Contract - National Electrical Contractors - 2015-02-26CONTRACT
THIS AGREEMENT is made and entered into this 26" day of February, 2015 by and
between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT' and
NATIONAL ELECTRICAL CONTRACTORS, INC., a California corporation, hereinafter referred to
as "CONTRACTOR."
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and
exchanged, DISTRICT and CONTRACTOR mutually agree as follows:
1. Scope of the Work. That CONTRACTOR shall perform all the work and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all
utility and transportation services required to construct: CMSD PROJECT #196 -D,
INSTALLATION OF NATURAL GAS GENERATOR FOR IRVINE PUMP STATION
2. Labor and Materials. All of said work to be performed and materials to be furnished
shall be in strict accordance with the plans and specifications entitled CMSD PROJECT #196 -D,
INSTALLATION OF NATURAL GAS GENERATOR FOR IRVINE PUMP STATION, and
CONTRACTOR agrees to do everything required by this Contract and the Contract Documents
including the plans and specifications and any general conditions.
All labor, materials, tools, equipment and services shall be furnished on work performed,
and under the direction, administration and subject to the approval of DISTRICT or its authorized
representatives.
CONTRACTOR warrants that it will not purchase mined construction material for this
PROJECT except from a mining operation that is currently identified in the list published pursuant to
subdivision (b) of Section 2717 of the Public Resources Code. Refer to the current 3098 list for
qualified mining operations at www. consN. ca .gov /OMR /ab_3098_list/current_ list.
3. Time of Completion. CONTRACTOR agrees to commence the work to be performed
under this Contract within five (5) days of receipt of the "Notice to Proceed" and to diligently
prosecute the work to completion before the expiration of FORTY FIVE (45) WORKING DAYS
from the date of commencement. "Working days' means all calendar days except Saturdays,
Sundays, and legal holidays.
4. Time of the Essence. Time is of the essence of this Contract.
5. Liquidated Damages /Delay Damages. It is agreed by the parties hereto that in case
the total work called for hereunder in all parts and requirements is not finished or completed within
the number of working days as set forth herein, damage will be sustained by the DISTRICT, and
that it is and will be impractical and extremely difficult to ascertain and determine the actual damage
which the DISTRICT will sustain in the event of and by reason of such delay; and it is therefore
agreed the CONTRACTOR will pay to the DISTRICT the sum of TWO HUNDRED FIFTY and
001100 Dollars ($250.00) per calendar day for each and every day of delay in finishing the work in
excess of the number of days prescribed in paragraph 3 and the CONTRACTOR agrees to pay said
liquidated damages herein provided for, and further agrees that the DISTRICT may deduct the
amount thereof from any monies due or that may become due the CONTRACTOR hereunder
The CONTRACTOR will be granted an extension of time and will not be assessed with
liquidated damages for any portion of the delay in completion of the work beyond the time named
herein for the completion of the work due to unforeseeable causes beyond the control and without
the fault or negligence of the CONTRACTOR, including but not restricted to acts of God or of the
public enemy, fire, floods, epidemics, quarantine restrictions, strike, and unsuitable weather, or
delays of subcontractors due to such causes, provided CONTRACTOR submits timely notification
and a written Request for Change Order as required herein.
The CONTRACTOR shall within ten (10) days from the beginning of any such delay (unless
the DISTRICT shall grant a further period of time prior to the date of final settlement of the Contract)
notify the District Engineer in writing of the cause of the delay, and the District Engineer shall extend
the time for completing the work if in the District Engineer's judgment the cause so merits. The
District Engineer's determination on this matter shall be final and conclusive on the parties hereto,
CONTRACTOR shall also be required to submit a written Request for Change Order to District
Engineer within fifteen (15) days of the date of such delay. No adjustment shall be allowed for such
delay unless strict compliance with this contractual provision is effected. CONTRACTOR's remedy
shall be limited to the extra days granted and to any damages that he may be entitled to using the
formula agreed to by the parties for all damages as provided in Paragraph 28.
6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept
in full payment for the work above agreed to be done the sum of: One Hundred ninety -six thousand,
seven hundred nine Dollars ($196,709.00).
7. Proaress Payments. Prior to the fifteenth day of the month next following the
commencement of the work, there shall be paid to CONTRACTOR a sum equal to 90 percent ofthe
value of the work completed since the commencement of the work as determined by the District
Engineer and thereafter prior to the fifteenth day of each successive month as the work progresses.
CONTRACTOR shall be paid such sum as will bring the payments up each month to 90 percent of
the value of the work completed since the commencement of the work as determined by the District
Engineer, less all previous payments, provided that CONTRACTOR submits his request for
payment prior to the last Wednesday of each preceding month. DISTRICT shall make the final
payment, if unencumbered, or any part thereof unencumbered, 35 days after the acceptance of the
work and the filing of a Notice of Completion. Payments shall be made on demands drawn in the
manner required bylaw, accompanied by a certificate signed by the District 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.
8. Prompt Payments. DISTRICT agrees to promptly make progress payments on
undisputed and properly submitted payment requests within thirty (30) days and to comply with the
provisions of Public Contract Code Section 20104.50,
9. Retention Securities. Pursuant to California Contract Code Section 22300,
CONTRACTOR will be entitled to post approved securities with the DISTRICT or an approved
financial institution in orderto have the DISTRICT release funds retained by the DISTRICT to insure
performance of the Contract.
10. Specifications. The Standard Specifications for Public Works Construction, also
known as the Greenbook, latest edition, shall be controlling unless a different specification is called
out in the Contact Documents, including the Costa Mesa Sanitary District's Standard Plans and
Specifications for the Construction of Sanitary Sewers and the plans and specifications for CMSD
PROJECT #196 -D, INSTALLATION OF NATURAL GAS GENERATOR FOR IRVINE
PUMP STATION.
11. Change Orders. Change order requests shall be submitted to the District Engineer
in writing who shall have discretion to determine the merit of the change order request. The District
Engineer may approve or disapprove change orders in his discretion except that any change order
resulting in an increase of the Contract price shall be co- signed by the District Manager and /or
approved by the Board of Directors. No amendments, modifications, or waivers of Contract terms
orthe Contract Documents, including additional compensation forextra work, will be allowed absent
a written Change Order signed by both parties.
12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of
perdiem wages and the general prevailing rate for legal holidays 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 the same has been placed on file with the District Clerk at the District's principal office. Said per
diem wages can be obtained on the Internet at http: / /www. dir.w.gov/disr/DPreWageDetermination
htm. Said per diem wages are deemed to include employer payments for health and welfare,
pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and
1773.8 of the Labor Code of the State of California. No contractor or subcontractor shall be
awarded a contract fora public work unless registered with the Department of Industrial Relations
pursuant to Labor Code Section 1725.5. Contractor agrees to comply with this requirement and to
file his payroll records electronically.
13. Discrimination Minorities Aliens. The CONTRACTOR shall not unlawfully
discriminate nor allow its employees, agents, principals, or subcontractors to unlawfully discriminate
against any employee or applicant for employment on the basis of race, religious creed, national
origin or sex.
14. Compliance with Davis -Bacon Act. This provision does not apply to this Contract.
15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of
California regarding the preparation, maintenance and filing of payroll records are applicable to this
Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate electronic
payroll record, showing the name, address, social security number, work classification, straighttime
and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice or worker employed by him in connection with the public work. THE
CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED TO
THE DISTRICT ENGINEER FOR REVIEW ON A WEEKLY BASIS. THE CONTRACTOR SHALL
BE RESPONSIBLE FOR SUBMITTAL OF SUB - CONTRACTOR'S PAYROLL RECORDS.
16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.00
for each calendar day or portion thereof for each workman paid (either by him or any subcontractor
under him) less than the prevailing rate setforth herein on the work provided for in this Contract, all
in accordance with section 1775 of the Labor Code of the State of California.
17. Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring
the use of apprentices in certain ratios to journeymen are hereby imposed upon CONTRACTOR.
18. Legal Day's Work. In the performance of this Contract, not more than eight (8)
hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8)
hours of labor in a day from any person unless the CONTRACTOR complies will all applicable
Labor laws. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of
the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the
DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this
Contract by the CONTRACTOR or any subcontractor for each calendar day during which any
workman 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.
19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions
of the "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section 4100 at
seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to
be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide
that all work to be performed thereunder shall be performed in accordance with this Contract. Upon
request, certified copies of any or all subcontracts shall be furnished to the District Engineer or
DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the
CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above
provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the
Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract
involved, or cancel the Contract and assess the penalty.
