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07-0320_PACIFIC HYDROTECH CORPORATION_ContractCONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 20th day of March, 2007, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and PACIFIC HYDROTECH CORPORATION, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by 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, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. 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 discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-1 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: COOKS RESERVOIR REPLACEMENT PROJECT CIP#769 as delineated in the Plans and Specifications prepared by RBF Consulting, Inc., dated January, 2007. Work to include: The Work includes the demolition of an existing 0.3 million gallon (MG) reservoir and pump station, construction of a new 1.17 MG cast -in-place concrete reservoir, installation of an altitude and check valve vault, installation of ancillary piping and valves, grading and stockpiling of graded material, paving, electrical site work, and miscellaneous site improvements. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-2 COOK RESERVOIR RPLACEMENT Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within two hundred and eighty (280) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. 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 or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-3 casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensioris of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C - 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-4 Section 9. Chances in Project. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City -furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change there from is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price based on the best estimate available at the time, with the firm price and time impact to be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-6 Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of One Thousand Dollars ($1,000) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Three Million Seven Eighty Thousand Two hundred and Fifty Dollars and no cents ($3,080,250.00) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-7 payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage until the final progress payment. The City reserves the right to reinstate up to ten percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-8 Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer, or material supplier. Section 14. Contractor's Employees' Compensation. A. Davis -Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis -Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis -Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations 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 Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT 8-9 prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-10 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg.) of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records 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, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-11 the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-12 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A -Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $5,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per -occurrence $5,000,000 aggregate, separate basis for this project. Automobile liability, including $5,000,000 per occurrence non -owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-13 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-14 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-15 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disputes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, at seg., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-16 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Pacific Hydrotech Corporation 314 E. 3`3 Street Perris, CA 92570 Attn: J. Kirk Hams, P.E. President CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. D -1 • I rmm4ezel PACIFIC UVQROTECH CORPORATION By: irk s President APPR17 AST FORM: By: Jkhn R. haw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-18 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Pacific Hydrotech Corporation And Safeco Insurance Company of America are held firmly bound unto the City of San Juan Capistrano, a legal ant County of Orange, California, hereinafter called the "Owner," in the sum i Bond #6468209 Premium: $30,626.00 Premium is for contract term and is subject to adjustment based on final contract price. as Contractor, as Surety, organized and existing in the Three Million Eighty Thousand Two Hundred Fifty NO/100 ($3,080.250.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: COOK'S RESERVOIR REPLACEMENT PROJECT CIP NO. 769 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 29 day of March —,20 07 Contractor Pacific Hydrotech Corporation By ut �5 Title �6l �S to (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) City of San Juan Capistrano PERFORMANCE BOND Cook's Reservoir Replacement Project AGREEMENT AND BONDS - Page - 1 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part IE, -Agreement and Bonds.doc CALIFORNIA ALL•PURPOSB AOKNOWLBDAMBNT State of California as. County of SAN DIEGO LIAR S 9 2007 On before me, �� RODRIGDBZ, NOTARY PUBLIC .ow Now 21MIM of offiW464. Vans oft NROVI'Aff— personally appeared PENNY E. K�,LEY 1 a MPIMq * personally (mown to me O proved to me on the basis of satisfactory evidence to be the person(IQ whose nameg) I&XVa subscribed to the within Instrument and acknowledged to me that&shaM executed the same In 1XAerXW authorized capacitypes), and that by JIM/herAIXXX signatureb) on the Instrument the person(jo, or the entity upon behalf of which the person(lo acted, executed the Instrument. W ES y ha d otQclal seal. t OPTIONAL Though the information below is not mquhad bylaw, It mayprom valuable to parsons te6*W on.tbe document and could pent haudulerd r wr cal and reartafimerd of this brm to aradrerdocument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signers Name: 0 Individual >av a h mb ❑ Corporate Officer—Tifie(s): ❑ Partner —0Umlted 0General • Attorney -In -Fact O Trustee O Guardian or Conservator ❑ Other. Signer Is Representing: O Oa6a Nabnd NobryAno* , $M D, 8M A"., P.O, 8oX 91 , 0N,bvmah, o"tataala • aae.n,ft*,hry..M Pmd. Na. &W7 N,ord,r: Ca Tog -FM I W-0 &W7 Safeco Insurance Company of America POWER Insurance Company of America Safeco P Safeco Plaza OF ATTORNEY Seattle, WA 98185 No. 4273 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ""••"•"•1 T. WARNOCK; CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; JAMES BALDASSARE, JR.; PENNY E. KELLEY; AMERICA SAN MARTIN; San Diego, California'""'••••,«««»,"«..«»»».,«„«.«.»«»«.«+„«...«+««««».»»»«+,«........ its true and lawful altorney(s)-in-tact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of January 1 2007 STEPHANIE DALEY-�Wy/ATSON,SECRETARY TIM MIKOLAJEWSKL SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.” Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (l) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof" I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this SEAL S-0974/DS 4105 MAR 2 9 200? day of w SEAL 1e2�- STEPHANIE OALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Co poratlon. WEB PDF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, Bond #6468209 Premium is included in Performance Bond That Safeco Insurance Company of America as Surety, are held firmly bound unto the City of San Juan Capistrano, a legal entity, organized and existing In the County of Orange, State of California, hereinafter called the "Owner," in the sum of: Three Million Eighty Thousand Two Hundred Fifty NO/100 ($3,080,250.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform the Work as specified or indicated in the Contract Documents entitled: COOK'S RESERVOIR REPLACEMENT PROJECT CIP NO. 769 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not In any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 29 day of March 2007 Contractor Pacific Hydrotech Corporation Sure By By Title Title (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) City of San Juan Capistrano PAYMENT BOND Cook's Reservoir Replacement Project AGREEMENT AND BONDS - Page - 1 H:\pdata\10104156\Admin\specs\Front End\FrontEnd Word\Part IE_Agreement and Bonds.doc CALIFORNIA ALL•PURP08E ACKNOWLEDGMENT State of California as. County of SAN DIEGO on MAR 2 9 2007 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC ad.WW WWM d CMW= We Dad, Way Marl personally appeared PENNY E. KELLEY )d AUDREY RODRpUE2 (3 NOTARY COMM.M1 cAUe31Po NIA SAM DNeOO CO�UNgTY LOWE ISO, 19 0— 16, 2bpg� O personally known to me ❑ proved to me on the basis of satlsfactory evidence to be the person(Do whose named) IsM subscribed to the within Instrument and admowledged to me that ffj/sheID3Njt executed the same In lWherAffirr authorized capacity(les), and that by IMMerAUM slgnaturek) on the Instrument the person(;$, or the entity upon behalf of which the personM acted, executed the instrument. /1[ / .l. ! J/ A jJA l; OPTIONAL Though dm inromatlon below ism( reclulmd bylaw, It mayp`ove valuable to persons relyktg on.the document and Could prevent fraudulent rerravm and reattachment orth/s roan to amther document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: 11001101114MM Hall O Individual 1bp of honb nate ❑ Corporate Officer —Tltle(s): ❑ Panner — 13 Litnfted O General ❑ Attomeydn•Fact O Trustee O Guardian or Conservator ❑ Other. Signer Is Representing: O 1N2"WWW Nda7 Mwdaen • 03" Of Bob Aw.. P.O. Bw 2/02 • Ch,aee,e,, CAe101&8102 • we ,M&n hW,rywp P,oe. Na. a RwW,r CM TblWm 7200eMW7 its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued In the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day or January 2007 STEPHANIE DALEY--WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate fitles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerof-affomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and cc rrect, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this LIAR 2 9 2007 day of SEAL �$l (1[S7E EAJEA STEPHANIE DALEY-WATSON, SECRETARY SafecA and the Safety logo are registered kademaft d Sataco Comoratlom S-0974/DS 4/05 WEB PDF Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza � e OF ATTORNEY Searle, WA 98185 No4273 . KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint '«""'""J. T. WARNOCK; CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; JAMES BALDASSARE, JR.; PENNY E. KELLEY; AMERICA SAN MARTIN; San Diego, California"««,,,«,,,«»»»»«.,.,,,,,,«»».... »,,....... ,,,..»..... ,«»,.,..».