedges,David McKee all of the city of Phoenix state of Arizona each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of November , 2019 . Liberty Mutual Insurance Company v tNStfp- jY INS a tNSU� The Ohio Casualty Insurance Company 4:T00044;46` 4.y""°off°"4r�y �GP°oa°°kt "ice West American Insurance Company ›:,. r Fo co Ar *. A0 m t `°o to CO 1912 0 O 1919 n i 1991 0 CO > s O s fy ! O rnr it •",) Oestrus da 2O yAw '." 0NDIAN� ,da .4r� �.. CN 9r) * h• 46'1 * �M * ►a By: !' c David M.Carey,Assistant Secretary N State of PENNSYLVANIA >, 27 County of MONTGOMERY ss as rn 0 wOn this 21st day of November , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o� Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes= N > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W NTo= IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 0 a C'V1 /p, P,qS O"c, o 03 N a- oNW 4. COMMONWEALTH OF PENNSYLVANIA Q t7 ti� !=y Notarial Seal /1-4-646 � w-o ai d OF Teresa Pastella,Montgomery Notary erbC ,L2- " itt-ili.) O (4O Upper MerionTwp.,Montgomery County By. `" 4I C N t�„ .. My Commission Expires Mardi 2e,2021 ?3 4gA3'1'`vpry _0''�' Member,Pennsylvania Association or Notaries Teresa Pastella,Notary Public ao co o ca c a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual w rn o.c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o Co a> ai ARTICLE IV-OFFICERS:Section 12.Power of Attorney. 8 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the m -o >, President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o m any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall 2 N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such c o° Z .5 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative Of attorney-in-fact under the E gii provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c O° ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. O Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe.I-.-- shall appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,_ bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company,When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 5th day of May ,2026 0.1NSue �ZY Ms', a tN51/14 o Z,14� 4.0 %1912 o L 1919 o 1991 o L/L+"TJvG.L+'*^'T� �,;,,s �`°D 'so Asa- 4 By: Acnus MAx1P5�a rd,, 4,0,A,4" A* Renee C.Uewellyn,Assistant Secretary �9i7 * }.e. .S'1 * 1 M * t" LMS-12873 LMIC OCIC WAIC Multi Co_062018 Bond No. 024294283 PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as"City") has awarded to Living Water Industries, LLC 2475 Dunn Rd. Merced, CA 95340 (Contractor's Name and Address) (hereafter referred to as"Principal"), a contract("Contract")for the work described as follows: Abandonment of Old Pirate Drive Private Water Well, CC1624 (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 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 The Ohio Casualty Insurance Company 175 Berkeley Street, Boston, MA 02116 (Surety's Name and Address) as Surety, are held and firmly bound unto City in the penal sum of Thirty Four Thousand Seven Hundred fifty and 00/100 Dollars ($ 34,750.00 ), 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. 15-4584/117357 Page 1 of 2 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: 7/10/2026 ATTEST Living Water Industries, LLC [Corporate Seal] / ,( C �( (Principal Name) By: G /I Name: /-,1 ,rGLte Title: Cr7c.€2/1,€ ATTEST"��2.��� LA/A y y ' 'u� � ' - The Ohio Casualty Insurance Company [Corporate Seal] ��'�� (Surety Name) By: Name: David McKee Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) 480-878-4226 (Attach Attorney-in-Fact Certificate) (Area Code&Telephone Number for Surety) APPROVED S TO FORM: / By: � • Michael J. Vigliotta, City Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 15-4584/117357 Page 2 of 2 PAYMENT BOND 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 MARICOPA ) On 7/10/2026 , before me, Tamara R Price ,Notary Public, personally appeared David McKee , 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. Name: Tamara R Price TOFFICiIAL.SEA1. (1 NOTARY A�A R PRICE ARIZONA k) MARCOM I#689924 TM 5t My Comm.Expires November 5.2029 1 ✓1.rllrl!!!!!!Il!llllrl!!!l1lJ� 2253\02\3835818.4 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 CAW I orz-N l� } County of M 'L P } On SLY l3, 2021--7 before me, DANE-NE VI L / No,4j(2Y PL/BGIG (Here insert name and title of the officer) personally appeared 1'1/ CI-1A F L / ORE LL 1L 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. v�or rti DANENE VILLA WITNESS my hand and official seal. Wes; Notary Public-California Merced County bg./W1- ;ft, Commissn 1/2 `����a•"� My Cmm.Expiresio J15m5)5131"2030, Notary Public Signature (Notary Public Seal) ♦ ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT f needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document e commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAI D BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. heishe/they;-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individu ivid u s) information may lead to rejection of document recording. O Corp to Officer • 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form. Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other • Indicate title or type of attached document,number of pages and date. ❑ • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2C:15 Ver;:;J .Pi:YNW.Nctar/l_i?s;-y.,C;:, 3I _STI_I 365 • Securely attach this document to the signed document with a staple. 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 Living Water Industries, LLC 2475 Dunn Rd., Merced, CA 95340 (Contractor's Name and Address) (hereafter referred to as "Principal")for performance of the work described as follows: Abandonment of Old Pirate Drive Private Water Well, CC1624 (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 The Ohio Casualty Insurance Company 175 Berkeley Street, Boston, MA 02116 (Surety's Name and Address) as Surety, are held and firmly bound unto City in the penal sum of Thirty Four Thousand Seven Hundred fifty and 00/100 Dollars ($ 34,750.00 ), 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") from any 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 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. 15-4584/117174 Page 1 of 2 Bond No. 024294283 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 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: 7/10/2026 ATTEST Living Water Industries, LLC [Corporate Seal] rub (Principal Name) By: Name: M< tc e( Title: c7C(/},‘.e/` ATTEST ` ' , �N-Z'� The Ohio Casualty Insurance Company [Corporate Seal] (Surety Name) By: Name. David McKee Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) 480-878-4226 (Attach Attorney-in-Fact Certificate) (Area Code&Telephone Number for Surety) APPROVED IS TO FORM; By: J' ( LA" Michael J.,Vigliotta, City Attorney NOTES: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. 15-4584/117174 Page 2 of 2 PERFORMANCE BOND 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 MARICOPA ) On 7/10/2026 , before me, Tamara R Price ,Notary Public, personally appeared David McKee , 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. Name: Tamara R Price OFFICIAL SEAL TAMARA R PRICE NOTARY PULIC-ARIZONA •�� MARICOPBACOUNTY COMMA 689924 My Comm.Expires November 5,2029 2253\02\3835818.4 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 CA L L FO RN I A County of GF-p } On i 3, 2°2(O before me, PAN c-'I V't�A J N OT-Al2Y Pui 1 f C (Here insert name and title of the officer) personally appeared t4 f CH A EL TARE 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. 0ANENEVILLA WITNESS my hand and official seal. :•�+i> .- NotaryPublic-California Merced County / �� `�,� • „ G� �`' !° ir s Jun 11, ` 555307 'r�r°•"� My Comm.Expires Jun 1 t,2030 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document contin d) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Docume ate commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIM BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,—is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual ( information may lead to rejection of document recording. ❑ Corporat Ricer • 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 itle) sufficient area permits,otherwise complete a different acknowledgment form. L7 Pa er(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ orney-in-Fact . Additional information is not required but could help to ensure this p rustee(s) acknowledgment is not misused or attached to a different document. Other • Indicate title or type of attached document,number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2,2 5`..,,s:jn srrrw. ;:tar;'CI _se 37-:-.372-9865 • Securely attach this document to the signed document with a staple. NY' This Power of Attorney limits the acts of those named herein,and they have no authority to %� bind the Company except in the manner and to the extent herein stated. AN.