All persons engaged in the work, including subcontractors, will be considered employees of
the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly
with and make all payments to the CONTRACTOR.
20. Workers' Compensation. CONTRACTOR shall carry Workers' Compensation
Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by
the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby
certifies:
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
Workers' Compensation or to undertake self - insurance in
accordance with the provisions of that rode, and I will comply with
such provisions before commencing the performance of the work of
this Contract."
21. Drug -Free Work. CONTRACTOR agrees to provide a drug -free workplace in
accordance with 24 CFR part 24, sub -part F. Under. 24 CFR part 24 sub -part F., the
CONTRACTOR will provide certification in writing that it will provide a drug -free workplace by:
(a). Publicizing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the action it will take against employees for violation of such prohibition;
(b). Establish an ongoing drug -free awareness program to inform employees about-
1. Degrees of drug abuse in the workplace;
2. The policy of maintaining a drug -free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs;
4. The penalties which may be imposed on employees for drug abuse violations
occurring in the workplace.
(c). Making it a requirement that every employee to be engaged in the performance of the
Contract be given a copy of the statement required by paragraph (a);
(d). Notifying employees in the statement required by paragraph (a) that as a condition of
employment under the Contract the employee will -
1. Abide by the term of the statement; and
2. Notify the employer in writing of any conviction for a violation of a criminal drug
statute occurring in the workplace no later than five (5) calendar days after such
conviction.
(e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under
subparagraph (d) (2) from an employee or otherwise receiving actual notice of such
conviction. Employer of said convicted employee must provide notice, including conviction
title, to the DISTRICT;
(f). Taking one of the following actions, within thirty (30) calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted -
1. Taking appropriate action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
(g). Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
22. Bonds. CONTRACTOR shall, prior to the execution of the Contract, furnish bonds
approved by DISTRICT, one in the amount of one hundred percent (100 %) of the Contract price, to
guarantee the faithful performance of the work, and the other in the amount of one hundred percent
(100 %) of the Contract price 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
DISTRICT. All bonds shall be issued by an admitted surety insurer and the DISTRICT reserves the
right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
23. CONTRACTOR'S Affidavit. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the District Engineer his affidavit stating that all workmen
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 certain items, if any, to be set forth in an affidavit covering disputed claims, or items
in connection with a Notice to Withhold, which have been filed under the provisions of the statutes
of the State of California.
24. CONTRACTOR'S Waiver. CONTRACTOR agrees to execute a Final Close Out
Agreement and Release of All Claims. The execution by CONTRACTOR of the Final Close Out
Agreement and Release of All Claims shall constitute a waiver of all claims against DISTRICT
under or arising out of this Contract unless otherwise stated in said document.
25. Notice to Proceed. No work, services, material or equipment shall be performed or
furnished under this Contract unless and until a "Notice to Proceed" has been given to the
CONTRACTOR by the District Engineer and all bonds and certificates of insurance required
pursuant hereto have been furnished to and approved by DISTRICT.
26. Termination.
A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in
the event CONTRACTOR should become the subject of a proceeding under state or federal law for
relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT
shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part.
B. Should CONTRACTOR, at anytime during the progress of the work, refuse or
neglect to supply sufficient material or labor, or fail to comply with any provision of this Contract,
DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to
provide such materials and labor, or make good such deficiencies as DISTRICT may deem
expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last
address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof
which may be deducted by DISTRICT from any money that may be due CONTRACTOR.
C. Without limiting any rights which DISTRICT may have by reason of any default by
CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in
part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, subject to
deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and
costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all
expenditures made and costs incurred with DISTRICT'S prior written approval in settling or
discharging outstanding commitments entered into by CONTRACTOR in performing under this
Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an
amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by
the percentage of completion of the work. In no event, however, will the compensation to
CONTRACTOR exceed the total Contract price less payments previously made and less the
Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR
shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all
orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders
and subcontracts made hereunder and (iii) immediately transferto DISTRICT all materials, supplies,
work -in- process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR
in connection with the performance of this Contract.
27. CONTRACTOR'S Independent lnvestination. No plea of ignorance of conditions
that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the
execution of the work under this Contract, as a result of failure to make the necessary independent
examinations and investigations, and no plea of reliance on initial investigations or reports prepared
by District Engineer and /or DISTRICT for purposes of letting this Contract out to bid, will be
accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in
every detail all requirements of the Contract Documents. Nor will such reasons be accepted as a
basis for any claims whatsoever for extra compensation or for an extension of time.
28. Damages /Extra Work Compensation. The parties have agreed to modify the
formula for damages set forth in the Standard Specifications for Public Works Construction. The
parties agree that the damage formula shall be used to measure all of CONTRACTOR's damages
or extra work required by this job. CONTRACTOR shall be limited to the following:
Direct costs Mark-up
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items 15%
Subcontracted work 10% (first $5000)
Subcontracted work 5% (work in excess of first $5000)
Specialty Subcontracting
(required by extra work) 5% (Provided at least three
competitive bids are obtained
and contractor selected the
lowest bidder)
Excluded from recovery shall be so- called "Eichleay damages" including, but not limited to,
home office overhead, insurance and bonding costs, lost bonding capacity, lost profits, and lost
interest.
CONTRACTOR acknowledges that his recovery for damages or extra work is limited as
provided in this paragraph.
CONTRACTOR's
nitial 7
29. Other Documents. Included. It is further agreed by the parties hereto that the
following documents are incorporated into this Contract by reference and are to be read and
construed together as the full, complete and integrated terms of this Contract:
A. Notice Inviting Bids
B. Supplementary Bid Addenda or Bulletins, if applicable
C. Proposal Packet
D. Standard Specifications for Public Works Construction "Greenbook," latest
edition
E. Costa Mesa Sanitary District Standard Plans and Specifications for the
Construction of Sanitary Sewers
F. Construction Plansand Specifications for CMSD Project #196 -D, Installation
of Natural Gas Generator for Irvine Pump Station
G. Standard Drawings (Costa Mesa Sanitary District Drawings
and City of Costa Mesa Drawings)
H. Soils Report (omitted)
I. City of Costa Mesa Encroachment Permit
J. Faithful Performance Bond
K. Payment Bond
L. Approved Change Orders, if applicable
M. Contractor's Affidavit
N. Final Closeout Agreement and Release of All Claims
The documents listed in this Paragraph, including this Contract, shall be known and referred
to collectively as the "Contract Documents."
30. Interpretation. In the event of any conflict, inconsistency or incongruity between the
provisions of this Contract and the provisions of any of the Contract Document(s) referenced in
Paragraph 29 hereof, or amendments thereto, the provisions of this Contract shall control in all
respects.
31. Attorney's Fees. In any action or proceeding brought by either party against the
other party arising out of or in any way connected to this Contract, or where any provision hereof is
validly asserted as a defense, the parties shall bear their own attorney's fees, costs, and expenses.
Nothing in this provision shall excuse CONTRACTOR's duty to provide DISTRICT with a defense at
CONTRACTOR's cost when DISTRICT receives a complaint, petition, or other pleading from the
third party requiring DISTRICT to defend itself. Notwithstanding the foregoing, costs and attorneys
fees shall be available pursuant to Code of Civil Procedure Section 386.6 in connection with an
interpleader.
32. Additional Costs. CONTRACTOR shall be responsible to reimburse DISTRICT a
sum equal to the expenses of administration and legal services required to be expended by
DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of
a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in
the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to
offset any such costs and expenses incurred by DISTRICT against any sums owing to
CONTRACTOR.
33. Insurance. CONTRACTOR agrees to provide insurance in accordance with the
requirements set forth herein. If CONTRACTOR uses existing coverage to comply with these
requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR
agrees to amend, supplement or endorse the existing coverage to do so. The following coverages
will be provided by CONTRACTOR and maintained on behalf of the DISTRICT and in accordance
with the requirements set forth herein.
Commercial General Liability /Umbrella Insurance. Primary insurance shall be provided on ISO -
CGL form No. CG 00 01 11 85 or 88 or equivalent, as determined by District Counsel. Total limits
shall be no less than one (1) million dollars per occurrence for all coverages and three (3) million
dollars general aggregate. DISTRICT and its employees and agents shall be added as additional
insured using ISO additional insured endorsement form CG 2010 with an edition date priorto 1992
or equivalent, as determined by District Counsel. Coverage shall apply on a primary non-
contributing basis in relation to any other insurance or self- insurance, primary or excess, available
to DISTRICT or any employee or agent of DISTRICT. Coverage shall not be limited to the vicarious
liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary)
shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and
shall include a "drop down' provision providing primary coverage above a maximum $25,000.00
self- insured retention for liability not covered by primary policies but covered by the umbrella policy.