«««,,.. its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued In the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day or January 2007 STEPHANIE DALEY--WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate fitles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said powerof-affomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and cc rrect, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this LIAR 2 9 2007 day of SEAL �$l (1[S7E EAJEA STEPHANIE DALEY-WATSON, SECRETARY SafecA and the Safety logo are registered kademaft d Sataco Comoratlom S-0974/DS 4/05 WEB PDF AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Capistrano Valley News, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 7, 1984, Case No. A-122949 in and for the City of San Juan Capistrano, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: January 25, February 1, 2007 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 1, 2007 Signature Capistrano Valley News 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION RECEIVED 1801 FEB 14 P 2 21 1 SAN JUAN CAPISTRANO Proof of Publication of Mond urfmm nos COON'S aegMvom RKPLMZNMMr PROJECT` Notice is hereby p0.en ima to city d Sar Juan cc'°w n rton of Oo& s RewwFOW Sealed PProjecY wea 2:00 p . own dm 21M day of February, War. , A MANDAT0RYpm4xd conference Is scheduled M 10:00 ceeer a Of die � of am Juan ere on fib m v32e00 P City e =the Juan capbeeno. �oaM may be os akretl et vre nomdutla0h drrye of SRO. plus a deeps 011190 for each eel d plane and SPedAeadpm mailed. 7aead: January 11. 200r /ad MerOmet11 aMnenan CrrY OF SAN JUAN ORANGE COUNTY. CAUFORNIA CALIFORNIA pRELIMINARY 20 -DAY NOTICE (For use on Private and Public Works) See Civil Code Section 3097 & 3098 CONSTRUCTION LENDER or YOU ARE HEREBY NOTIFIED TEAT ... Reputed Construction Lender, if any _iL IA RECEIV (same, r tool APR —4 fi (aadmss) CITY CLEF (City) (awe) (*C°deSAN JUAN CAR OWNER or PUBLICAGENCY or Reputed Owner (public work) ORIGINAL CONTRACTOR or J ills are not paid in full for the labor, services, equipment, or materials tished or 10 be furnished, a mechanic' Ben leading m Ilse loss, through r1 foreclosure proceedings, oral) or part of your property being so roved may be placed against the property even though you have paid r contractor in fall. You may wish to protect yourself against this sequence by (1) requiring year contractor to larn)sh a signed release by person or firm gidngyou this notice before making payment to your tractor, or (2) any other method or device that is appropriate under the OTHER THAN RESIDENTIAL HOMEOWNERS OF DWELLINGS CONTAINING FEWER THAN F1 VE UNITS PRIVATE PROJECT OWNERS MUST NOTIFY THE ORIGINAL CONTRACTOR AND ANY LIEN CLAIMANT WHO HAS PROVIDED THE OWNER WITH A PRELIMINARY 2LLDAY LIEN NOTICE IN ACCORDANCE WITH SECTION 3097 OF THE CfVIL CODE THAT A NOTICE OF COMPLETION OR NOTICE OF CESSATION HAS BEEN RECORDED WITH IN III DAYS OF ITS RECORDATION. NOTICE SHALL BE BY REGISTERED MAIL, CERTIFIED MAIL, OR FIRST-CLASS MAD., EVIDENCED BY A CERTIFICATE OF MAILING. FAILURE TO NOTIFY WILL EXTEND THE DEADLINES TO RECORD A LIEN. or will furnish labor, services, egttipmant or Imt0"s of be fumishrd) Cor a buildin& strncmre or caller work of improvement bated at: v,ro r r ( cri - no Je aM for idevtifiwtion) The nem of the person or film who contracted for the pwchm of such 14 service gwpm e mah"w IS f -le- ryi n9 o'i 5 An estimate of the total price of the labor, services, equipment or materials famished or to be furnished is: S�q 4V, 1000 Trost Funds to which Supplemental Fringe Benefits are Payable or Laborers Due Compensation for the Project Did, '4-3,07 n 4 0j �k0 C' srrtrZ2 Telephone Number (q 4 ^Q) 33— r /00 � 41g\o1 1n 1 vv o...........____._ _. t, J) / At -JR 1 -E -/,D her/ C , declare that I served copies of the above Preliminary Notice (check appropriate box}. (a) [ ) By personally delivering copies to each of the parties, addresses and dates as follows: Construction Lender. (name) Owner or Public Entity: (name) (address) (address) (date) Original Contractor (name) (address) -- (dem) 20 (b) ( VB First Class Registered/Certified Mail, postage prepaid, addressed to each of the parties; lusted on rPage 1, on I declare under penalty of pequry, that the foregoing is true and correct Executed on �F�' "`�`- �/ a06 Tat 010 14on lifo . ( gneture of person making service) MING MNttll S Al tMt/V 1 "TO RF. ROBMTTTRn WITH FTRRT CF.RTTFTF.n PAYROLL." form HC -50 CONTRACT/PROPOSAL NUMBER: FEDERAL NUMBER: TODAY'S DATE: C--10(0-co I 10)-Opopq4-1 1 9-3-0r7 TO:PncAp71C. Haro+-� ADDRESS. 314E-. 3rd 5, k-e.e-t Lewis '�,cR . 9a -70 ATTENTICN: In order that the proper Fringe Benefit rates can be used for checking payrolls or applied to Force Account work which may be done on the above contract, the hourly rates for fringe benefHs, subsistence and/or travel allowance payment (as required by collective bargaining agreements) made for employees on the various dosses of work are tabulated below. CLASSIFICATION I EFFECTIVE EFFECTIVE DATE: "rte SUBSISTENCE OR l D 'D Q im ICU TRAVEL PAY: S HEALTH $ j � PAID TO: Name and WELFARE Address PENSION $ 'y PAID TO: Name Address_ m VACATION/ $ '% HOLIDAY PAID TO: Name Address TRAINING an PAID TO: • Mame m or OTHER $ ' Address :LASSIFICATION: EFFECTIVE DATE SUBSISTENCE OR TRAVEL PAY: $ m HEALTHPAID TO: Name $ and WELFARE Address PENSION $ PAID TO: Name Address m VACATION/ID $ : Name HOLIDAY Address .. TRAINING and/ PAID TO: Name Eu or OTHER Address 'LA SIFICATION: FFECTIVE DATE: SUBSISTENCE OR TRAVEL PAY: $ cn HEALTH $ PAID TO: Name and WELFARE Address PENSION $ PAID TO: Name Address m W VACATION/ $ PAID TO: Name HOLIDAY Address a TRAINING and/ PAID TO: Name. or OTHER $I Address `JUppiemental Statements must be Submlttea auring the progress vt w L& =WU o in rate rate of any of the classifications be made. n UBMITTED: 3/20/2007 AGENDA REPORT TO: Dave Adams, City ManagerQO- FROM: John W. Elwell, Interim Director of Public Works SUBJECT: Consideration of Award of Construction Contract and Funding Appropriation for the Cooks Reservoir Replacement Project (CIP# 769) (Pacific Hydrotech Corporation) RECOMMENDATION: By motion, 1) Award the Construction Contract for the Cooks Reservoir Replacement Project to the low bidder, Pacific Hydrotech Corporation, in the amount of $3,080,250; and, 2) Appropriate $555,000 from the Water Capital Fund and transfer $690,000 from the Terminal Reservoir No. 3 Project (CIP #753) to the Cooks Reservoir Replacement Project (CIP #769); and, 3) Authorize the City Manager to approve necessary changes to the Construction Contract within the project budget. SITUATION: The existing Cooks Reservoir was constructed in 1964, and it is the oldest reservoir in the City's system. See Attachment 1 for location. Inspections of the Cooks Reservoir that were performed in 2003 revealed structural fractures in the concrete lined walls that required the reservoir to be replaced. The reservoir was removed from service at that time and has remained inactive since. This reservoir provides an important water system function, and its closure has caused water staff to set up temporary procedures to insure that those areas that would normally be serviced by this reservoir have been properly supplied. Loss of this facility has required significant additional pumping and use of the Del Obispo interconnect to meet these needs. Over the past two years, the City has had geotechnical investigations, preliminary design reports, environmental documents, public outreach processes, design review and final design prepared for the Cooks Reservoir Replacement Project (CIP 769). In April 2006, the City released the plans and specifications for public bid. On May 2, 2006, seven bids were opened. The low bidder, Vadnais Corporation, submitted a bid for $2,812,000, which they later retracted due to a mistake in their bid. 9001 AGENDA REPORT Paae 2 March 20, 2007 The next lowest bidder, Pacific Hydrotech Corporation, came in nearly $1 million higher at $3,807,000. This cost was significantly higher than the $2,598,000 budget for the project. The City Council, at their June 6, 2006, meeting rejected all bids for the Cooks Reservoir Replacement Project and directed staff to perform value engineering and redesign on the project. On January 12, 2007, the City Clerk released the Notice Inviting Bids for the revised Cooks Reservoir Replacement Project. On February 21, 2007, the City received 3 bids from respected engineering contractors. See Attachment 2 for bid results. The low bidder, Pacific Hydrotech Corporation has successfully completed construction of five reservoirs within the last two years. They currently have three concrete reservoirs under construction. Interviews with representatives from the agencies these facilities were constructed for were positive and all gave Pacific Hydrotech Corp, high marks as a contractor. Attachment 3 shows how the received bids compare on a line item by line item manner and how Pacific Hyrdotech's current bid compares to the one they submitted prior to the value engineering being performed. The value engineering of the project has reduced the construction costs on the project by $727,000. Pacific Hydrotech Corporation has shown the ability to successfully complete similar reservoir facilities. They have proven to be competent and sound contractor. For these reasons staff is recommending award of the Cooks Reservoir Replacement Project to Pacific Hydrotech Corporation in the amount of $3,080,250. COMMISSION REVIEW AND RECOMMENDATIONS: At their February 27, 2007, meeting, the Water Advisory Commission recommended award of the Cooks Reservoir Replacement Project to Pacific Hydrotech Corporation in the amount of $3,080,250 and transfer of funds from the Terminal Reservoir Project and the Water Capital Fund to cover the budget shortfall. FINANCIAL CONSIDERATIONS: The FY 2006/2007 City Budget provides $2,598,000 for the construction of the Cooks Reservoir Project. A breakdown of costs associated with the design, inspection and construction of the Cook Reservoir Replacement Project (CIP#769) is as shown: Design (Including Value Engineering) (RBF Consultants) $ 240,588 Supplemental Geotechnical Study (Lawson and Associates) $ 14,500 Construction Management and Inspection (TetraTech) $ 298,400 Estimated Staff Time $ 25,000 Proposed Construction Contract (Pacific Hydrotech Corporation) $3,080,250 Construction Contingency $ 182.937 Total Costs $3,841,675 The existing FY 2006/2007 budget for the Cooks Reservoir Replacement Project (CIP#769) therefore has a $1,243,675 shortfall. Staff recommends funding this shortfall AGENDA REPORT Page 3 March 20, 2007 by appropriating $555,000 from the Water Capital Fund and transferring $690,000 from the balance left in the completed Terminal Reservoir No. 3 Project (CIP #753). Staff is requesting that, should the construction contract be approved, City Council authorize the City Manager to approve changes to the contract within the $182,937 Construction Contingency budgeted for the project. NOTIFICATION: Pacific Hydrotech Corporation Griffith Company SEMA Construction Incorporated By motion, 1) Award the Construction Contract for the Cooks Reservoir Replacement Project to the low bidder, Pacific Hydrotech Corporation, in the amount of $3,080,250; and, 2) Appropriate $555,000 from the Water Capital Fund and transfer $690,000 from the Terminal Reservoir No. 3 Project (CIP #753) to the Cooks Reservoir Replacement Project (CIP #769); and, 3) Authorize the City Manager to approve necessary changes to the Construction Contract within the project budget. Respectfully Submitted, Inte m Director of Public Works Attachments: 1. Location Map 2. Bid Results 3. Bid Comparison 4. Construction Contract Prepared by, Joe Mankawich Associate Engineer THE CITY OF SAN JUAN CAPISTRANO Iff ty rr 1 !