♦♦cz1f Liberty Liberty Mutual Insurance Company /o*` Mutual. The Ohio Casualty Insurance Company Certificate No:8202642-977158 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Melanie Ankeney,Jennifer Castillo,Joseph Clarken,Patrick R.Hedges,David McKee all of the city of Phoenix state of Arizona each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of November , 2019 . Liberty Mutual Insurance Company Pv INSU� P,SY INS&,. a%Ns vii, The Ohio Casualty Insurance Company AJ OtP°�T 0 gJ ,,0% fir`9y �cr,,o1"ki) 46 West American Insurance Company > 3 t 10 r 4. c+t fY -I F° F t6 1912 0 0 1919 11 1991 0 a r 7 k i sA� r" ° Q /�//N/tGJy� In ui dp14'04cHus da 0 'wNAMPsa b" y: 'N°IANI" L4/2 ' :%'% N a) 6h * I,a *k.i * *ad s''M * ),ad By: • c — David M.Carey,Assistant Secretary N State of PENNSYLVANIA > 3 County of MONTGOMERY ss co c 2 ca) c o a> On this 21st day of November , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes =I- al > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c`°.)w ID D IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. Q c P PAS oM CO N Q�ot ONty�T, COMMONWEALTH OF PENNSYLVANIA LQ4) Q.:c. O ° (� Notarial Sea /zAJ4 C~ o OF = y Teresa Pastella,Notary Public ` c p Upper Merlon Twp.,Montgomery County By: N C £2 �8P My Commission Expires March 28,2021 nsv>vP `� sa Pastella,Notary Public o m cn u) q PO Member,Pennsylvania Association of Notaries a O N t1) ur O c m This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aoi E ai ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o% Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >ov m c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall s N > N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such °° Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under thew co co provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 0 ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, - shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 10th day of July , 2026 . Pv 1NS&� Pv,SY INS& a %NSW? ti ;;; of _ ` _0 l 1c). W o a 1991 0 y0 NAMPsao-1� �( yNDIANP' a� By:'y1 * 1-* s'N * �aa Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 G oef H wolf ;1,1O secich ktbhc works (4fice 2000 M4:11 Sfirei-l- tf"t.nyipn Beach, CA °I 2 6 Lt$ ORc'.oI 5 , c1 Secti,e4 +, - Da IJo+ 0pen rfojeci- McAn)er — 144 ;C hae Avot5 f'coJe JC4vne . fA, bolNdunwicn -I- ovf old p ; rake O 'I ve. Peitmte WA+er well '1 CC # : 162- 4 lY. 1 Gf2nev1, flake MAy ILt /ZO7G a-F IO : ooqb WrA4-et vidletstires iLt75 dv►„N Vterc , CA 15340 M4Y iZ i:L•.JI �5w P .iyr.w. LIVINU wsi tK WELL DRILLING&PUMPS 2475DUNNRD. MERCED,CA 95340 ecVNTINGTO CITY OF piop'em" •ti�F $" `9C'Z HUNTINGTON BEACH c .UNTV C F \�1I�� Lisa Lane Barnes I Elected City Clerk .;i September 2, 2026 J. & H. Co., Inc. dba M R Drilling 13124 Firestone Blvd. Santa Fe Springs, CA 90670 RE: Abandonment of Old Pirate Drive Private Water Well Project— CC1624 Enclosed please find your original bid bond for CC1624. Sincerely, / Lisa Lane Barnes Elected City Clerk LLB/ds Enclosure: Bid Bond Office: (714) 536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov Bid Bond Bid Bond Number:CSBA-35011 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place of business) J.&II.Drilling Co.,Inc.DBA M R Drilling Everest Reinsurance Company 13124 Firestone Blvd. P.O.Box 70 Santa Fe Springs,CA 90670 . Orange,CA 92856 OWNER: This document has important legal consequences. (Name,legal status and address) Consultation with City of Huntington Beach An attorney is encouraged with respect 2000 Main Street to its completion or modification. I luntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(10%)of the Amount Bid PROJECT:Abandonment of Old Pirate Drive Private Water Well,CC No. 1624 Project Number,if any: The Contractor and Surety arc 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 here from 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 scaled this 12th day of May,2026 J.&H.Drilling Co..Inc.DBA M R Drilling (Principal) (Seal) (vC (Title) Everest Reinsurance Company \ \ ^cns2DracL ��7 (Suety) (Seal) (Witness) Melissa Ann Vaccaro �/`4 (Title)Frank Morones,Attorney-in-Fact By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers(NASBP)(www.nasbp.org)makes this form document available to its members,affiliates,and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that ASAP the original text of this document conforms exactly to the text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. YrrU-, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 05/12/2026 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Frank Morones , 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. MELISSA ANN VACCARO WITNESS my hand and official seal. ' COMM.