Coverage shall be on the following form to any underlying coverage. Coverage shall be provided
on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no
cross liability exclusion. Policies shall have concurrent starting and ending dates. District Counsel
shall have the authority to make determinations on the acceptability of forms of insurance coverage.
A determination that the form of coverage is not acceptable shall cause the award to go to the next
lowest responsible bidder.
Business Auto /Umbrella Liability Insurance. Primary coverage shall be written on ISO Business
Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or equivalent, as determined by
District Counsel. Limits shall be no less than one (1) million dollars per accident. Starting and
ending dates shall be concurrent. If CONTRACTOR owns no autos, a non -owned auto
endorsement to the General Liability policy described above is acceptable.
Workers' Compensation /Employers' Liability shall be written on a policy form providing workers'
compensation statutory benefits as required by law. Employers' liability limits shall be no less than
one (1) million dollars per accident or disease. Employers' liability coverage shall be scheduled
under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed
to waive any right of subrogation as respects the DISTRICT, its employees or agents.
CONTRACTOR and DISTRICT further agree as follows:
1. This Section supersedes all other sections and provisions ofthis Contractto the extent that
any other section or provision conflicts with or impairs the provisions of this Section.
2. Nothing contained in this Section is to be construed as affecting or altering the legal status
of the parties to this Contract. The insurance requirements set forth in this Section are
intended to be separate and distinct from any other provision in this Contract and shall be
interpreted as such.
3. All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extentof the policies involved, available or applicable. Nothing contained in this Contract or
any other agreement relating to the DISTRICT or its operations limits the application of such
insurance coverage.
4. Requirements of specific coverage features or limits contained in this Section are not
intended as a limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a given coverage
feature is for purposes of clarification only and is not intended by any party to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
5. For purposes of insurance coverage only, this Contract will be deemed to have been
executed immediately upon any party hereto taking any steps that can be deemed to be in
furtherance of or towards, performance of this Contract.
6. All general or auto liability insurance coverage provided pursuant to this Contract, or any
other agreements pertaining to the performance of this Contract, shall not prohibit
CONTRACTOR, and CONTRACTOR'S employees, or agents, from waiving the right of
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against
DISTRICT.
7. Unless otherwise approved by DISTRICT, CONTRACTOR'S insurance shall be written by
insurers authorized to do business in the State of California and with a minimum "Best's"
Insurance Guide rating of "AMI ". Self - insurance will not be considered to comply with these
insurance specifications.
8. In the event any policy of insurance required under this Contract does not comply with these
requirements or is canceled and not replaced, DISTRICT has the right but not the duty to
obtain the insurance it deems necessary and CONTRACTOR will promptly reimburse any
premium paid by DISTRICT.
9. CONTRACTOR agrees to provide notarized evidence of the insurance required herein,
satisfactory to DISTRICT, consisting of certificate(s) of insurance evidencing all of the
coverages required and an additional insured endorsement to CONTRACTOR'S general
liability and umbrella liability policies (if any) using ISO form CG 20 10 with an edition prior
to 1992 or equivalent, as determined by the District Counsel. Certificate(s) are to reflect that
the insurer will provide 30 days notice of any cancellation of coverage. CONTRACTOR
agrees to require its insurer to modify such certificates of any cancellation of coverage.
CONTRACTOR agrees to require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of cancellation
imposes no obligation, and to delete the word "endeavor" with regard to any notice
provisions. CONTRACTOR agrees to provide complete copies of policies to DISTRICT
upon request.
10. CONTRACTOR shall provide proof that policies of insurance required herein expiring during
the term of this Contract have been renewed or replaced with other policies providing at
least the same coverage. Such proof will be furnished within 72 hours of the expiration of
the coverages.
11. Any actual or alleged failure on the part of DISTRICT or any other additional insured under
these requirements to obtain proof of insurance required under this Contract in no way
waives any right or remedy of DISTRICT or any additional insured, in this or any other
regard.
12. CONTRACTOR agrees to require all subcontractors or other parties hired for this projectto
provide general liability insurance naming as additional insured all parties to this Contract.
CONTRACTOR agrees to obtain certificates evidencing such coverage and make
reasonable efforts to ensure that such coverage is provided as required here.
CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts
CONTRACTOR enters into on behalf of DISTRICT, will reserve the right to charge back to
DISTRICT the cost of insurance required by this Contract. CONTRACTOR agrees that
upon request, all agreements with subcontractors or others with whom CONTRACTOR
contracts with on behalf of DISTRICT, will be submitted to DISTRICT for review. Failure of
DISTRICT to request copies of such agreement will not impose any liability on DISTRICT, or
its employees.
13. If CONTRACTOR is a Limited Liability Company, general liability coverage must be
amended so that the Limited Liability Company and its managers, affiliates, employees,
agents, and other persons necessary or incidental to its operation are insured.
14. CONTRACTOR agrees to provide immediate notice to DISTRICT of any claim or loss
against CONTRACTOR that includes DISTRICT as a defendant. DISTRICT assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve DISTRICT.
34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to
the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit,
cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising
out of or in any way related to the performance of this Contract. Accordingly, the provisions of this
indemnity provision are intended by the parties to be interpreted and construed to provide the fullest
protection possible under the law to the DISTRICT, except for liability attributable to the
DISTRICT'S active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into
this Contract in the absence of this commitment from CONTRACTOR to indemnify and protect
DISTRICT as set forth here.
To the fullest extent permitted by law and excepting only the active negligence of DISTRICT,
established by a court of competent jurisdiction or written agreement between the parties,
CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and
officials, from any liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged
or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs
including expert witness fees and any other costs or expenses of any kind whatsoever without
restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way
attributable actually, allegedly or impliedly, in whole or in part to the performance of this Contract,
All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT.
Without affecting the rights of DISTRICT under any provision of this Contract or this Section,
CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above
for liability attributable to the active negligence of DISTRICT, provided such active negligence is
determined by agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the DISTRICT is shown to have been actively
negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances
where DISTRICT'S active negligence accounts for only a percentage of the liability involved. In
those instances, the obligation of CONTRACTOR will be forthat portion or percentage of liability not
attributable to the active negligence of DISTRICT as determined by written agreement between the
parties or the findings of a court of competent jurisdiction.
The obligations of CONTRACTOR under this or any other provision of this Contract will not be
limited by the provisions of any workers 'compensation act or similar act. CONTRACTOR expressly
waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and
officials.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those
set forth in this section from each and every subcontractor, sub -tier contractor or any other person
or entity involved by, for, with, or on behalf of CONTRACTOR in the performance of the subject
matter of this Contract. In the event CONTRACTOR fails to obtain such indemnity obligations from
others as required here, CONTRACTOR agrees to be fully responsible according to the terms of
this section.
Failure of DISTRICT to monitor compliance with these requirements imposes no additional
obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation
to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or
heirs of CONTRACTOR and shall survive the termination of this Contract or this section.
35. Permits. The CONTRACTOR shall obtain from DISTRICT, City, County, State,
Federal or other responsible public agencies all licenses and permits, and pay all fees related
thereto, necessary to complete the job.
36. 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 DISTRICT unless such
assignment has had prior written approval and consent of the DISTRICT and the Surety.
37. Safety and Site Condition. CONTRACTOR shall perform all operations with due
regard for safety and in strict compliance with all applicable laws slating thereto. It shall be
CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also
be CONTRACTOR'S duty to dust - palliate all working areas and access routes, if applicable. All
operations shall be conducted by CONTRACTOR so that no fire hazards are created.
38. Utility Location. DISTRICT acknowledges its responsibilities with respect to
locating facilities pursuant to California Government Code Section 4215.
39. Trenching. If this Contract involves digging trenches or other excavations that
extend deeper than four feet below the surface, CONTRACTOR shall promptly, and before the
following conditions are disturbed, notify the District Engineer in writing, of any:
(a) Material that the CONTRACTOR believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(b) Subsurface or latent physical conditions at the site differing from those indicated.
(c) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the Contract.