( `-�nzs �t� } � 41 � ��(tai ♦ � �• �`P L t rhAVQ -x; Project Location City Boundary .'sem Streets ' . Creeks 0 3000 0000 Feet ATTACHMENT 1 Bid Opening Report Bids Opened February 21, 2007 at 2:00 p.m. Project Title Cook's Reservoir Replacement Project Project Engineer Joe Mankawich Pre Bid Estimate $ 3,164,000 Bidder 1. GRIFFITH COMPANY 2 PACIFIC HYDROTECH CORP. 3. SEMA CONSTRUCTION INC Bid Amount Bid Bond/Addenda? $3129 26 SO / $ 3 333,, 33_3 33 S 4. 5. $ .-M 7 Sig a n Date ,2 oZ () cc: City Clerk Staff (3) Project Department (3) City Manager (1) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. ATTACHMENT 2 M000O OOO000000 000$ 000 0 m 0 7 O 0 N eT W MIS O m 1' O aD O � r V m0� N O m� O M^> W N N Mfg `- N NN(O� m m f- r G)— O act � M CL sg b Y v b CL O O O O O O O M O O O O O) C 0 O 0 m 0 0 0 0 0 0 0 0 0 N 0 m 0 0 0 w M O m M Cq M N N O W N o v m M V 7 M N C O V a LU W N O O pp O O m 0 0 0 0 0 0 N aD OOOOOe{ 000000 O fV O 0 O 0 O O 0 O m O m 1� N O QJ C C m O m O O O 0 0 N N T N N N< N N m 0 N N C N M E O U 000O000000000„�� O O O OO O O O O O O O O O O O O O O O O O O N N N MO mNO NMS M 0O0 M N ap O t'f O 2 V TE v m o. 5 c o E�— 0 i ou c octA°5 v5 >q eU' m R RE y O C> F 2vY��p3Q O 2 m Y C H W c V 10 •� SgCO—� tR tRgOD o° N � m J o w c m�C4 —iviron:adci I,&, ATTACHMENT 3 CONSTRUCTION CONTRACT THIS CONTRACT is made and entered into, to be effective, this 20th day of March, 2007, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "City," and PACIFIC HYDROTECH CORPORATION, hereinafter referred to as "Contractor." City and Contractor mutually agree as follows: Section 1. General Conditions. Contractor certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that this Contract represents the entire agreement between the parties. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, and Contractor's Proposal are incorporated in this Contract by 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, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract. "Project" as used herein defines the entire scope of the work covered by all the Contract Documents. 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 discrepancy in the Plans or Specifications, the matter shall be immediately submitted to City's Engineer, without whose decision Contractor shall not adjust said discrepancy save only at Contractor's own risk and expense. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-1 ATTACHMENT 4 Section 2. Materials and Labor. Contractor shall furnish, under the conditions expressed in the Plans and Specifications, at Contractor's own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the City, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Contract. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. Section 3. Description of Project. The Project is described as: COOKS RESERVOIR REPLACEMENT PROJECT CIP#769 as delineated in the Plans and Specifications prepared by RBF Consulting, Inc., dated January, 2007. Work to include: The Work includes the demolition of an existing 0.3 million gallon (MG) reservoir and pump station, construction of a new 1.17 MG cast -in-place concrete reservoir, installation of an altitude and check valve vault, installation of ancillary piping and valves, grading and stockpiling of graded material, paving, electrical site work, and miscellaneous site improvements. Section 4. Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-2 COOK RESERVOIR RPLACEMENT Said Plans and Specifications and any revisions, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. Section 5. Time of Commencement and Completion. Contractor agrees to commence the Project within ten (10) calendar days from the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute the work to completion within two hundred and eighty (280) calendar days from the date of the "Notice to Proceed" issued by the City excluding delays caused or authorized by the City as set forth in Sections 7, 8 and 9 hereof. Section 6. Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, Contractor shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of Contractor's work in conformance with an approved construction progress schedule. Contractor shall coordinate the work covered by this Contract with that of all other Contractors, subcontractors and of the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5 herein. 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 or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. Section 7. Excusable Delays. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT 8-3 casualty for which Contractor is not responsible; any act, neglect or default of City; failure of City to make timely payments to Contractor; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion on the part of Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond Contractor's reasonable control. City shall extend the time fixed in Section 5 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City for such time extension within fifteen (15) days of the commencement of such delay and City finds that the delay is justified. City's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with Section C - 9(f) of the General Provisions. The City's decision will be conclusive on all parties to this Contract. Section 8. Extra Work. The Contract price includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by a designated representative of City specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 9 hereof. City shall extend the time fixed in Section 5 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Engineer. The decision of the Engineer shall be final. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-4 Section 9. Changes in Proiect. A. City may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) in the Specifications (including drawings and designs); 2) in the time, method or manner of performance of the work; 3) in the City -furnished facilities, equipment, materials, services or site; or 4) directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the City which causes any change, provided Contractor gives the City written notice stating the date, circumstances and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 9, no order, statement or conduct of the City or its representatives shall be treated as a change under this Section 9 or entitle Contractor to an equitable adjustment. D. If any change under this Section 9 causes an increase or decrease in Contractor's actual, direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than twenty (20) days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-5 E. If Contractor intends to assert a claim for an equitable adjustment under this Section 9, it must, within thirty (30) days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City setting forth the general nature and monetary extent of such claim. The City may extend the thirty (30) day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 9. F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to the Plans and Specifications, unless a change there from is authorized in writing by the City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefore shall be submitted without delay by Contractor to City. H. If in the opinion of the City's Engineer, it is in the City's best interest and it is deemed necessary to proceed with a required change in the Contract Documents, and time precludes submittal of the Contractor's proposal or, thorough analysis of the Contractor's proposal, or the parties fail to reach an agreement, the City may order the Contractor to proceed (Proceed Order) on the basis of a tentative, not to exceed price based on the best estimate available at the time, with the firm price and time impact to be determined later. If a Proceed Order is issued, the Contractor shall submit his proposal for the changes in the work within 7 calendar days of the Proceed Order, and a CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-6 Change Order shall be negotiated and fully executed within 30 calendar days of the Proceed Order. Section 10. Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5 plus the allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City will sustain damage, which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of One Thousand Dollars ($1,000) per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. Section 11. Contract Price and Method of Payment. City agrees to pay and Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Three Million Seven Eighty Thousand Two hundred and Fifty Dollars and no cents ($3,080,250.00) as itemized on the attached Exhibit "A." Within thirty (30) days from the commencement of work, there shall be paid to the Contractor a sum equal to ninety percent (90%) of the value of the actual work completed plus a like percentage of the value of material suitably stored at the worksite, treatment plant or approved storage yards subject to or under the control of the City, since the commencement of the work as determined by the City. Thereafter, on a schedule issued by the City at the commencement of the job which shows a minimum of one payment made to the Contractor per month for each successive month as the work progresses and the request for payment due dates from the Contractor to meet the CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-7 payment schedule, the Contractor shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety percent (90%) of the value of the work completed since the commencement of work as determined by the City, less all previous payments, provided that the Contractor submits the request for payment prior to the end of the day required to meet the payment schedule. The City will retain ten percent (10%) of each approved progress payment until the Work is fifty percent (50%) complete. Then, the City may at its option suspend further retainage until the final progress payment. The City reserves the right to reinstate up to ten percent (10%) retainage of the total of the Work if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City's Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. Section 12. Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be entitled to post approved securities with the City or an approved financial institution in order to have the City release funds retained by the City to insure performance of the Contract. Contractor shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-8 Section 13. Completion. Within ten (10) days after the contract completion date of the Project, Contractor shall file with the City's Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. City may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. Section 14. Contractor's EmployeesCompensation. A. Davis -Bacon Act: Contractor will pay and will require all subcontractors to pay all employees on said Project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis -Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis -Bacon Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) or when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the aforesaid conditions are met, a copy of the provisions of the Davis -Bacon Act to be complied with are incorporated herein as a part of this Contract and referred to by reference. B. General Prevailing Rate: City has ascertained from the State of California Director of Industrial Relations 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 Contract, and copies of the same are on file in the Office of the Engineer of City. The Contractor agrees that not less than said CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT 8-9 prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774 of the State of California. C. Forfeiture For Violation: Contractor shall, as a penalty to the City, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. D. Travel and Subsistence Pay: Section 1773.8 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this Contract and Contractor shall comply therewith. E. Apprentices: Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this Contract and the Contractor shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more or twenty (20) working days, or more; or if contracts of specialty Contractors not bidding for work through the general or prime Contractor are Two Thousand Dollars ($2,000.00) or more or five (5) working days or more. F. Workday: In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and Contractor shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (B) CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-10 above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seg. of the Labor Code of the State of California and shall forfeit to the City as a penalty, the sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Project. G. Record of Wages: Inspection: Contractor agrees to maintain accurate payroll records 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, worker or other employee employed by it in connection with the Project and agrees to require that each of its subcontractors does the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Section 15. Surety Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds approved by the City Counsel -- one in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT 8-11 the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials fumished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Section 16. Insurance. A. Contractor is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue a certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-12 whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days' written notice to City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having a Best's Guide Rating of A -Class VII or better: Worker's Compensation In accordance with the Workers' Compensation Act of the State of California -- Minimum of $1,000,000 Public Liability, in the form of either Comprehensive General $5,000,000, per occurrence, or Liability or Commercial General alternatively, Liability written on a per -occurrence $5,000,000 aggregate, separate basis for this project. Automobile liability, including $5,000,000 per occurrence non -owned and hired vehicles City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-13 Section 17. Risk and Indemnification. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City, and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. Section 18. Stop Notice Administration. City reserves the right to charge Contractor for City's actual administrative time (including attorney's time) to administer and process stop notices filed by Contractor's subcontractors, materialmen, or any other claimant or lienholder. Section 19. Termination. A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-14 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the Contractor relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs (A) or (B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether completed or in process. E. Upon termination under paragraphs (A) or (B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. Contractor agrees to perform all work under this Contract in accordance with the City's designs, drawings and specifications. The Contractor guarantees for a period of at least one (1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections ' CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-15 or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment or work. Section 20. Assignment. No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. Section 21. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. If any action is brought against the Contractor or any subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not. Section 22. Resolution of Disoutes. The City and the Contractor shall comply with the revisions of California Public Contracts Code Section 20104, et seg., regarding resolution of construction claims for any claims which arise between the Contractor and the City. CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-16 Section 23. Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Public Works To Contractor: Pacific Hydrotech Corporation 314 E. 3rd Street Perris, CA 92570 Attn: J. Kirk Hams, P.E. President CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-17 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract as of the date first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: Sam Allevato Mayor P CIFIC ROTECH CORPORATION By: irk s President ATTEST: By: Margaret R. Monahan, City Clerk APP71VST FORM: By: ikhn R. haw, City Attorney CITY OF SAN JUAN CAPISTRANO AGREEMENT COOKS RESERVOIR REPLACEMENT PROJECT B-18 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www. sanjuancaptstrano. org MEMBERS OF THE CITU COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR LONORES USO The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 20, 2007, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Construction Contract and Funding Appropriation for the Cooks Reservoir Replacement Project (CIP#769) (Pacific Hydrotech Corporation)" — Item No. D8. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Board and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, March 19, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 949-487-4313 with any questions. The Agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: Meg,Monahan, CMC cc: `-Pacific Hydrotech Corporation; Griffith Company; SEMA Construction Incorporated; John W. Elwell, Interim Director of Public Works; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future ^, Printed on recycled paper 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www. sanjuancapestrano.org March 21, 2007 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO OR. LONORES USO NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On March 20, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Award of Construction Contract and Funding Appropriation for the Cooks Reservoir Replacement Project (CIP#769) (Pacific Hydrotech Corporation)" Item No. 138. The following action was taken at the meeting: Construction contract for the Cooks Reservoir Replacement Project awarded to the Low bidder, Pacific Hydrotech Corporation, in the amount of $3,080,250; $555,000 appropriated from the Water Capital Fund and $690,000 transferred from the Terminal Reservoir No. 3 project (CIP No. 753) to the Cooks Reservoir Replacement Project (CIP No. 769); and the City Manager authorized to approve necessary changes to the construction contract up to $25,000. If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 949-487-4313 for more detailed information. Thank you, Meg Monahan, MMC City Clerk Cc: Pacific Hydrotech Incorporated; John Associate Engineer Corporation; Griffith Company; SEMA Construction W. Elwell, Interim Director of Public Works; Joe Mankawich, San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper d � v I i ml t LL' u d � x X� m i o y c y.- ,00 a (9 o o N E o m co w P w p 0'Ui .n wo v P n p N IL, = O O X X _ O O O O O O O O O O O O O O O O d C Q q M m n n O) m! O 9 M n 9 l Q m M m O N b O N m O) 01 Q N I O O N OQI W N m n mN m m m 01 W I O dl C a @ O 1? n W v N O N • � 01 P Yf N - m • n Q b m r L - m- N b P � = d 9 C O Z p n N N U P Y _ U' ''; i C7 d Y = d E Y O 0 U N w E d U I c nLM d� n d U= C'o .0 w � �I Ll v m c d' c U 0 r i rn v o '- S 0 c �E2 mUao�bCpd. S E d T C3 P0 0EP Uf.yod9. j m0 UmQ aLLndYrOd WU"LLmsod' nmNmedC LWe0�WC dd :mQ2JPrn.) rl,VIIIU��dd^, nP¢P3 peNwNnp6_ `'huJo QUVNOPv=0-J Ubm°Qmfry� U�}NU`3d UhNddFo; L CUDvdm✓7} No QUrmOc uuNNal Ut.dC- QooQn.dJC. 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Q U re: m b Q q o U J U U m u- S c d d Q -N —_ .u) N y C n E O Q O U I� and f1- O q N C N UJ Wdv C F E N CP,I N O O K is v d Q E n C O P 01 DE oE' a Nn 'Ilm U m O W (A U L W n O '2U N C E O~ Y ro ly (/J d d ro b J _dvE N d t C O d '0- Q m Q v.vmv ui O LL O LCI N O r f/I W� T PLL N r ro W d b _ J L V- U' n .. P O �� Q N ; lfr O m O 01 d O 0 L Z _n Iy M N J W Y O O r d m R' o O LL d N Q ro c ro❑ _ LL C c O J m W N J t _ S W y IIS'_ �^ P IIm-_ N P N N r r 0 0 o K ,, x x x x x' I o, o? !p fD N W m m m 0 N Q O O W O N O N� W W W t0 N m N C] M n 1� N W N O O I� N t7 17 M W 0 f0 t0 N 0 E N N N wN d O W v W p O N i W O � I C d P W U O - Q E<0 W U d O W 1n0 - Q N m CO 0 y U W VI U O d O V ONI LL O U U'U OM m ar '^ c oVda UNo UfEA 0 U Vd N N N N N -Tr - N N O N OO N N N O N O N N a Bid Opening Report Bids Opened February 21, 2007 at 2:00 p.m. Project Title Cook's Reservoir Replacement Project Project Engineer Joe Mankawich Pre Bid Estimate $ 3,164,000 Bidder 1. GRIFFITH COMPANY 2 PACIFIC HYDROTECH CORP. 3 SEMA CONSTRUCTION INC 4. 5. 6. 7 r Sig Bid Amount Bid Bond/Addenda? LA $ 3�29� 2(,C�l.s0 �JzS $ 3 (SFO Z,5 -Z) yPC $ b � S W i n Date cc: City Clerk Staff (3) Project Department (3) City Manager (1) The above bid amounts have not been checked. The bid totals are subject to correction after the bids have been completely reviewed. 