#2401942 M N,", 4 0 Notary Public-California LL :-5-- ORANGE COUNTYu. CI"\ i . My Comm.Expires May 12,2026K 4j1ASignature �C-cv�D (Seal) Melissa Ann Vaccaro • CALIFORNIA ALL - PURPOSE CERTIFICATE OF 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 LOS ANGELES } On Vl -1 ►3 before me, LUIS STEVEN KESTLER , NOTARY PUBLIC , (Here insert name and title of the officer) personally appeared 2.O 7 TA t-,1 0 z Sa who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fare subscribed to the within instrument and acknowledged to me that I'S,�e she/they executed the same in 'her/their authorized capacity(ies), and that by 'Iher/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. LUIS STEVEN KESTLER , ., Notary Public•California WITNESS my hand and official seal. _ _ Los Angeles County ,cee Commission W 2534386 ---- - My Comm.Expires Oct 5,2029 Notary Pu Ic 5' (Notary Public Seal) ADDITIONAL INSTRUCTIONS FOR COMPLETING THIS FORM OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgements from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) ° State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. o Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. o The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER ° Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer ° 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 (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) ▪ Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). o Securely attach this document to the signed document with a staple. 1(800)599-2923 I 1(310)242-7775 hp„,A. eve rest Bond No.CSBA-35011 POWER OF ATTORNEY EVEREST REINSURANCE COMPANY and EVEREST NATIONAL INSURANCE COMPANY KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company and Everest National Insurance Company, corporations of the State of Delaware ("Company')having their principal offices located at Warren Corporate Center,100 Everest Way,Warren,New Jersey.07059,do hereby nominate,constitute,and appoint: Arturo Ayala,Daniel Huckabay,Adrian Langrell,Chelsea Liberatore,Frank Morones,R.Nappi,Shaunna Rozelle Ostrom,Ben Stong, Michael D.Stong,Benjamin Wolfe,Dwight Reilly,Magdalena R.Wolfe,Robert D.Wood its true and lawful Attorney(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf,as surety,and as its act and deed,where required,any and all bonds and undertakings in the nature thereof,for the penal sum of no one of which is in any event to exceed UNLIMITED,reserving for itself the full power of substitution and revocation. Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company("Board")on April 21,2016: RESOLVED,that the President,any Executive Vice President.and any Senior Vice President are hereby appointed by the Board as authorized to make,execute, seal and deliver for and on behalf of the Company.any and all bonds,undertakings, contracts or obligations in surety or co-surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds.undertakings,contracts or obligations in surety or co-surety and attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the President, any Executive Vice President, and any Senior Vice President are hereby authorized to execute powers of attomey qualifying the attorney named in the given power of attorney to execute,on behalf of the Company,bonds and undertakings in surety or co-surety with others,and that the Secretary or any Assistant Secretary of the Company be,and that each of them is hereby authorized to attest the execution of any such power of attorney,and to attach thereto the corporate seal of the Company. RESOLVED,FURTHER,that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking,contract or obligation in surety or co-surety with others to which it is attached. IN WITNESS WHEREOF,Everest Reinsurance Company and Everest National Insurance Company have caused their corporate seals to be affixed hereto,and these presents to be signed by their duly authorized officers this 9t"day of September 2025. „5t3T8rlr IRSb,.�b Everest Reinsurance Company and Everest National Insurance Company 1 it3 z' I SEAL SEAL 1985 t� By:Anthony Romano,Senior Vice President On this 9t°day of September 2025,before me personally came Anthony Romano,known to me,who,being duly sworn,did execute the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto;and that he executed said instrument by like order. LINDA ROBINS -� Notary Public,State of New York `:+- No 01R06239736 Qualified in Queens County } 7 Term Expires April 25,2027 Linda Robins,Notary Public I,Sylvia Semerdjian,Assistant Secretary of Everest Reinsurance Company and Everest National Insurance Company do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporation as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATION,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 WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,this 12th day of May 2026 `Osuraoce 4STUfa093' 141 ( SEAL i c SEAL , 1973 . J 14 3 , ,4uwAlf�i Vj'� tr . tAWr 4,, t-, By:Sylvia Semerdjian,Assistant Secretary ES 00 01 04 16 J J to -74 ct 3 I. o o o o h `) o Q CJ J ci Q o h ¢ \ 1. I klA 't O o L w O C IN a� c N o p W .r N 4 ° -,s.e_ --- ") I gr 1n 4,1 Z A EL iLi lL , w \ 1, M 5y1aGT 2000 Main Street, O0 Huntington Beach,CA 4.7 92648 City of Huntington Beach oQ= ITEM REMOVED FROM ?c,count V O• ' CONSIDERATION File #: 26-585 MEETING DATE: 7/21/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Michael Aguas, Capital Projects Administrator Subject: Accept Lowest Responsive and Responsible Bid and Award Construction Contract to Living Water Industries, LLC., in the amount of$34,750.00 for the Abandonment of Old Pirate Drive Private Water Well Project, CC-1624 Statement of Issue: On May 14, 2026, the City opened electronic bids via PlanetBids for the Abandonment of Old Pirate Drive Private Water Well Project. City Council action is requested to award the construction contract in the amount of$34,750.00 to Living Water Industries, LLC., the lowest responsive and responsible bidder. Financial Impact: The total estimated project cost, including 20% contingency and supplemental cost, is $51,700.00. Item Amount Bid submitted by Living Water Industries LLC $34,750.00 20% Contingency $6,950.00 Supplemental (Specialty Inspections) $10,000.00 Total Project Cost: $51,700.00 Staff recommends awarding the construction contract to Living Water Industries, LLC. in the amount of$34,750.00. Funding for this project is available in the Water Enterprise Fund, Account No. 50691049.82100, and the State Water Resources Control Board (SWRCB) Fund, Account No. 130291001.82100. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Living Water Industries LLC in the amount of$34,750.00; and, City of Huntington Beach Page 1 of 3 Printed on 7/15/2026 powered by LegistarT" 403 File #: 26-585 MEETING DATE: 7/21/2026 B) Authorize the Director of Public Works to approve construction change orders within the approved contingency amount of twenty percent (20%) of the contract amount; and, C) Authorize the Mayor and City Clerk to execute the construction contract in a form approved by the City Attorney. Alternative Action(s): Do not award the contract, reject all bids, and provide an alternative direction to staff. Analysis: The Engineering and Utilities Division identified the need to permanently abandon the existing non- operational private water well located on Old Pirate Drive. The project includes removal of the well pump, pressure grouting the existing 6-inch well from its total depth of approximately 150 feet to within 5 feet of the ground surface, removal and capping of the upper portion of the well casing, removal of the approximately 2,000-gallon water tank and concrete support pad, removal of the electrical service pole serving the well, and proper disposal of all associated equipment and site improvements. This project is supported through a State Water Resources Control Board (SWRCB) grant. In accordance with grant requirements and City purchasing policies, City Council authorization is necessary to award the construction contract. On May 14, 2026, bids were opened with the following results: Bidder's Name Bid Amount Living Water Industries, LLC. $34,750.00 MR Drilling $38,000.00 Staff reviewed the bid submitted by Living Water Industries, LLC. and determined it to be the lowest responsive and responsible bid. The total estimated project cost is $51,700.00, which includes the construction contract, 20% contingency, and supplemental costs for construction support services. Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the project consists of the abandonment and removal of an existing non- operational private water well and associated improvements, involving negligible or no expansion of the existing use. Strategic Plan Goal: Non-Applicable For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. RCA Contract Agreement Summary City of Huntington Beach Page 2 of 3 Printed on 7/15/2026 powered by Leg istarT" 404 File #: 26-585 MEETING DATE: 7/21/2026 2. Construction Contract 3. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 7/15/2026 powered by LegistarTM 405 � CITY OF HUNTINGTON BEACH �d�o ��NPNi .