(d) The District Engineer shall promptly investigate the conditions, and if he finds that the
conditions do materially so differ, or doinvolve hazardous waste, and cause a decrease or
increase in the CONTRACTOR'S cost of, or the time required for, performance of any part
of the work, shall issue a change order in accordance with the procedures described in this
Contract.
(e) In the event that a dispute arises between District Engineer and the CONTRACTOR
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the CONTRACTOR's cost of, or time required for, performance of any part of the
work, the CONTRACTOR shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all work to be performed under the
Contract. The CONTRACTOR shall retain any and all rights provided either by contract or
by law, which pertain to the resolution of disputes and protests between the contracting
parties.
40. Notices. The parties hereto agree that all formal notices required by this Contract
may be provided to the following persons at the following addresses by sending the same by
certified or registered mail as follows:
DISTRICT: General Manager
Costa Mesa Sanitary District
628 W. 19th Street
Costa Mesa, California 92627 -2716
CONTRACTOR: National Electrical Contractors, Inc.
14401 Sylvan Street 13101
Van Nuys, CA 91401
(818) 535 -8352
41. Effect of Invalidity. The invalidity in whole or in part of any provisions hereof shall
not affect the validity of any other provision.
42. Gratuities. CONTRACTOR warramsthat neitherit noranyofits employees, agents
or representatives has offered or given any gratuities to DISTRICT'S employees, agents or
representatives with a view toward securing this Contract or securing favorable treatment with
respect thereto.
43. Conflict of Interest. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any architect, engineer or other preparer
of the plans and specifications for this project.
44. Copeland " Anti - Kickback" Act. If applicable to this Contract, CONTRACTOR and
its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC
Section 874), as supplemented in Department of Labor regulations, which Act provides that each
Contractor shall be prohibited from requiring, by any means, any person employed in the
construction, completion or repair of any public work, to give up any part of the compensation to
which he is otherwise entitled.
45. Final Closeout Agreement and Release of All Claims. Priorto filing the Notice of
Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout
Agreement and Release of All Claims, should. the District make this request of CONTRACTOR.
46. Guarantees. CONTRACTOR Shall and hereby does guarantee all workfora period
of one (1) year after the date of filing of the Notice of Completion and shall repair and replace any
and all such work, togetherwith any other work which may be displaced in so doing that may prove
defective in workmanship and /or materials within the one (1) year period from date of the filing of
the Notice of Completion, without expense whatsoever to the DISTRICT, ordinary wear and tear
and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned
conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to
proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who
shall pay the cost and charges therefor immediately on demand.
47. Job Progress. CONTRACTOR agrees to maintain a critical path analysis
throughout the project, CONTRACTOR agrees to meet with the District Engineer on a weekly or
other periodic basis, of as requested by the District Engineer to review job progress.
CONTRACTOR agrees to provide District Engineer with critical path analysis documentation
wheneverjob progress is impacted so that the completion date may be affected or whenever delays
or other impacts may give rise to CONTRACTOR'S claim for additional days or additional damages.
Delay and other claims of damages based on CONTRACTOR'S planned early completion are
prohibited.
48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy
rs
Five Thousand Dolla ($375,000.00), the provisions of Public Contracts Code Section 20104 at
seq. (Article 1.5 — Resolution of Construction Claims) shall be followed.
49. Notice to Contractor of Claims. DISTRICT shall provide notice to CONTRACTOR
upon receipt of any third -party claim related to the Contract.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year
first above written.
/ /i
...r��J1�1,r�./
APPROVED AS TO FORM:
Colin R. Burns
Associate District Counsel
COSTA MESA SANIT RY DISTRICT
Mich I Scheafer
President of the Boa of Directors
CONTRACTOR
NATIVN AL ELE C—i R \CAL
Name: %nIc.
Address: IN401 S`JLVH�J ST. *Iol
VAQ uUYS, CA c11"O1
APPROVES TO CONTENT: By:
Robin B. Harriers
District Engineer
STATE OF CALIFORNIA) ss (INDIVIDUAL) /(CORPORATION)
COUNTY OF )
On , 2015, before me, the undersigned, a Notary Public in and for said
state, personally appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged tome that he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity on
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Callfornia All-Purpose Certificate of
A notary public or other officer completing this certificate ved&es only the identity of the individual who signed the
document to which this certificate is adached, and not the truthfulness, accuracy, or validity of that document.
State of California �/ r
County of /'OLI
before me,
pp NemedNINmy PUbliq )'ills
personally appeared 0/1 N!✓k9 / /0''
Name ofalgnar t1j
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that he /she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws y]yYWWWr����
of the State of California that the foregoing paragraph is JACKIE ALNIII
true and correct. commelon ♦ 2081746
Notary Public - California
WITNESS my hand of official seat Los Angeles County
?jr/ A/f . ! / l f s QMV Comm. Ea res Jan 17 pg1B
Publ'm Seel
OPTIONAL INFORMATION
Although itre infonna ?ton in This s,'01011 is not requoed by law, it could prevent Irsfudulent remove/ arzd reakaohmenl of
;;ttc .mckno!w.- dyrnertt to an ue)aufhonzed document and may prove useful to persons reVng on the aftachod dooumenf
Description of Attached Document
The preceding Certificate of Acknowll gment is§cached toy.
document litledflorthe purpose of r —UN7 "A Gj
containing / (Cpages, and dated
The signer(s) capacity or authority is/are as:
k norvidual(s)
❑ Attorney -in -fact
❑ Corporate GKCer(s)
G Guardian/Conservator
❑ PaMer- LimitedlGeneml
❑ Trustee(s)
Other
representing:
NnmelSal kbmm(n EnilyGee) &pnatlsn[Vrese�ng
K I', Nlinry I.2' r, Centef -
Method of Signer Identification '
Pmved to me on the Lei. 0 Wisfectory aIldsrce:
❑ form(.) of Idantifice6on ❑ credtble Mr.ea(e.)
Notarial ovent is cretatetl in notary jmmel on
Page #_ Entry#_
Ncterycontect
other
❑ AJdifional Signer ❑ Signer(.) Thumbprints(.)
You _a1 ourtltase con ea of flh'a form from n tan u fo m ..... T„enewe....c,
(Notary Public)
REQUEST FOR CHANGE ORDER RCO No.
(Payment or Time)
NOTICE: Conditions arising that would support a request for payment for additional work or time extension must be
brought to the District's attention within ten (10) days, and a Request for Change Order for additional work /time
extensions must be filed within fifteen (15) days. THIS FORM MUST BE USED. (See Contract Section 5.)
Circumstances supporting payment for additional work/time-
Describe why payment should be granted. Attach any more detailed discussion, with backup documents as an
exhibit. (Remember: damages have been contractually limited on this job. See Section 28 of the Contract.)
1 Describe the delay and why a time extension is appropriate. Provide any backup documents as may be
necessary to support the request. You must demonstrate how the critical path was impacted.
Submitted by
Construction Manager's Approval: Engineer's Approval:
By: By:
NOTE: Approval of this request for change order is only effective upon District approval of the change order.
Change Order approved/denied by:
FAITHFUL PERFORMANCE BOND
PAGE
Bond No. 10021436
Premium: $4,934.00
Premium is for contract term
and is subject to adjustment
based on final contract price.
COSTA MESA SANITARY DISTRICT
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and
sanitary district, by minute order of the Board of Directors, adopted on FEBRUARY 26, 2015, has
awarded to
National Electrical Contractors, Inc.
14401 Sylvan Street #101
Van Nuys, CA 91401
hereinafter designated as the "Principal" Contract No. CMSD PROJECT NO. 196 -D for the
work described as follows: INSTALLATION OF NATURAL GAS GENERATOR FOR IRVINE PUMP
STATION. Said Contract and all of its obligations, covenants, terms and conditions are fully
incorporated herein by reference.
WHEREAS, the said Principal is required underthe terms of said Contract to furnish a bond
for the faithful performance of said Contract, including a one year guarantee of the work performed.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
Hudson Insurance Company - 23901 Calabasas Road Suite 1085, Calabasas CA 91302
(NAME AND ADDRESS OF SURETY)
Duly authorized to transact business under the laws of the Slate of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: One Hundred
ninety -six thousand, seven hundred nine Dollars ($196,709.00), said sum being not less than one
hundred (100%) percent of the Contract price for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the above burdened Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions
and agreements in the said Contract and any alteration thereof made as therein provided, on his or
their part, to be kept and performed, at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save harmless the
Costa Mesa Sanitary District, its offices and agents, as therein stipulated, then this obligation shall
become null and void, otherwise it shall be and remain in full force and virtue. This obligation covers
a one year guarantee on work performed after said work has been completed. The one year period
shall commence on the date the Notice of Completion has been recorded.