0 J BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non -collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. City of San Juan Capistrano COVER SHEET Cook's Reservoir Replacement Project BID DOCUMENTS H:\pdata\10104156Wdmin\specs\Front End\Front End_Word\Cover Sheet.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano COVER SHEET Cook's Reservoir Replacement Project BID DOCUMENTS H:\pdata\10104156\Admin\specs\Front End\Front End Word\Cover Sheet.doc F 40 F- 1 L .J This is page one of EXHIBIT A, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR BID TO: CITY OF SAN JUAN CAPISTRANO The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: COOK'S RESERVOIR REPLACEMENT PROJECT CIP NO. 769 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number 4. 1 Date 2/ 1 3 / o --) Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq., the undersigned confirms the following as its certification: 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, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 2/ 21 �0-2 Bidder: t� c\F�c. 1 I�CY2�T-�e-N C_Uzc_�- By: (Signature) Title: City of San Juan Capistrano BID (PROPOSAL) Cook's Reservoir Replacement Project BID FORMS - Page 1 H:\pdata\10104156\Hdmin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BID (PROPOSAL) Cook's Reservoir Replacement Project BID FORMS - Page 2 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc • BID SCHEDULE COOK'S RESERVOIR REPLACEMENT PROJECT 1.17 MG WATER RESERVOIR January 5, 2006 RBF JN: 10-104156 Item No. Item Description Quantity Unit Total Cost 1 MOBILIZATION 1 LS 3 Ot3, OHO. 2 POTHOLING 1 LS , ooc . 1 3 DEMOLITION / RECYCLING 1 LS (02 , ,z:> --x3, — 4 SHEETING, SHORING, AND BRACING 1 LS 20, ooh i OR EQUIVALENT METHOD 5 EARTHWORK, GRADING, AND MISC. SITEWORK 1 LS lid 00� 6 YARD PIPING, VALVES, VAULTS, 1 LS -2- 2 AND AND MISC.MECHANICAL APPURTENANCES 7 RESERVOIR STRUCTURE 1 LS 8 ELECTRICAL AND INSTRUMENTATION 1 LS 1230,0��. 9 LANDSCAPING, IRRIGATION, AND GATES 1 LS \ -?.1 I o Oo 10 CATHODIC PROTECTION SYSTEM 1 LS CI , o JQ . 11 EROSION AND SEDIMENT CONTROL BMPS 1 LS 2 c�yoo0. 12 DEMOBILIZATION, PROJECT CLOSEOUT, 1 LS 3, Opp . r AND RECORD DRAWINGS LI-7O _ 13 EXPORT 4725 CY TOTAL (ITEMS 1 THROUGH 13) -3, 0,601 2_ SO Bid Schedule I THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BID (PROPOSAL) Cook's Reservoir Replacement Project BID FORMS - Page 2 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc 40 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's License Work to be Performed Number Subcontractor's Name & Address Sr L 1 tZ�.6R st_gs'r3 �imE-04CArJ7LAGEfZ G1} ac,. 538498 z DCc.e s (- bE;ti (-) —� N 3 fL E�CT rz- cAL X129 f vo < ikL� c 4 GA.vos C4 -9E 3L4'ItR af,,rz e_- �__ 5 17poL rnoN 3365 �q2<.o r -C sewlzyb C4 6 1 0A•Fi NC -7 rE2-hA 7 8 City of San Juan Capistrano LIST OF SUBCONTRACTORS Cook's Reservoir Replacement Project BID FORMS - Page 1 H:\pdata\10104156Wdmin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano LIST OF SUBCONTRACTORS Cook's Reservoir Replacement Project BID FORMS - Page 2 H:\pdata\10104156Wdmin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc 10 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of �'yC>25 I, S • V_, aC being first duly sworn, deposes and says that he or she is 1?2�sI� r, of r P c' G �c �� cK+rcu� C-ae. , the party making the foregoing Bid, that the Bid is not made in the interest of, or on 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 of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of 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, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder Pitc\PL OI_4_C�1 iiCtA C�C-'>. By Title P2 c) Organization Address 31 LA PE0-rLLS CA City of San Juan Capistrano NON -COLLUSION AFFIDAVIT Cook's Reservoir Replacement Project BID FORMS - Page 1 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano NON -COLLUSION AFFIDAVIT Cook's Reservoir Replacement Project BID FORMS - Page 2 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Riverside On 1 `-b 21, ��7 , before me, Kzistine B o 'Notary Ilihl i r', Dale Name and Title of officer (e.g., "Jane Doe. Notary Public') personally appeared J. Kirk Harns Nadafsf at Signan% IN personally known to me f��ff�clR�fT�k53ht�F�ic�?�.k�cRfxAtR6Y acR4�c to be the person(xk whose nameft is/wg _ KRI$11NEREgnO subscribed to the within instrument and co1C mmission e 1 . ` Notarypuppy - Ca mt acknowledged to me that he/ &VX executed Riverdale county the same in his/I nc&3tje authorized Mcon)rn• Doe 25,2= capacit4m*, and that by his/)aaf23e6r signature(x) on the instrument the person*, or the entity upon behalf of which the persons) acted, executed theinsttrruument. WI my h hd (ficial seal. P1eds Notary seat Ahave SlgnaWreat Nater, no OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /1 I I O {�J% Title or Type of Document: / l�fJl (D(t 0� A - Document Date: Eib 21, 1Cn7 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: J. Kirk Harns C individual ZCorporate Officer —7itle(s): President roDotmurnonere Partner — C Limited G General Attorney in Fact C Trustee Guardian or Conservator Other: Signer Is Representing: Pacific Hydrotech r, 1997 Navonal Notary Aa.=on,an - 9350 De So, H,a,, ?C Sox 2402 • ohe..f n. CA 01313-2402 Prod. Pio. 5907 Reorder Call Tall -Free 1-800-876-6827 • r BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non- responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: PPCkGtC F1Ver�rLA-TCCN L- ?—P, a\y G 3�Q4 Sr PG(CTL,S C -A O�Zy7o 2. CONTRACTOR'S Telephone Number: Facsimile Number. 7 4. 5. A 7 E-mail address @ pacuypze . ��n^ CONTRACTOR'S License: Primary Classification State License Number(s) S \ 9 _,& 5 Supplemental License Classifications N k or - Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety SbeFco su0.eTY Address 3 3 0 O c J ck k 20 Surety Company Agent N' � %r 41 errs SLn-v%ce - La2rt Y Mc iYlkH,a Telephone Numbers: Agent (e t `t / (o C� 1 -13-4\ Surety a1$ -Ist. - yZaa Type of Firm (Individual, Partnership or Corporation): Corporation organized under the laws of the State of: Fu0.r`4 I . List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: -5 . \C i K. V_ \A ola_r+s • PAI -S a3 M LITO y.e. (11k (t UA1,4,T4 S e..d 1F114 2"a v .9. Csa «.tsT7 \4aras SEC __Yo�r rPury �x V .lO• N tX,YT, Ac 1-"EnTv�a test 5� CDA, ,_. (Y) V.P• City of San Juan Capistrano BIDDER'S GENERAL INFORMATION Cook's Reservoir Replacement Project BID FORMS - Page 1 H:\pdata\10104156Wdmin\specs\Front End\Front End_Word\Part ID -Bid Forms.doc BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: Zo 9. List at least three related projects of comparable (size and complexity completed to date: Sut 1. Owner _ � T 64zcE L:s Address Contact Class of work Phone Contract amount Project Date completed 2. Owner Address Contact Class of work Phone Contract amount Project Date completed 3. Owner Address Contact Class of work Phone Contract amount Project Date completed 10. List the name and title of the person who will supervise full-time the proposed work for your firm: Y,() C_ k.P, 11. Is full-time supervisor an employee J contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. City of San Juan Capistrano BIDDER'S GENERAL INFORMATION Cook's Reservoir Replacement Project BID FORMS - Page 2 H:\pdata\10104156\Hdmin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" in the sum of dollars (not less than 10 percent of the total amount of bid items 1-13) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled: COOK'S RESERVOIR REPLACEMENT PROJECT CIP NO. 769 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required • Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs incurred by said Owner in such suit, including a reasonable attorney's fee to be fixed by the court. • SIGNED AND SEALED, this day of 20 (SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) (Principal) (Signature) (Signature) City of San Juan Capistrano BID BOND (BID SECURITY FORM) Cook's Reservoir Replacement Project BID FORMS - Page 1 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc THIS PAGE LEFT INTENTIONALLY BLANK City of San Juan Capistrano BID BOND (BID SECURITY FORM) Cook's Reservoir Replacement Project BID FORMS - Page 2 H:\pdata\10104156\Admin\specs\Front End\Front End_Word\Part ID—Bid Forms.doc BID BOND KNOW ALL MEN BY THESE PRESENTS, That Pacific Hydrotech Corporation as Principal, and Safeco Insurance Company of America as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the "Owner" In the sum of Ten Percent of the Amount Bid dollars (not lass then 10 percent of the total amount of bid peme 1-13) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, WHEREAS, said Principal has submitted a Bid to said Owner to perform the Work required under the Bid Schedule(s) of the Owner's Contract Documents entitled: COOK'S RESERVOIR REPLACEMENT PROJECT CIP NO. 760 NOW THEREFORE, if said Principal is awarded a Contract by said Owner, and within the time and In the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters Into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain In full force and effect. In the event suit is brought upon this Bond by said Owner, and Owner prevails, said Surety shalt pay all costs Incurred by said Owner In such suit. Including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 16th day of February 20 07 (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Pacific Hydrotech Corporation (SEAL) By: (SEAL) pm -C -s (Principal) Safeco Ins rants Cqdpany of erica By: America,8 n Martin, Attorney -in -Fact (Signature) (SEAL) City of San Juan Capistrano BID BOND (SID SECURITY FORM) Cook's Reservoir Replacement Project SID FORMS - Page 1 H:\pdata\10104156Wdmin\specs\Front End\Front End_Word\Part ID_Bid Fonns.