$�? F RCA Contract Agreement Summary --COUNTY Osojo/�1 GENERAL INFORMATION DATE PRESENTED REQUESTING DEPARTMENT 07/21/2026 Public Works INSURANCE STATUS STAFF CONTACT[S) Pending review with RM/CAO Michael Aguas, Capital Projects Administrator CONTRACT INFORMATION TOTAL COMPENSATION TERM OF CONTRACT/AGREEMENT $34,750.00 Construction Contract VENDOR NAME+TYPE OF SERVICE Living Water Industries, LLC. - CC1624 Abandonment of Old Pirate Drive Private Water Well TYPE OF AGREEMENT(Professional Services,Service Agreement) Construction Contract PROCUREMENT On 5/14/2026, bids were received for the Abandonment of Old Pirate Drive Private Water Well project via Planet Bids. Lowest responsive & responsible Bid was submitted by Living Water Industries, LLC. SCOPE OF WORK The project consists of removing pump, pressure grouting the existing / abandoned 6" private water well from the bottom of total depth of 150' to 5' from surface, remove and cap top 5', removing the approximate 2,000 gallon water tank and concrete support pad(s), and removing the power drop pole. OTHER:Bonds,Special Contract Terms,Emergency Certification of Insurance is in review with Risk Management and the City Attorney's Office. Bonds are pending the award of the construction contract by City Council. T7 CITY CF HUNTINGTON BEACH 406 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND LIVING WATER INDUSTRIES, LLC FOR ABANDONMENT OF OLD PIRATE DRIVE WATER WELL, CC1624 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 LIVING WATER INDUSTRIES, LLC. ,a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ABANDONMENT OF OLD PIRATE DRIVE PRIVATE WATER WELL, CC1624 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 agrce as follows: 1. STATEMENT OF WORACCEPTANCE 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 tho PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms,conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News, Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal,6f 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 Thirty Four Thousand Seven Hundred Fifty and 100/100 Dollars ( $34,750.00 ), 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 TEN ( 10 ) Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx—revised 04/2016 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the'option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand and 00/100 ( $1,000)p0 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/o estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or,,that may become due to CONTRACTOR hereunder. CONTRACT/R will be granted an extension of time and will not be assessed damages for any portio of the delay in the completion of the work due to unforeseeable causes beyond the control d without the fault or negligence of CONTRACTOR, including, but not limited to, acts g 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 / 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 i delayed,but no allowance or extension shall be made uplfess 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 FO/ADDITIONAL TIME OR MONEY. A. Defi itions. (1) "Cange Order" means a document signed by the CONTRACTOR and CITY which authorizes /addition, deletion or revision in the work, or an adjustment in the / Compensation wider Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONT CTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx—revised 04/2016 i (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 tjxe same has been set forth by resolution on file in the office of the City Clerk of CITY. ONTRACTOR and any subcontractor under it shall pay not less than said pr ailing 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 calenciir day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx—revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1) calendar day or forty (40)hours in any one(1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AN MPLOYER'S LIABILITY INSURANCE Pursuant to California Labor ode Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of th' Code, which requires every employer to be insured against liability for workers' compen ation; CONTRACTOR covenants that it will comply with such provisions prior to commen g performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insur ce in an amount of not less than the State statutory limits. CONT CTOR shall require all subcontractors to provide such workers' compensation an 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 i the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require/all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the"Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount speci/ed herein shall be available to the Additionally Insured Parties. All coverage available tq�C/ONTRACTOR shall also be available to the Additionally Insured Parties. Under no circums'ances 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 t es 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 Living Water Industries,LLC. ATTN: Michael Aguas ,Public Works ATTN: Tanner Torell 2000 Main Street 2475 Dunn Rd. Merced, CA 95340 Huntington Beach, CA 92648 35. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret,define, limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to;4ts 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 i � 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 o or more copies hereto have been prepared and signed in counterparts as duplicate originals, ach of which so executed shall, irrespective of / the date of its execution and delivery, be detmed an original. Each duplicate original shall be deemed an original instrument as against ny party who has signed it. ,/ 42. CONSENT Where CITY's onsent/approval is required under this Agreement, its , consent/approval for one trap action or event shall not be deemed to be consent/approval to any / subsequent occurrence o/fithe same or any other transaction or event. 43. SURVI'VAL Teems and conditions of this Agreement, which by their sense and context survive / the expiration r termination of this Agreement shall so survive. 44 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless / in Nkriting 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 7-76' ,20 241 CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: CI /�CLo�li( -/;re// - Mayor (print name) ITS: Chairman President/ ice-President City Clerk (circle one) INITIATED AND APPROVED: AND By: Director of Public Works (prijiLnamQ REVIEWED AND APPROVED: ITS:(Seuetag., Chief Financial Officer / Asst. Secretary TTreasurer (circle one) City Manager APPROVED AS TO FORM: et. City Attorney 25 6-5195/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 7--/e , 20 2A CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: /ii/ t •� 1;(5/W/ Mayor (print name) i ITS: Chairman Presiders /Vice-President City Clerk (circle one / 1 INITIATED AND APPROVED: AND i By: ZDirector of Public Works -42;4,1% { `OPA/1 (print name) REVIEWED AND APPROVED: ITS: <17e--- / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager APPROVED AS TO FORM: 1 et. City Attorney 25 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 , 20 CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California By: Mayor (print name) ITS: Chairman/President/Vice-President / City Clerk (circle one) I TIATED A OVED: AND By: Director of Public Works (print name) REVIEWED AND APPROVED: ITS: Secretary / Chief Financial Office,' / Asst. Secretary/Treasurer (circle one) City Manager APPROVED AS TO FORM: ft. City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 26 1O195/City Funded Construction Contract.docx—revised 04/2016 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Michael Torell H PROJECT: Huntinton Beach Abandonment (Contractor Name) Of Old Pirate Drive Water Well CC1624 2475 Dunn Rd. (Street Address) Merced, CA 95340 (City, State, Zip Code) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City") 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 and correct. Signed on June 30 , 20 26 , at Merced, CA (Date) (Signature o Individual Who is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Complete Operations 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 the Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming the City as an additional insured. Contractor shall supply to the 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 June 30 , 20 26 , at Merced, CA (Date) (City, State) CONTRACTOR: Name: Living Water Industries LLC. By: Name: Michae orellII Title: Owner !G-to,, City of Huntington Beach City Treasurer P.O. Box 190 (714)536-5267 FAX(714)536-5934 Huntington Beach, CA 92648-2702 rz Jason Schmitt City Treasurer LIVING WATER WELL DRILLING 2475 DUNN RD MERCED, CA 95340 Dear Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License certificate. Please note that approximately one month prior to the license expiration date,you will be mailed a renewal notice for the upcoming year. If for any reason your renewal notice does not arrive,you are still responsible for renewing and paying your business license prior to the expiration date. Penalties will be incurred if the payment is not received by the expiration date. Please post the business license in public view. If you do not transact business from a fixed location within the City,you must carry this license with you at all times. If a vehicle license plate number is displayed on the Business License certificate below,you must carry a copy of the certificate in that vehicle. Please