In case suit is brought upon this bond, Surety further agrees to pay all court costs and
reasonable attorneys' fees as fixed by the court.
FAITHFUL PERFORMANCE BOND
PAGE
Bond No. 10021436
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of lime, alteration or addition to the terms of the Contract Documents or to the work to be
performed thereunder shall in anyway affect its obligations on this bond, and itdoes herebywaive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the work.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 18th
day of February ,2015.
National Electrical Contractors, Inc.
Contractor Name
14401 Sylvan Street, #101
Street Address
Van Nuys, CA 91401
City, State, Zip Code
PRINCIIPPAL
By:. /��/
Company Representative
In accordance with the Contract for CMSD Project #196 -D, Installation of Natural Gas Generator for
Irvine Pump Station all bonds shall be issued by an admitted surely insurer and the District reserves
the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
Hudson Insurance Company
Name
23901 Calabasas Road, Suite 1085
Street Address
Calabasas, CA 91302
City, State, Zip Code
SURETY
By: �v
Com�panp epres e
Uavid Noddle, Attorney in Fact
APPROVED AS TO FORM:
Colin R. Burns, Associate District Counsel
Costa Mesa S tary trip
By /s/
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
County o
State of California Los Angeles I
On
FEB 18 2015
before me, Christopher John Rizzotti, Notary Public
(insert name and title of the officer)
personally appeared David Noddle
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she/they executed the same in
his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m h' d and official seal.
Signature (Seal)
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COMPANY PROFILE
Company Information
HUDSON INSURANCE COMPANY
100 WILLIAM STREET, STH FLOOR
NEW YORK, NY 10038
800- 996 -2099
Old Company Names Effective Date
Agent For Service
NANCYFLORES
C/O CT CORPORATION SYSTEM
818 WEST SEVENTH STREET
LOS ANGELES CA 98017
Reference Information
NAIC #:
25059
California Company ID
Date Authorized in California:
12/30/1980
License Status:
UNLIMRED- NORMAL
Company Type:
property &Casualty
State of Domicile'.
DELAWARE
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NAIC Group List
NAIC Group #: 0158 FAIRFAX FINANCIAL
Lines Of Business
The company is authorized to transact business within these Imes of Insurance.
For an explanation of any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
Page 1 of 2
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Company Profile
SURETY
TEAM AND VEHICLE
WORKERS'COMPENSATION
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2008 California Department of Insurance
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PAYMENT BOND
PAGE
Bond No. 10021436
Premium Induced with
Performance Bond COSTA MESA SANITARY DISTRICT
PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:
THAT, WHEREAS, the COSTA MESA SANITARY DISTRICT, a municipal corporation and
sanitary district, by minute order of the Board of Directors, adopted on February 26, 2015, has
awarded to
National Electrical Contractors, Inc.
14401 Sylvan Street #101
Van Nuys, CA 91401
hereinafter designated as the "Principal ", Contract No. CMSD PROJECT NO. 196 -D forthe work
described as follows: INSTALLATION OF NATURAL GAS GENERATOR FOR IRVINE PUMP
STATION. Said Contract and all of its obligations, covenants, terms and conditions are fully
incorporated herein by reference.
WHEREAS, said Principal is required by the provisions of said Contract and of the Civil
Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and
Hudson Insurance Company - 23901 Calabasas Road, Suite 1085, Calabasas, CA 91302
(Name and Address of Surely)
Duly authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of: One Hundred
ninety -six thousand, seven hundred nine Dollars ($196,709.00), said sum being not less than one
hundred (100 %) percent of the estimated amount payable under the terms of the Contract for which
payment well and truly be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his
subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to
pay any of the persons named in Section 3181 of the Civil Code of the State of California for any
materials, provisions, provender or other supplies used in, upon, for or about the performance of the
work contracted to be done, or for any work or labor performed by any such claimant or any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the
wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of
the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay for
the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is
brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall
inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to
give a right of action to them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE
Bond No. 10021436
Further, the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or modification of the Contract Documents or of the work to be
performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice
of any and all such changes, extensions of time, and alterations or modifications of the Contract
Documents and /or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 18th
day of February 2015.
National Electrical Contractors, Inc.
Contractor Name
14401 Sylvan Street, #101
Street Address
Van Nuys, CA 91401
City, State, Zip Code .
PRINCIPAL
By: �-
Company Representative
In accordance with the Contract for CMSD PROJECT #196 -D INSTALLATION OF NATURAL
GAS GENERTOR FOR IRVINE PUMP STATION, all bonds shall be issued by an admitted
surely insurer and the DISTRICT reserves the right to object to any such surety, in accordance with
Code of Civil Procedure Section 995.660.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
Hudson Insurance Company
Name
23901 Calabasas Road, Suite 1085
Street Address
Calabasas, CA 91302
City, State, Zip Code
SURETY
By: r
Company Represlentatrve
David Noddle, Attorney in Fact
APPROVED AS TO FORM:
Colin R. Burns, Pqssociate District Counsel
Costa Mesa S (tary his �Ict
By /s/
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State
County unt Y o Los Angeles )
FEB 18 2015
AM
before me, Christopher John Rizzotti, Notary Public
(insert name and title of the officer)
personally appeared David Noddle
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m h d and official seal.
Signature (Seal)
Bond Number: 10021436
C DSONHUDSON
AViAgNr 1JR01 +l'
POWER OF ATTORNEY
KNOW ALA. MIEN 13Y 'THESE PRESENTS: That IIUDSON INSURANCE COMPANY,. corporation of the State of Delaware, with
offices a 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute
and appoint
David Noddle
ofthestateor CA
its true and law Ial Anomcy(s1 -in -Fact, at New York, New York, each a them alone to have full power In act without the other at others, to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals. extensions, agreements, waivers, consents a stipulations relating to such bonds or undertakings provided, however, that no single
bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of
One Hundred Ninety Six Thousand Seven Hundred Nine Dollars ($196,709.00)
Such bonds and undertakings when duly executed by said Aoomey(s)- in-Fact shall be binding upon said Company as fully and to the sane
extenl m if signed by the Posidenl ufsaid Cnal under it, corporate seal attested by its Secretary.
In Witness Wberenf, HUDSON INSURANCP. COMPANY has caused these presents to be of its Executive Vice President thereunto duly
authorized, on this -31st day of October , 2013 _ at New York, New York.
n
v
al
HUDSON INSURANCE COMPANY
1441 ' (/vGS . ✓/�` ' [F. ..._.
Umx Ix is ChristopherT.Sa.,-
Carparme Secretary Executive Vice President
STATE OF NEW YORK
COUN'T'Y 01' NEW YORK. SS.
On the — 3 In1 doy of October , 2013 before me ......ally came Christopher T. Suarez to and known, who being by me duly swoon did
depose and say that he Is an Executive Vice resident of OUDSON INSURANCE COMPANY, the c oration bed h e a and wh ch executed the above
Diva
1 that h knows the al f id Corporation, that the set] 11 d a said er I cat s with co re I that its afTxed by order of the Booed of
Director, afsad C ry at l he 1enamelherela by like aide,
03JPpNHM SIGN y y7i�iy ..
(Fraud Seat) �����`yyySSIONF ••, �i� �N. rvhe II
Mya l0,i NotaryVUin cal'Nw York
o lI sa 9N• No 01 M116 553 .