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California j ss. County of San Diego 2-16-07 Penn E. Belle Nota Public On ,before me, Y Y. _ I'Y , Date Name and Title of officer (e.g.,'Jame Doe. Notary Public") personally appeared America San Martin Name(s) of Signers) 4personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(l) whose name04 i--= subscribed to the within instrument and acknowledged to me that Wsh0lt executed PENNY E. KELLEY the same in X29her/lMK authorized COMM. #1535728 capacity(kX$, and that by MR/her) E NOTARY PUBLIC -CALIFORNIA N U r SAN DIEGO COUNTY C1 signaturen on the instrument the persori or My Commission Expires the entity upon behalf of which the personM 1u e�f ECEMBEIR 26, 2008 acted, executed the instrument. WIT,NES my hand and ojt'icia6epl. n e, Ptace Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual a Top of thumb here ❑ Corporate Officer — TiUe(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Assoclalion • 9350 De Solo Ave.. P.O. Box 2402 • Chalswntlh. OA 91913.2402 • w nalcrenclery.org Prod. No5907 ReoNer. Call Toll -Free 1-000-876 6827 POWER +� OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 4273 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Searle. WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint «««««««»«J T. WARNOCK, CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; JAMES BALDASSARE, JR.; PENNY E. KELLEY; AMERICA SAN MARTIN; San Diego, its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of January 1 2007 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-tact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and 04 A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL S -0974/1)S 4105 this 16th day of FEBRUARY , 2007 w. SEALS ls2s '` STEPHANIE DALEY-WATSON, SECRETARY Safecov and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF Addendum No. I (February 13, 2007) City of San Juan Capistrano Cook's Reservoir Replacement Project THIS PAGE TO BE ATTACHED TO BIDDING DOCUMENTS. I have received Pages Al -1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15. Date Received by Bidder: By: F A -f- IfI(_ �f-04 "- Bidder's Bi der's Compa y Name Bidder's Ltila (u�nTVl Typed or Printed Name Prepared by: RBF Consulting 14725 Alton Parkway Irvine, CA 92619-7057 (949) 472-3505 Addenduml Cooks-resv2.doc PAGE A1-2 CONCRETE RESERVOIRS COMPLETED 1.) Project Name: Yucaipa Reservoir G-1 Non Potable Location: Yucaipa, CA Owner. Yucaipa Valley Water District Contact: Brent Antwon - 909/797-5118 Engineer: Krieger & Stewart Contact: Patrick Watson, P.E. - 951/684-6900 Construction Manager: Same as Engineer Total Value of Construction: $6,120,000.00 Description of Project, Scope of Work: Installation of 4.0 MG Underground Prestressed Concrete Reservoir, Including Mass Grading, 48",30",24" Pipelines, Ornamental Fence, Landscaping, Paving, and Street Improvements, Completion Date: April 2005 2.) Project Name: Zone 900 Reservoir Location: Desert Hot Springs, CA Owner: Mission Springs Water District Contact: Gary Brockman/760-329-5169 Engineer: Boyle Engineering Contact: Richard L. Bardin Construction Manager. R.W. Beck Contact: Momo Sovavik/858487-7877 Total Value of Construction: $1,740,000.00 Description of Project, Scope of Work: Construction of a 2.0 MG prestressed concrete reservoir, Excavation, Grading Site Piping and Misc Site Work Improvements. Completion Date: February 2005 3.) Project Name: Yucaipa Finished Water Storage Tank Reservoir 13.1 Location: Yucaipa, CA Owner: Yucaipa Valley Water District Contact: Brent Antwon - 909/797-5118 Engineer: HOR Engineering Construction Manager: Krieger & Stewart Contact: Patrick Watson, P.E. - 951/684-6900 Total Value of Construction. $7,711,427.00 Description of Project, Scope of Work: Installation of 6.0 MG Underground Prestressed Concrete Reservoir, Including Mass Grading, 48",30",24" Pipelines, Ornamental Fence, Landscaping, Paving, and Pipe Jacking. Completion Date: July 2006 4.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Contact: Total Value of Construction: St. Joseohs Reservoir Arcadia, CA City of Arcadia Ken Herman - 626/256-6581 Montgomery Watson Harza Miko Aicazain - 626/796.9141 Same as Engineer $3,090,267.00 Description of Project, Scope of Work: 5.0 MG Partially Buried Concrete Reservoir, Earthworks, Shoring, Pipeline, Electrical, Architectural Fagade. Completion Date: June 2004 CONCRETE RESERVOIR PROJECTS IN PROGRESS 1.) Project Name: Zone 2 Booster Station & 3.5MG Reservoir Location: Glendora, CA Owner: City of Glendora Engineer: Boyle Engineering Construction Manager: City of Glendora Contact Kelly Gardner- 626-852-4846 Total Value of Construction: $5,545,398.00 Description of Project, Scope of Work: Installation of 3.5 MG Semi -Buried Prestressed Concrete Reservoir, Including Demolition of existing tanks, Pump Station, Grading, 30",24", 16" Pipelines, Blockwalls, Temporary Bridge, Fence, Paving, Landscaping. Completion Date: In Progress, Anticipated date of Completion is July 2007 2.) Project Name: 2650 Zone Tank Location: Cherry Valley, CA Owner. Beaumont -Cherry Valley Water District Contact: Chuck Buthcer Engineer: Parsons Engineers Construction Manager: Parsons Engineers Contact: Steve Gratwick- 626-440-6024 Total Value of Construction: $6,146,133.00 Description of Project, Scope of Work: Installation of 5.0 MG Underground Prestressed Concrete Reservoir, Including Valve Vaults, Mass Grading, 36",30",24",16" Pipelines, Ornamental Fence, Landscaping, Paving. Completion Date: In Progress, Anticipated date of Completion is April 2007 3.) Project Name: Location: Owner: Contact: Engineer: Construction Manager: Contact: Total Value of Construction: 1.) 2.) 3.) Milliken 1010-2B Reservoir Ontario, CA City of Ontario Fernando Cobos Tetra -Tech Tetra -Tech Ken Berard- 909/390-8000 ext. 212 $8,547,851.00 Description of Project, Scope of Work: Installation of 9.0 MG Abovegrade Prestressed Concrete Reservoir, Including Valve Vaults, Architectural Facade, 24",16" Pipelines, K -Rails, Grading Landscaping, Paving. Completion Date: Start September 2006, Anticipated Completion February 2008 STEEL RESERVOIR COMPLETED PROJECTS Project Name: Two 8.0MG Reservoirs, Pumo Station, and Pipelines Location: Westminster, CA Owner: City of Westminster Contact: Mannan N. Youssef, P.E., City Engineer - 714/898-3311 Engineer: Montgomery Watson Harza Contact: Ashok K. Dhingra, P.E., Vice President -626/796-9141 Construction Manager: Same as Engineer Total Value of Construction: $7,741,259.00 Description of Project, Scope of Work: Construction of Two 8.OMG Reservoirs, 36", 24" and misc. Pipelines, Construction of a 200 HP Deep Well, Constrction of a Four Pump (each 200 HP) Pump Station with Chlorine Generatorl, Electrical Generator, and Supporting Facilities, Completion Date: January 2003 Project Name: Mavwod Tank Location: Maywood, CA Owner: Maywod Mutual Water Company No. 2 Contact. James L. Dotson/951-361-3083 Engineer: Hirsch & Company Contact: Wayne Papac/858-565-4545 Construction Manager: Same as Engineer Total Value of Construction: $1,168,530.00 Description of Project, Scope of Work. Construction of a 1.0 MG Bolted Steel Tank, Piping, Masonry Wall, Paving, Elect. Completion Date: December 2004 Project Name: Location: Owner: Contact. Engineer: Contact: Construction Manager: Contact: Total Value of Construction: Greer Ranch 2050 Tank Site Murrieta, CA Lennar Communities Steve Lloyd - 951/817-3600 RBF Consulting Mike Tyleman, P.E. - 951/676-8042 Elsinore Valley Municipal Water District Loren Sorber - 951/674-3146 $400,000.00 Description of Project, Scope of Work: Install Two 0.5MG Bolted Steel Reservoirs, Electrical, Telemetry, and Foundations Completion Date: May 2004 4.) Project Name: Greer Ranch 1850 Tank Site Location: Murrieta, CA Owner: Blackmore Ranch, LLC Contact: Matt Denhham - 909/469-2800 Engineer: Cantry Engineering Group Contact: Rodney Cramptons Construction Manager: Elsinore Valley Municipal Water District Contact: Loren Sorber - 951/674-3146 Total Value of Construction: $543,540.00 Description of Project, Scope of Work: Install Two 0.5MG Bolted Steel Reservoirs and Foundations, Pipework, Electrical, Telemetry, Paving, Drainage, and Fence. Completion Date: February 2004 5.) Project Name: Hidden Valley Tanks Location: Norco, CA Owner: City of Norco Contact: Joe Schenk 909/270-5626 Engineer. Crouse /Beers and Associates Contact: Bob Beers 909/736-2040 Construction Manager: Same Total Value of Construction: $1,100,000.00 Description of Project, Scope of Work: Construction of Two .63 MG Glass Coated Bolted Tank, Paving, Site Piping, Electrical and Fence Completion Date: 1/1/02 6.) Project Name: La Laguna Tank Site Location: Lake Elsinore, CA Owner: Forecast Homes Contact: Brain McTeer 909/483-7320 Engineer: Webb and Associates Contact: Sinnaro Yos 951-686-1070 Construction Manager: Elsinore Valley Municipal Water District Contact: Loren Sorber - 951/674-3146 Total Value of Construction: $850,000.00 Description of Project, Scope of Work: Install Two .5 MG Glass Coated Bolted Steel Reservoirs and Foundations, Pipework, Electrical, Telemetry, Paving, Drainage, and Fence. Completion Date: 1/1/05 7.) Project Name: Cottonwood Hills Location: Lake Elsinore, CA Owner: Pardee Homes Contact: Joe Scapulla 951/817-3400 Engineer: Contact: Construction Manager: Contact: Total Value of Construction: Metro Pointe Jon Austin 714/438-1095 Elsinore Valley Municipal Water District Loren Sorber - 951/674-3146 $750,000.00 Description of Project, Scope of W ork. Install One .5 MG Glass Coated Bolted Steel Reservoirs and Foundations, Pipework, Electrical, Telemetry, Paving, Drainage, and Fence. Completion Date: 1/2/02 8.) Project Name: Newbury Park Reservoir Location: Newbury Park, CA Owner: Calleguas Municipal Water District Contact: Steven Fion, P.E., Sr. Project Manager- 805/579-7156 Engineer: Perliter & Ingalsbe Contact: Amr M. Shah, P.E., Principle - 818)972-1470 Construction Manager: Same as Engineer Total Value of Construction: $659,250.00 Description of Project, Scope of Work: Demo Existing 4.0 MG Reservoir and Erect New Reservoir including, Foundation, Piping, drainage, Paving, and Electrical. Completion Date: May 2002 9.) Project Name: Seismit Retrofit For Existinq Water Reservoirs Location: San Buenavantura, CA Owner. City of San Buenaventura Contact: Elizabeth K. Cooper, P.E., Assoc Civil Engineer- 805/658-4778 Engineer: Tetra Tech (ASL) Engineers Contact: Terry L. Kerger, P.E. Principle - 626/683-0066 Construction Manager: Flowers & Associates Contact: Vernon E. Williams, P.E., Principle -805/996-2224 Total Value of Construction: $1,194,948.00 Description of Project, Scope of Work: Seismic Retrofit of Seven Existing Reservoirs including, Foundations, Piping, Drainage Structures, and Temporary Water Storage. Completion Date: August 2000 10.) Project Name: Location: Owner: Contact: Engineer: Construction Manager: Total Value of Construction: College & Golden Concrete Reservoir Retrofit Placentia & Yorba Linda, CA Southern California Water Company Joe Minnecci, Sr. Engineer- 714/535-7711 Same as Owner Same as Owner $435,200.00 Description of Project, Scope of Work: Reinforce Two Existing Reservoirs for Seismic Loads, Epoxy Grout Cracks, Modify Piping, and Re -disinfect. Completion Date: October 1996 11.) Project Name: Combined Tank Project Location: La Mesa, CA Owner: Helix Water District & Padre Dam Water District Contact: Carlos Lugo, Engineering Manager- 619/466-0585 Engineer: John Powell & Associates, Inc. Contact: Patrick Vaughan, P.E. (No longer with company) - 760/753-1120 Construction Manager: Same as Engineer Total Value of Construction: $1,214,208.00 Description of Project, Scope of Work: Grading, PCC Structure (3000 CY), Site Piping, Drainage, and Paving. Completion Date: October 1996 12.