contact the Business License office if there are any changes to:ownership, address, business name,business vehicle,or type of business conducted.Additionally,please notify our office if you discontinue your business. The Gender Tax Repeal Act of 1995(Act)prohibits a business from discriminating based on a person's gender for prices of similar or like-kind goods and services. However,the Act does not prohibit price differences based on the amount of time,difficulty,or cost of providing the services. In addition to prohibiting discrimination based on a person's gender,the Act requires certain businesses to clearly and conspicuously disclose to customers in writing the pricing for each standard service provided.The posting requirement applies to barbers and hair salons,tailors or businesses providing aftermarket clothing alterations,dry cleaners,and laundries providing services to individuals.To access the Department of Consumer Affairs publication,please use the following webpage: https://www.barbercosmo.ca.gov/consumers/gender_policy.pdf. To access the publication in Korean,Spanish,Vietnamese, Traditional Chinese, Simplified Chinese,or Tagalog,please use the following webpage: https://www.dca.ca.gov/publications/index.shtrinl There are many resources available to our business owners. Listed below are a few that might be of interest and assistance to you. Office of Business Development -(714)536-5582 Service Corps of Retired Executives-(714)550-7369 Huntington Beach Chamber of Commerce-(714)536-8888 Fictitious Business Name Information-(714)834-2889 CA Department of Tax and Fee Administration-(949)440-3473 Community Development-(714)536-5271 If you have any questions, please call a Business License representative at(714)536-5267. City of Huntington Beach City Treasurer License Number Business Name/Service Address POST IN PUBLIC VIEW A325083 LIVING WATER WELL DRILLING Effective Date of uo;�o�;� ��� 06/01/2026 Owner/Corporation F LIVING WATER INDUSTRIES LLC L.- Expiration Date 05/31/2027 License Type oe ' � Amount Paid CONTRACTOR T`i $138.36 THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS DUE ON OR BEFORE THE EXPIRATION DATE. 0111N G i 0 0 C •.•\ ; t PO RA 7ea•.�. t _ _ _ Abandonment of Old .._ ... , . .,..' ������������,.„ztlf/�'�� •t�� Pirate Drive Private as ..b _,-_ _ c ,, s , — _ - � — — cam.-���— � Water Well Project - /� �.w+�-- •J^ ice/'____ G-'Y�j ��.:�, .. ,21.'N . ,,,,•__.. __ _-� 44110,44. OO1624 r �. lam �" ______�—,.--. . • , _ , , • </cs ' 7),, c- . 17, 1Mi '- ' ... C°UNTN C'\\\° July 21 , Council Meeting City g 434 Background The Engineering and Utilities Division identified the need to permanently abandon the existing non-operational private water well located on Old Pirate Drive. The project includes removal of the well pump, pressure grouting the existing 6-inch well from its total depth of approximately 150 feet to within 5 feet of the ground surface, removal and capping of the upper portion of the well casing, removal of the approximately 2,000-gallon water tank and concrete support pad, removal of the electrical service pole serving the ���,� _ well, and proper disposal of all associated equipment and site < �,�c�TINGin/+�'�t� improvements. +or � .+•\,�ORPOAq EDP" tT ti 1 '`'' \c ` ;Sib rF fi, e8 �� �© ++ 41+ -►i 435 Projects Abandonment of Old Pirate Drive Private Water Well CC1624 E m ' ? Removal / pulling pump i , � � : • � � Cap well 5 feet from surface „ r :} Remove 2 ,000-gallon tank ; '>s ., , • Dispose of all existing � t .. - - � . • equipment ��.. � ...- yam„___ �' rr,,, Y� .` �� > ,. 6 Removepower drop 1 :� .t t - .� °'' �,�'ANT i ry r t 1�:ty •- � , '1*444,oUNTY c ,l 436 Projects Abandonment of Old Pirate Drive Private Water Well CC1624 a • Site Restoration � ' ��� �,r New Landscaping ▪ Installed new City Water Mainline • Incr..r. i , 'i eased long-time Water Utility...._:...p.. „.....t,,' ,fz..`, T- ,‘,.„. i .,‘ service life �� • Potential community safety .,,t,,,,4 ,...,,,v. ' 4 hazard eliminated ,��UTINcr//'^//�-;,, ,�� s ► c q „ 1 .,, rr t „{ N,:„:„6„,,,, .v \ 0UNT`( �PL1/ 1t 437 Fundingand S Current Funding: • No additional funding required Schedule: • Design Phase Completed ® Construction/Engineering - To Begin Late Summer ��,,�.,____` FY 26/27 ,�C ,���... 0ti '`� O`+�\\\a�pR_ A a\ e?Iii,i\ - 1 1 �/ ' F \`,•.e6,..:.7.140.• �O ,0 <.�oUNPi 0\''',"#` 438 ,:.,,„„ „ , ,,a a tE E ro - - • - t *+z �r ,, t 5 Questions ? ,,,,, , & _..., ,...„,.. ,,,, , i 1+ 1 ,, li a }} _ —..-.,..--..--.,-.4,1,,,-37-I••••,,, _ <,.% ..-• r fie, 'p ` �2 3"E `~ �'�.�r 1'i. 'mod.•p!iiittliglEAliiiiiia fi --, r .. ,: 439