� _ Qruluiedin Nelson COmny
*; WIIRJW67553 : � Commissioa Expires Dedel 10, 2017
STATE OF NEW YORK
COUNTY OFNEW YORK
CERTIFICATION
The undersigned Dan. Daskxlakis hereby confine,'.
that the original resolution, trench the follawar is a true and correct copy, was duly adopted by unanimous contain consent of the Board of Directors of
1hown insurance Company dated July 27s, 2007, and has nil sines bran revoked, ananded or modified
'RESOLVED, that the Presidcnt the Excanivc Vice Presidents, the Senior Vice Presidents and the Vice Presdents shall have the authority and
discretion, a appoint such agem or agent, at attorney or ricand s -in -fact Ibr the purpose of carrying oa 1Ms Comi surety business, and to
empower such agent or agents, or attorney or atlooev, at fret 1. wood and deliver, undar this Coat ry°s soil - mhcnvim, bands obligations, and
ewgn., roues, whether nrWe by its Company se musty thereon or otherwise. indemnity contacts, contracts and certificates, and any and of other
contacts and undertakings made in the course of this Contra, a such, business, and renewals, extensions, agreements, waivers, consents or simulations
regarding undertakings an made', and
FURTHER RSSOV LED, that the ... ..tors of any such Officer of the Company and the Company s scat may be aBlxed by facsimile to any power
of l terow or certification given far the execution of any bond, entered, in.. recognisance, tomme, of fndemnil, ar other wdtten obligation is the nature
thater or rallied thereto, such signature and seal when as used whether heretofore or Front being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be vAid end binding upon the famous, With the same force and effect as though
manually affixed"
'I 'HA I the above and foregoing is a full, etc and correct copy of Poster of Attorney issued by said Company, and of the whole of the .......I and that the
said Power of Attorney is sill I in full farce and .Red and has not been revoked, and Rmhermorc that the Recalcitrant of the Board of Directors, set fail in the said
Power or Anemay is now .a fit.,- 1Ath February 2015
Witness the hand of the undersigned and the seal of said Corporation this _de of M 20
to 1
it
of.. D , .us Ccaptrmc Secretory
20101v I)
CERTIFICATE OF LIABILITY INSURANCE
2/17/o° 5 "'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cartificate holder Is an ADDITIONAL INSURED, the pollcylies) must be andomed. If SUBROGATION IS WAIVED, subject to
the tome and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the
certificate hostler in lieu of such encion ennent(s).
PRODUCER
California Southwestern Insurance
License Number 0443354
21 Orchard
Lake Forest CA 92630
NA EA Veronica Vazquez, CISR
PHONE (g4g)472 -6560 Ay:(94 91 588 -8 3<B
nmrii ,wazquezB CSia -ins. com
INSURE s ATFOROING COVERAGE
SAID
INSURER . C.l.mV Insurance Company
UNITS
INSURED
National Electrical Contractors, Inc.
P.O. Box 3098
,Van Nuys CA 91407
INSURERB:United Financial Casualty
INSURER C:
INSURER O:
INSURER E
$ 1,000,000
INSURER F:
COMMERCIAL GENERAL UABILRV
OINMSMADE OOCCUR
COVERAGES CERTIFICATE NUMBERGL 2014 -2015 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Meq
TYPE OF INSURANCE
III NUMBER
PO4CY EFF
M
PIXICYE %P
Mm0
UNITS
GENERAL LABIUW
EACH OCCURRENCE
$ 1,000,000
A
COMMERCIAL GENERAL UABILRV
OINMSMADE OOCCUR
01MOD0240600
1 /I0/2014
1/18/2015
ARE I E o
S 100,000
MEDEXP(AJ,mocemon)
1 5,000
PERSONALa AOVINJURY
$ 1,000,000
GENERALAGGREGATE
$ 2,000,000
OF TL ADGRII
LIMIT APPUESPER:
PRI- COMP/OP AGO
$ 2,000,000
E POLICY
PR LOC
$
AUT OMLE LMBIUTY
Ea emINe051NGLE
11000,00
BODILY INJURY (Par person)
$
B
X PNYAIITO
ALL OWNED SCHEDULED
AUTOS AUTOS
35170510
/17/2015
/17/2016
BCDaY INJURY(Por emeem)
$
pgOPERT'DAMAGE
$
XIREO AUT06 NORO WNEO
UMBRELLA UAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS WB
CLAIMSMAOE
DEC RETENTIONS
ID
WORNERS COMPENSATOR
NCSTATLL OT
ANDEMPLOYERS'UABILIV ylN
MY PROPRIETOWPARTNERIEXECUTIVE❑
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8
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DESCWWIQV OF OPERATIONS ecbw
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1 $
DESCRIPTIONOFOPERATIONSI O MONSIV HiaMabmch ACORD 101, Additional MmeMs Schedule, If more since Is nquiW)
Certificate holder ie named as tlditional insured Per attached endorsement U156AD9313.
Costa Mesa Sanitary District
Attn: Mr. Rob Harmers, BE
628 N. 19th Street
Costa Mesa, CA 92627
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTIORQEO REPRESENTATVE
Iteyes /LFR = �%'O°`" r�ai
INS025 ISnl MS, n1 THC aCrinn namn a nrl inn n a ro ronletnwtl —1,. nE anrinn
101 GL 0002406 -00
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS - BLANKET COVERAGE
INCLUDING PRIMARY / NON - CONTRIBUTORY
AND WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) or Organization(s)
I
Additional Insured):
Locations of Covered Operations:
All persons or organizations as required by a written
Locations as required by a written contract or
contract or agreement with the named insured.
agreement with the named insured.
A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule for whom you are performing operations when you and such
person or organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization is an
additional insured only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1, your acts or omissions; or
2. the acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s)
designated above.
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions apply:
This insurance does not apply to:
Additional Insured Contractual Liability
"bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages
by reason of the assumption of liability in a contract or agreement.
Finished Operations at Work
"bodily injury" or "property damage" occurring after:
1. all work, including materials, parts or equipment furnished in connection with such work, on
the project (other than service, maintenance or repairs) to be performed by or on behalf of the
additional insured(s) at the location of the covered operations has been completed; or
2. that portion of "your work" out of which the injury or damage arises has been put to its
intended use by any person or organization.
Negligence of Additional Insured
"bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional
insured(s).
U156A -0313 Includes copyrighted material of ISO Properties, Inc., Page 1 of 2
with its permission.
101 GL 0002406.00
C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is
amended and the following added:
The insurance afforded by this Coverage Part for the additional insured required by a written contract
or agreement with the named insured is primary insurance and we will not seek contribution from any
other insurance available to that additional insured.
D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of
Recovery Against Others To Us is amended and the following added:
We waive any rights of recovery we may have against any person or organization because of
payments we make for injury or damage resulting from your ongoing operations or "your work' done
under a contract with that person or organization and included in the 'products- completed operatiors
hazard" if:
a. you agreed to such waiver;
b. the waiver is included as part of a written contractor lease; and
c. such written contract or lease was executed prior to any loss to which this insurance applies.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
U156A -0313 Includes copyrighted material of ISO Properties, Inc., Page 2 of 2
with its permission.
CERTHOLDER COPY
SC
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 02 -17 -2015 GROUP:
POLICY NUMBER: 8018812 -2014
CERTIFICATE 16 5
CERTIFICATE EXPIRES: 07-01 -2015
07- 01- 2014/07-01-2015
COSTA MESA SANITARY DISTRICT SC
528 W 19TH ST
COSTA MESA CA 92827 -2718
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer.
We will also give you 10 des advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1800 - WIROONIAN, SOHRAB P,S T - EXCLUDED.
EMPLOYER
NATIONAL ELECTR CONTRACTORS INC AND /OR SC
HAROONIAN, SOHRAB
PO BOX 3098
VAN NUYS CA 91407
[JAM,CSI
REy.7 -20141 PRINTED : 02 -17 -2015
COSTA MESA SANITARY DISTRICT
ORANGE COUNTY. CALIFORNIA
BID PROPOSAL FORM
Installation of Natural Gas Generator for Irvine Pump Station
Project No. 196 -D
NameofBidder: &PM0WAL £L£G'rR1CAL CONTRAC—IORSr It1C.
Address: 14401 SYLVAVA S -MEL-T Wo. 101 VAtA AI0 CA 91LIO/
Phone No.: (ca1q) 535,8357-
TO THE BOARD OF DIRECTORS
COSTA MESA SANITARY DISTRICT
Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and the other documents
relating thereto, the undersigned bidder has carefully examined and is completely familiar with the plans,
specifications, and contract documents including the local conditions affecting the performance of the
contract, the character, quality, quantities, and scope of the work, and the materials to be furnished as to
the requirements of the specifications and the contract.
If awarded the contract, the undersigned bidder hereby proposes and agrees to perform within
45 WORKING DAYS, including all of its component parts and everything required to be performed,
and to ftnmish any and all of the labor, material, tools, equipment, transportation, services, permits,
utilities, and all other items necessary to perform the contract and complete in a workmanlike manner, all
of the work required in connection with the construction of said work all in strict conformity with the
plans and specifications and other contract documents, including addenda Nos.:_, and
on file in the District office for the prices hereinafter set forth.