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Contact: Total Value of Construction: Description of Project, Scope of Work: Completion Date. Alamitos Reservoir Long Beach, CA City of Long Beach Bob Swain - 562/570-2337 Boyle Engineering 949/476-3300 SA Associates Sam Nabbout - 626/821-3456 $1,670,000.00 Regrade Existing Tank Farm Site, Pave, Drainage, Electrical, New Fence, and Landscaping. September 2004 PUMP STATIONS, LIFT STATIONS, TREATMENT PLANTS, SITEWORKS 1.) Project Name: Alamitos Reservoir Location: Long Beach, CA Owner: City of Long Beach Contact: Bob Swain - 562/570-2337 Engineer: Boyle Engineering Contact: 949/476-3300 Construction Manager: SA Associates Contact: Sam Nabbout - 626/821-3456 Total Value of Construction: $1,670,000.00 Description of Project, Scope of Work: Regrade Existing Tank Farm Site, Pave, Drainage, Electrical, New Fence, Completion Date: and Landscaping. Completion Date: September 2004 2.) Project Name: Sycamore Creek Booster Pump Station Location. Corona, CA Owner: Starfield Sycamore Investors, LLC Engineer: Dexter Wilson Engineering Contact: Diane Shaughnessy - Construction Manager: Starfield Contact: Steve Stout - 9511634-7956 Total Value of Construction: $871,257.00 Description of Project, Scope of Work: Water Booster Station Completion Date: July 2004 3.) Project Name: Greer Ranch Lift Station Location: Murrieta, CA Owner: Lennar Communities Contact: Steve Lloyd - 9511817-3600 Engineer: RBF Consulting Contact: Steve Speakman, P.E. - 951/676-8042 Construction Manager: Elsinore Valley Municipal Water District Contact. Loren Sorber - 9511674-3146 Total Value of Construction: $1,187,755.00 Description of Project, Scope of Work: Sewer Lift Station Including Grading, Drainage, Wet Well, Pumps, Generator, Odor Control System, Building, Electrical, Landscaping, Irrigation System, Sewer, Manholes, Storm Drain, and Paving. Completion Date: June 2004 4.) Project Name: Holabird Water Treatment Plant Location: Calipatria, CA Owner: Southern California Water Company Contact: John Kemp/760-348-5331 Engineer: Albert Webb and Associates Contact: Brian Knoll /951-248-4279 Construction Manager: Same as Engineer Total Value of Constructiom $4,352,799.00 Description of Project, Scope of Work: Construction of Treatment Plant, Onsite Piping, 3 Pump Stations, Pre -Engineered Metal Building and Site Works Completion Date: Anticipated May, 2005 5.) Project Name: Markham Lift Station Location: Riverside, CA Owner: B & C Land -Boulder Springs, LLC Contact: Robin Knowlton/909-381-0868 Engineer Dexter Wilson Engineering Contact: Michael Filiccia/ 760-438-4422 Construction Manager. Nolte Engineering Contact: Art Burgner/951-739-5700 Total Value of Construction: $1,106,000.00 Description of Project, Scope of Work: Construction of a Lift Station, Concrete Structure, Piping, Odor Control System and Masonry Building, Completion Date: January 2005 6.) Project Name: EI Rio Improvement Project Location: Oxnard, CA Owner: United Water Conservation District Contact: John Dickenson, P.E., Engineering Manager - 805/525-4431 Engineer: Tetra Tech (ASL) Engineers Contact: Terry L. Kerger, P.E. Principle - 6261683-0066 Construction Manager: Penfield & Smith Contact: Gino Filippin, P.E., Sr. Engineer- 805-963-9532 Total Value of Construction: $998,730.00 Description of Project, Scope of Work: Construction of 8.4 MG Clearwell including, Excavation, Piping, PCC Structures, Covers, and Electrical. Completion Date: July 2004 7.) Project Name: Greer Ranch Booster Station Location: Murrieta, CA Owner: Lennar Communities Contact: Steve Lloyd - 951/817-3600 Engineer. RBF Consulting Contact: Mike Tyleman, P.E. - 951/676-8042 Construction Manager: Elsinore Valley Municipal Water District Contact: Loren Sorber - 951/674-3146 Total Value of Construction: $1,835,000.00 Description of Project, Scope of Work: Completion Date: 8.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Total Value of Construction: Description of Project, Scope of Work: Completion Date: 9.) Project Name: Location: Owner. Contact: Engineer: Contact. Construction Manager: Total Value of Construction: Description of Project, Scope of Work: Completion Date: Construct 6 Pump Booster Pump Stations including 16" &12" Pipeline, Building, Generator, Electrical, Telemetry, Paving, Drainage, and Block Wall. August 2003 Palmvrita Filter Plant Riverside, CA City of Riverside Owen Lu, P.E. - 909/225-9388 CMD Jack Santo - 760/438-7755 Same as Engineer $3,417,048.00 GAC Filter Plant with 15 Filters, Backwash, Chemical Feed, Generator, Control Piping, Paving, Fending, walls, and controls. April 2003 3240 Pressure Zone PUMP STATION Palmdale, CA Empire Land/Anaverde, LLC Larry Bathe Brockmeier Consulting Engineers Eric Porkert, Chuck Brockmeier- 310-450-2879 Brockmeier Consulting Engineers $3,648,999.00 Construction of 4-400 HP Pumps Pump Station, Masonry Building, Generator, HVAC, Pipeline, Fencing, Grading, Paving, Electrical November, 2005 10.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Contact: Total Value of Construction: Unit Train Facility Mojave, CA Unocal Pipelines Bill Daniels (Retired) PDM (Now CBI) Mark Meyer- 909/225-0895 PDM (Now CBI) Dave Bryan (Retired) 2811367-5201 $1,528,214.00 Description of Project, Scope of Work: Construction of a Facility to take Crude oil out of the "All American Pipeling" into Storage Tanks and then from the Tanks into Rail Car. This was a design build project and was completed in six month making Unocal $2,000,000.00 per month. Completion Date: September 1996 11.) Project Name: WLBT 32 ACRE Facility Location: Wilmington, CA Owner: Wilmington Liquid Bulk Terminals Contact: Jay Johnson (Now with Equapac) 714/434-9199 Engineer: PDM (Now CBI) Contact: John Mercuri - 281/774-2200 Construction Manager: PDM (Now CBI) Contact: Dave Bryan (Retired) 281/367-5201 Total Value of Construction: $3,821,000.00 Description of Project, Scope of Work: Construction of Petrochemical Storage Facilities, including Grading, PCC Structures, Piping, Containment, and Paving. Completion Date: September 1994 12.) Project Name: 1601 Ramsgate Pumo Station Location: Lake Elsinore, CA Owner: Centex Homes Contact: Ed Boyce Engineer: RBF Contact: Steve Speakman Construction Manager: Elsinore Valley Municipal Water District Contact: Loren Sorber- 9511674-3146 Total Value of Construction: $3,244,817.00 Description of Project, Scope of Work: Construction of Pump Station, Masonry Building, Generator, Sodium Hypochloride System, Surge Tank, Bridgecrane, HVAC, Pipeline, Fencing, Grading, Paving, Elec- trical. Completion Date: February, 2006 13.) Project Name: LonaHorn Lift Station Location: Canyon Lake, CA Owner: Pulte Homes/Elsinore Valley Municipal Water District Contact: Loren Sorber- 951/674-3146 Engineer: W.R. Lind Contact: Wesley Lind- 626-447-4274 Construction Manager: Elsinore Valley Municipal Water District Contact: Loren Sorber - 951/674-3146 Total Value of Construction: $2,054,727.00 Description of Project, Scope of Work: Sewer Lift Station Including Grading, Drainage, Wet Well, Pumps, Generator, Description of Project, Scope of Work: Construction of Pump Station, Steel Tank, Masonry Building, Generator, Surge Tank, Bridgecrane, HVAC, Pipeline, Fencing, Grading, Paving, Electircal, Odor Control System, Building, Electrical, Landscaping, Irrigation System, Completion Date: Sewer, Manholes, Storm Drain, and Paving,Shoring, Dewatering Completion Date: December 2005 14.) Project Name: Lake Hills Booster Pump Station & 1.3MG Tank Location: Riverside, CA Owner: Bremh Communties Contact: Brett Bailey Engineer: Hunsaker & Associates Contact: Jim Smith Construction Manager: Western Municipal Water District Contact: Tony Burgett Total Value of Construction: $1,581,835.00 Description of Project, Scope of Work: Construction of Pump Station, Steel Tank, Masonry Building, Generator, Surge Tank, Bridgecrane, HVAC, Pipeline, Fencing, Grading, Paving, Electircal, Description of Project, Scope of Work. Arsenic and Manganese Removal Facility Completion Date: January 30, 2000 Hardscape Completion Date: October, 2005 15.) Project Name: Century Treatment Plant Location: Southgate, CA Owner: Goldenstate Water Company (SCWC) Contact: Joe Manesi 714/535-7711 Engineer: Same Contact: Construction Manager: Same Total Value of Construction: $1,750,000 Description of Project, Scope of Work. Arsenic and Manganese Removal Facility Completion Date: January 30, 2000 16.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Total Value of Construction: Juan Treatment Plant Hawaiian Gardens Goldenstate Water Company (SCWC) Joe Manesi 7141535-7711 Same Same $1,720,000 Description of Project, Scope of Work: Arsenic and Manganese Removal Facility Completion Date: 17.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Total Value of Construction: March 30, 2000 Senteny Water Treatment Plant Culver City, CA Golden State Water Company (SCWC) Hank Acceeves Same Same Description of Project, Scope of Work: Water treatement Facility, GAC Filters Completion Date: 18.) Project Name: Location: Owner: Contact: Engineer: Contact: Construction Manager: Total Value of Construction: $2,200,000 GAC Filter Project Norwalk, CA WRD Charlene King 1562-407-1923 Same Same $800,000 Description of Project, Scope of Work: Water Treatment Plant, GAC Filters Completion Date: December 15, 2002 Feb 21 07 07:37a DAVE 02/20/2087 17:58 3237245513 • U] Soffa February 20, 2007 Inc. SOFFA 714-8473433 Attention: 7o Whom It May Concern Referenm Cook's reservoir Replacement Project (CIP No. 768) City of San Juan Capistrano, California Subject: . CerfirRcation by KM Subcontractor Gentlemen, Soffa Electric, Inc., hereby certifies the intent to assume and execute the full responsfbility to select,'furnish. supervise the installation and connection, teat and calibrate, and place into operation all specTied instrumentation, equipment and all assemblies, componatts and accessorles needed to piece into service a complete operating imtrmrrentalion and control system as in full compliance with the requirements of the contract documents. In addition, it Is certified that the drawings and data will be prepared and submitted. the specified field services will be performed by qualified personnel, the Owner's operetirg and maintenance pereonnef w6 be instructed, and technical manual will be prepared and submitted. Finally, it is certified that the qudation offered proMes for full and complete compliance with the requtreme is on the contract documents without exception. Very Estimator Sft Electric, Inc EnwM danny-bit FO s Ski L4 z r` Inc 1t - PA PAGE 01 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www, sanj uancapistrano. org March 21, 2007 J. Kirk Harps, P.E. Pacific Hydrotech Corporation 314 E. 3rd Street Perris, CA 92670 Dear Mr. Harps: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO A contract for the Cooks Reservoir Replacement Project was approved by the City Council at the March 20, 2007 meeting. It is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 16 Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK — followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Joe Mankawich, Associate Engineer (949) 487-4313. Please call me at (94'�) 443-6309 if you have questions regarding the forms of insurance needed. cc: Joe Mankawich, Associate Enginerer Enclosure San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper 32400 PASEO ADELANTO SAN JUAN CAPSTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX wwwsanjuancaprstrano.org TRANSMITTAL Nicol J. Kirk Hams, P.E. Pacific Hydrotech Corporation 314 E. 3rd Street Perris, CA 92670 DATE: April 3, 2007 FROM: Maria Morris — Deputy City Clerk (949) 443-6309 RE: Construction Contract — Cooks Reservoir Replacement Project MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO An original, executed construction contract for the aforementioned project is enclosed for your records. We have received all required bonding and insurance. Please keep in mind that all insurance documentation must remain current, or all work must stop and all payments will be withheld until our office receives current documentation. A notice to proceed will be issued prior to any work proceeding on this project. If you have questions concerning the construction, please contact Joe Mankawich, Associate Engineer, (949) 487-4313. CC: Joe Mankawich, Associate Engineer John Elwell, Interim Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future C.1 Printed on 100%recvd¢tl oaoer PHOAIVA(951)943-8803PACIFIC RD ST., PE CORPORATION 314 E. 3RD ST., PERRIS, CA 92570 FAX (fit) 9431093 March 30, 2007 City of Sna Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Ms. Maria Morris Deputy City Clerk Reference: Cook's Reservoir Bonds & Insurance Certificate Transmittal Dear Ms. Morris: We are in receipt of your letter dated March 21, 2007. Attached you will find the Bonds required for the above referenced project along with the Insurance Certificates. We trust that these will meet with your approval, however if you have any questions or concerns, please feel free to give us a call anytime. We look forward to working with you on this project. Sincerely yours, Pacific �otech Corporation J. u Harns, P.E. President CONTRACTORS ENGINEERS FABRICATORS 0 0 ro I vfo� /k40,1V4Z1VED `tri L` C° /e r Imo+ -1U01 NAR -1 A10:516, REQUEST FOR CLARIk71�!!FVN (SENT BY: EMAIL TO SIA161�ti iPlAin gX) February 26, 2007 Mr. Joe Mankawich, Associate EngineerOmankawich@sanjuancapistrano.org] City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 487-4313 PROJECT: Cook's Reservoir Replacement (REBID) Owner: City of San Juan Capistrano Calle Ricardo & Cook's Lane San Juan Capistrano, CA 92675 BID: 02/21/07 @ 2 PM Dear Mr. Mankawich: Thank you for transmitting the LIST OF SUBCONTRACTORS that was furnished to the City of San Juan Capistrano by the low bidder on subject contract, Pacific Hydrotech Corporation. The low bidder must provide the name and business address of each subcontractor that will be performing work in excess of/z of 1 % of their total bid amount, i. e., 0.005 x $3,080,250.00 = $15,401.25. In reviewing our own list of identified subcontractors in our bid to the City, we noted that at least three subcontractors have specialties that are greater than '/z of 1 % of our low bid amount and required submittal by Griffith Company if we were to succeed as the lowest qualified bidder: Masonry (a specialty trade requiring journeymen masons), fencing (a specialty trade requiring journeymen fence labor) and registered professional PLS surveying (an engineering specialty not generally conducted by general engineering contractors because of the Professional Engineers' and Land Surveyors Act and State of California licensing and experience requirements). Section 4100, et seq., of the Public Contract Code (furnished to Griffith Company by your office on February 22, 2007) requires all bidders to "list the name and business address of each subcontractor who will perform Work under this bid in excess of one- half of one percent of the Contractor's Total Bid Price." 0 0 We noted also that the lowest bidder did not state the "business address" of any subcontractors named, and identified each only by the city where each may be located. Naming the location of the subcontractor "city" is clearly not the same as stating the "business address" particularly since more than one contractor of the same abbreviated name may be in the same city, but not located at the same address. American Steel Placer was named by Pacific Hydrotech Corp. using an address of Colton, California. Their official contractor licensee address is: 14656 Idaho St., Fontana, CA 92336. Colton is near Fontana, but they are not the same address. If you perform a search of about 295,000 contractors listed by the California Contractor's License Board in their web site (http://www.cslb.ca.gov�, you will find duplicates of the same name in many of the same cities. It is clear that each contractor must provide the "address" of each named subcontractor and not just the "city" that the subcontractor may be near. It requires a great deal of extra work prior to the bid deadline to verify the complete address, and this requirement must be adhered to by all general engineering contractors that abide by the requirements of the contract documents and the Public Contract Code. It is our intention to request that your office clarify your interpretation of the requirements noted and to provide an opinion in this matter. We believe that Griffith Company complied with all of your requirements and, if you agree with the evaluation stated above, Griffith Company should be rightfully awarded the contract. If we are not awarded this contract, we wish to reserve the right to review the certified payrolls and subcontractor award records under the Public Contract Information Act upon completion of this contract. Respectfully submitted, _,.Avery Reed GRIFFITH COMPANY 12631 E. Imperial Highway Suite F230 Santa Fe Springs, CA 90670 (562) 207-1777 X323 (562) 207-1799 fax ea reedI ft rifflthcom oa nv. n et www.grlfflthcompany.net Copy: City Clerk's Office Page 2 of 2 From: Joe Mankawich [mailto:JMankawich@SanJuanCapistrano.org] Sent: Monday, February 26, 2007 4:35 PM To: Reed, E. Avery;; Joe Mankawich Cc: Muns, Dan; Prior, Heidi Subject: RE: Cook's Reservoir Bid 2/21/07 @ 2 PM Mr. Avery, My initial reaction is that Pacific Hydrotech Corp has met the intention of the Instructions to Bidders. I will have the City Attorney review. Of course should this be deemed unresponsive the City would reserve its right to re -bid this project once more. Joe Mankawich Associate Engineer City of San Juan Capistrano (949)487-4313 -----Original Message ----- From: Reed, E. Avery;[mailto:eareed@GriffithCompany.net] Sent: Monday, February 26, 2007 4:06 PM To: Joe Mankawich Cc: Reed, E. Avery;; Muns, Dan; Prior, Heidi Subject: Cook's Reservoir Bid 2/21/07 @ 2 PM 2/26/2007 Page 1 of 2 • Reed, E. Avery; From: Reed, E. Avery; Sent: Monday, February 26, 2007 4:06 PM To: 'Joe Mankawich' Cc: Reed, E. Avery;; Muns, Dan; Prior, Heidi Subject: Cook's Reservoir Bid 2/21/07 @ 2 PM Attachments: 022207 City of San Juan Capistrano Letter of Protest.doc, image001.jpg Mr. Joe Mankawich, Associate Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)487-4313 Re: Cook's Reservoir: Pubic Municipality Bid. City of San Juan Capistrano, CA: Bid Opening 2/21/07 ft 2 PM Dear Mr. Mankawich: Upon our review of the information you submitted, it is possible that the lowest dollar bidder may be non- responsive to the statute requirements of the Public Contract Code by furnishing only the City pf the subcontractor and not furnishing the legal address of each subcontractor as is required by your contract specifications. Attached is a letter requesting clarification of the Public Contract Code requirement to name each subcontractor by name and business address if their subcontract will be in excess of one-half of one percent of the Contractor's Total Bid Price. We also noted that at least three of our subcontracts exceed the amount of'/ of 1 % of the low bid amount, and these items may, or may not, be trades or professions that the low bidder is qualified to complete. We note that masonry, fencing and surveying are all subcontract items for our company that each exceed'/ of 1 % of our bid, and each are subcontractors that we named. Many contractors in California have similar names or surnames, and some may be in the same City. For example, KNK is a painting contractor in southern California, and a licensed building contractor in northern California. We do not know if they are the same company. Please provide a determination and clarification of our findings regarding subject bid. Sincerely, AVERY REED AV6R)- GRIFFITH COMPANY 12631 E. Imperial Highway Suite F230 Santa Fe Springs, CA 90670 (562) 207-1777 X323 2/26/2007 • Reed, E. Avery; From: Reed, E. Avery; Sent: Monday, February 26, 2007 5:40 PM To: 'Joe Mankawich' Cc: Muns, Dan; Prior, Heidi; Reed, E. Avery; Subject: RE: Cook's Reservoir Bid 2/21/07 @ 2 PM Attachments: image001.jpg Mr. Mankawich: Thank you for acknowledging my emailed letter so promptly. • Page 1 of 2 We requested that you clarify the statue requiring company names and addresses be recorded by the responsive bidders in a public bid offered by the City of San Juan Capistrano under the language of the California Public Contract Code, a statute requirement of cities in the State of California. This is a statute that you required for Cook's Reservoir. The City of San Juan Capistrano required each general engineering contractor to abide by the exact language of the statute, not the intent of the statute. As a bidder on thousands of municipality contracts, we can tell you first hand that digging up legal names and addresses at the last minute before bid time, determining if it is a legitimate sub -bid from a qualified subcontractor, is a whole lot of extra work when closing a bid. Bids that we have spent hours and hours preparing, can then go "down the drain" simply because we can not reach the subcontractor (with the lowest price) to get his correct name and address. Is this an important issue? Yes, it is. Giving one general contractor any advantage over another general contractor in the bidding process, occasionally at the expense of a subcontractor, is precisely what the Public Contract Code is attempting to eliminate. Griffith Company should be entitled to be named the lowest responsive bidder meeting the provisions of your contract documents. Thank you for reviewing our request for a clarification of your bid documents as they apply to the California Public Contract Code. Sincerely, AVERY REED AVERY GRIFFITH COMPANY 12631 E. Imperial Highway Suite F230 Santa Fe Springs, CA 90670 (562) 207-1777 X323 (562) 207-1799 fax eareed@arif£ithcompany.net www.grif£ithcompany.net 2/26/2007