The undersigned as bidder, declares that the only persons or parties interested in this proposal as
principals are those named herein; that this proposal is made without collusion with any person, firm, or
corporation; and he proposes and agrees, if the proposal is accepted, that he will execute a contract with
the District in the form set forth in the contract documents and that he will accept in full payment thereof
the following prices, to wit:
CMSD Project No. 196 -D Bid Proposal Form — 1 of 10
CMSD SEWER PROJECT NO. 196 -D
Installation of Natural Gas Generator for Irvine Pump Station
SCHEDULE OF WORK ITEMS (SCHEDULE A)
BID
APPROX.
DESCRIPTION
UNIT
TOTAL
ITEM
QUANTIT Y
PRICE
AMOUNT
I
Lump Sum
Bonds, Insurance, and Permits: Work under this item
includes any costs incurred for securing bonds, insurance
"jt 1d�.00
permits and financing for construction work.
Lump Sum
S
2
Lump Sum
Mobilization, Demobilization and Cleanup: Work under
this item shall include preparatory and cleanup operations
including; but not limited to, those necessary for the
movement of personnel, equipment, materials, and
incidentals to and from the project site, securing a
temporary construction yard, and maintaining the project
site in a safe and orderly manner during construction.
Lump Sum
_
$ 7i DODO
3
Lump Sum
Install Conduits & Electrical Equipment
Work under this item shall be all inclusive and include, all
labor, material, and equipment for a complete installation,
including but not limited to, excavation of asphalt or
concrete surface, laying of conduits, replacement of full
depth asphalt paving, replacement of concrete paving with
6" reinforced concrete with 44 bars at 18" on center each
way, core drilling through wall and attaching conduit to
wall, new transformer, automatic transfer switch,
disconnect, panel, gas line, any and all connections to
existing electrical enclosure and new generator, wiring,
etc., for a complete and turnkey installation whether or no
items herein.
,$ O �^�
are specifically mentioned
Lump Sum
$ 9
4
Lump Sum
Prepare Generator Site
Work under this item shall be all inclusive and include
famishing and installing any and all labor, material, and
equipment necessary for constructing a fully prepare
generator area, including but not limited to, relocation of
compressor, construction of block wall, construction of
housekeeping pad, relocation of trash bin, construction of
new fences and gates, painting, constructing exhaust lines,
etc., for a complete and turnkey project.
each
$ /
CMSD Project No. 196 -D Bid Proposal Form -2 of 10
93
0D
CMSD SEWER PROJECT NO. 196 -D
Installation of Natural Gas Generator for Irvine Pump Station
SCHEDULE OF WORK ITEMS (SCHEDULE A)
BID
APPROX.
DESCRIPTION
UNIT
TOTAL
ITEM
QUANTIT Y
PRICE
AMOUNT
5
Lump Sum
Provide and Install Generator
Work under this item shall be all inclusive and include
furnishing and installing any and all labor, material, and
equipment necessary for constructing a fully operational
natural gas generator, including but not limited to,
purchase and installation of new natural gas generator,
connections to conduits and natural gas source, wiring,
coordination with Gas Co., provisions for temporary
power if necessary to prevent a sewer overflow,
registration, testing, and coordination with District
personnel.
Lump Sum
6
Lump Sum
Construct Parking Lot Slurry Seal and Restriping
Work under this item shall be all inclusive and include
furnishing and installing any and all labor, material,
equipment, traffic control, etc, to slurry seal and restripe
parking lot.
Lump Sum
$&L2179-1
TOTAL AMOUNT OF
ITEMS 1 THROUGH 6
Lump Sum
$
(TOTAL IN WORDS- SCHEDULE A)
Bidders Initials
In case of a discrepancy between the words and figures, the words shall prevail.
The Contractor agrees that the District will not be held responsible if any of the approximate quantities
shown in the foregoing proposal shall be found incorrect, and he shall not make any claim for damages
or for loss of profits because of a difference between the quantities of the various classes of work as
CMSD Project No. 196 -D Bid Proposal Form - 3 of 10
09'a J
estimated and the work actually done. If any error, omission or mis- statements shall be discovered in
the estimated quantities, it shall not invalidate this contract or release the Contractor from the
execution and completion of the whole or part of the work herein specified, in accordance with the
specifications and the plans herein mentioned and the prices herein agreed upon and fixed therefor, or
excuse him from any of the obligations or liabilities hereunder, or entitle him to any damages or
compensation otherwise than as provided for in this contract.
The Contractor agrees that the District shall have the right to increase or decrease the quantity of
any bid item or portion of the work or to omit portions of the work as may be deemed necessary or
expedient, and that the payment for incidental items of work, not separately provided in the proposal
shall be considered included in the price bid for other various items of work,
CMSD Project No. 196 -D Bid Proposal Form — 4 of 10
Accompanying this proposal is 3 1 Q D t (Lt S %30 Y�)
(S 00
NOTICE: Insert the words "Cash ", "Certified Check ", or "Bidder's Bond", as the case may be in an
amount equal to at least 10% of the total bid price, payable to the Costa Mesa Sanitary District.
The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be
forfeited to the Costa Mesa Sanitary District as liquidated damages in case this proposal is accepted by
the District and the undersigned shall fail to execute a contract for doing said work and to furnish good
and sufficient bonds in the form set forth in the specifications and contract documents of the District
with surety satisfactory to the District within 10 Days after the bidder has received written notice of the
award of the contract; otherwise, said security shall be returned to the undersigned.
N r\-6 hL 6Le C-ce�c AL- Respectfully submitted,
e ONT2ACTORS, ItJ C. 5o HRA6 HA200,Ji Alt,) DFVJ-F
Contractor's Business Name n actor Title
14401 Sy WAr4 S-V%?e FPt01 �4 Vie rsl oe"-r
Business Address: Street By: Title
vna OV45 CA g140I sl (oas3 CIO, A, 5 [ )LP. o1b /31/dOli
City State Zip Contractor's License, Expiration
8352 Date & Classification
CSIa) 535-
Business Phone Number
SOHRAB NA2oo,JtAr/ pVZE51pe14 T
Name Title
(8t9) 2G� -3S48
Residence Phone Number
51iW -cRmPA Avc1JJ�-
Bidder's Residence: Street
— M- aZ.A,JA CA C1 1 3 S (,
City State Zip
I declare under penalty of perjury under the laws of the State of Califomia that the forgoing is no
and correct.
rtu _
Dated at \V\u uUYS, CA , this � � day of J Ph1 20 ( N
Signed)
The full names and residences of all persons and parties interested in the foregoing proposal, as
principals, are as follows:
NOTICE: Give first and last names in full; in case of corporation, give names of President, Secretary,
Treasurer and Manager, and affix corporate seal; in all cases of partnerships and joint ventures give
names of all the individual members.
CMSD Project No. 196 -D Bid Proposal Form - 5 of 10
wA—f iyr/q( t'L66MCAL CO+� "ttAC%11K5. //Vt. 64 CQ L11 --dl ;4 COBFvaATW
504 t?tgA H;gJZ0onli4la
SONRAJ3 HAROOn;,,,)
SO"Aa Hfraoo/IIA✓
C-1a VS NAROO All And
5i:c2�c .z
i n eASVa�4
CMSD Project No. 196 -D Bid Proposal Form— 6 of 10
CONSTRUCTION PROJECT REFERENCES
In order to more fully evaluate your background and experience for the project herein proposed, it is
requested that you submit a list of Public Works and/or similar construction projects completed, or in
progress, within the last 24 months. Your cooperation in this matter is greatly appreciated.
DATE PROJECT AGENCY'S CONTRACT
AWARDED AWARDING AGENCY y .ADMINISTRATOR
• THROUGH Koar Z.Aaol3 Las P'"=
i
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AND C0m QLZ-rFD Ovc2 1,00 ELTC iZLcAL PILO,S�cT$ Ls„I TNd VxCeSS VAW6 o
'1,SJ0.099 VACN. YeA2,.= eLLewld4 'Irj ?,)mAL = plto.\'<Li pd7 NAm60M
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PROJECT ADDENDA
Bidder shall signify receipt of all Addenda here, if any:
ADDENDUM NO, DATE RECEIVED BIDDER'S SIGNATURE
t�
One-
CMSD Project No. 196 -D Bid Proposal Form - 7 of 10
DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 41004113
of the Government Code of the State of California, and any amendments thereto, each bidder shall set
forth below the name and location of the place of business of each Subcontractor who will perform
work or labor or render service to the prime Contractor in or about the construction of the work or
improvement in an amount in excess of 1/2 of 1% of the prime Contractor's total bid and shall further
set forth the portion of the work which will be done by each such Subcontractor. Only one
Subcontractor for each such portion shall be listed.
If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under
the contract, he shall be deemed to have agreed to perform such work himself, and he shall not be
permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which no Subcontractor was designated in
the original bid, shall only be permitted in cases of public emergency or necessity, and then only after a
finding reduced to writing as a public record of the Legislative Body of the owner.
Portion State Licence
Of Work Subcontractor's Name and Address Number Class
saw- cutrt�ct% _SA�/rvlan/ e0fe40�" ST339) ✓ Dam
CORE QQ4 LLt�& Cu<tI lc- IrIG
1158', t.000f�Cncic p.J ,
SAS FMWArsDi; CA 91NO
eN�t 2 coLLyCULT Ea =x(,� Szltu�f :Grj N `4 $'� 1) ICIL a
Ssl Ppl tea SOPPIiER ol. l44i(,e4L FaA 101
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Iga„ �eLLS PLA�x
Cos'I`R m�sA, CA �t�..621
CMSD Project No. 196 -D Bid Proposal Form - 8 of 10
NON - COLLUSION AFFIDAVIT
The bidders, by its officers and agents or representatives present at the time of filing this bid, being
duly sworn on their oaths say, that neither they nor any of them have in any way, directly or
indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer
of Costa Mesa Sanitary District whereby such affiant or affiants or either of them has paid or is to pay to
such bidder or public officer any sum of money, or has given or is to give to such other bidder or public
officer anything of value whatever, or such affiam or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or bidder, which tends to
or does lessen or destroy five competition in the letting of the contract sought for on the attached bids;
that no bid has been accepted from any Subcontractor or supplier through any bid depository, the By-
Laws, Rules, or Regulation of which prohibit or prevent the Contractor from considering any bid from
any Subcontractor or supplier which is not processed through said bid depository, or which prevent any
Subcontractor or supplier from bidding to any Contractor who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or character other than that
which appears upon the face of the bid will be suggested, offered, paid or delivered to any person of the
contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person
whomsoever to pay, deliver to, or share with any other person in any way or mamier, any of the
proceeds of the contracts sought by this bid.
NATio✓AL c /GCTiZiCac (oo✓iracforr
Se RA %��211IIiz�Cn, PRF$Ip�N-`
Subscribed and swoon to before me by:
,So�' ros� dR(—O hnI R Y)
This �dayof Jqy qR 20 \5
My Commission a ptres:I ,, '�/ TT rr
GiTd� ,/U /0.`j
Notary Public
CMSD Project No. 196 -D Bid Proposal Form — 10 of 10
notary public or other officer completing this
rtifcate verifies only the identity of the individual
to signed the document to which this certificate
attached, and not the truthfulness, accuracy, or
State of California
County of LOS ANGELES
Subscribed and sworn to (or affirmed) before me on this 16TH
day of JANUARY , 20 15 , by SOHRAB HAROONIAN
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me.
MICHAEL S. KAACOW
Commission N 2027049
'a -a Notary Public - California i
= Los An0eles County
My Comm. Expires Jun 29, 2017
(Seal) Signature
Bond No. 10021436
10% BIDDER'S BOND TO ACCOMPANY PROPOSAL
(Required if the bidder desires to submit bond instead of a certified or cashiers check).
KNOW ALL PEOPLE BY THESE PRESENTS:
That we. National Electrical Contractors, Inc.
as surety, are
principals. and
bound onto the Costa
Mesa Sanitary Disnier, a special district, organized tinder the laws of the State of California and situated
in Orange County in the sum M 10% of amount bid not to exceed Thirty Five Thou
(S 35 000.00 ) to be paid to the District, its successors and assigns. for which payment
well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors or
assigns, joint and severalty finely by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
'That if the certain proposal of the above bounden
National Electrical Contractors, Inc. is accepted by the Costa Mesa
Sanitary DistrieC and if the about bounden, Nationa E ec[rical Contractors, Inc. his
heirs, eaeiators, administrators, successors and assigns, shall duly enter into and execute a commer
for such construction, and shall execute and deliver the LABOR AND MATERIAL and the FAITHFUL
PERFM%LINCS BONDS described within 16 da ?x pot hmlod iig Sunday) from the date of the
mailing of a notice of die above bounden Na Tonal Electnca by and from District, that said
contract is ready for execution, then this obligation s a scums null and void; otherwise it shall be ani
remain in fiill force and virtue.
IN WITNESS WHEREOF:
We hereunto set our hands and seals this 16th day
of lanuary ,2015
National Electrical Contractors, Inc.
Hodson l surance Company " Ir z St O1CU�
T Ti' i�
David Noddle, Attorney in Fact
C'61SD Prolect No. t96•D Bid Proposal Form— 9 of 10
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Los Angeles
On JAN 161015
before me, Christopher John Rizzotti, Notary Public
(insert name and title of the officer)
personally appeared David Noddle
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his/hert heir authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and i al seal. _
Signature (Seal)
Bond Number: 10021436
0 HUDSON
.,. ANr I oltlrl'f
POWER OF ATTORNEY
KNOW ALL MEN 13Y "HIESE PRESENTS: That HUDSON INSURANCE COMPANY, compensation of the State of Delaware, with
offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute
and appoint
David Noddle
of the State of CA
its true and lawful Attomey(s) -in -Fall, at New York, New York, each of them alone to have full power to act without the other or others, to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals, extensions, agrccmeno. waivers, consents or stipulations relating to such bonds or undertakings provided, however, that re single
bond or undertaking shall obligate said Company for any portion of the penal Stan thereof in excess of the stun of
Thirty Five Thousand Dallas ($35,000.00)
Such bonds and undertakings when duly executed by said ADOmey(s) -in -Pact, shall be binding upon said Company as fully and to the same
extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
In Witness Whereof; I IU DSON INSURANCIi. COMPANY has caused these presents to be of its Executive Vice President thereunto duly
authorized, on this 31st day of October 2013 at New York, New York.
s al HUDSON INSURANCE COMPANY
foil
r
Dy V r
Uenn Christopher a Snare.
Corporate secretary Exewtive Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK. SS.
On the 31st defer October . 2013 before one personally came Christopher T. Suarez to me known, who being by me duly sworn did
depose and say that he is an Fsecutive Vice President of tlttDSON INSURANCE COMPANYjthe oration described he rein and which executed the above
insvumcnh that he knows th< seal of Sod CoToeutinn, that the seal affixed to said insdumem is sas sealthat it was so affxed by order of the Doerd of
semae knew, ef and C.`NzsN MdURPyy y (Natssial Seal) SIONp i Nltl
�. h1p,�9�x Notary PuMia' of wVork
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No 01MU .5553_ -
_�., _ Qualified is Nasnu County
yddjagir6 ? Commu, not Lxpir,s December 10, 2017
STATE OF NEW YORK
COUNTY OF NEW YORK
CERTIFICATION
The undersigned Dina Daskadhlf hereby certifies:
'Th.,th. original resolution, of which the Following is a true and coned copy, was duly adopted by unanimous written consent of the Board of Directors of
Hudson Insurance Company dated July 27s, 2007, and has trot since been revoked, asnendud or modified'.
"RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and
attention, to appoint such agent or agents, or attorney or attorneys -in fact, for the purpose of carrying on this Company's x.,cry oxinas, and to
empower such agent or agents, or attorney or attorneys -in -fact, to excess, and deliver, under this Compmy's seal or utbcwiee, bonds huh,aters, and
onuu,i.anccs, whether made by this Company as suety thereon or otherwise, indemnity contracts, contracts and renilicmes, and any and all other
contracts and undenakings mole in the worse el tha Company's surety business, and nnewrele, extensions, agreements, waivels, loosen¢ or stipulations
regarding undenakings so made, and
FURTHER RESOLLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by f csimilc in any power
of South. or certification given far the execution or any bond, undcnak i ag, recognizance, contract of indemnity or other written obligation in the nature
thereof or related thereto, such signature end seal when so used whether heretofore or hereaaer, being hereby adopted by the Company as the roghal
Signature .Pond, officer and the original seal of the Company, to be valid and binding upon the Company with the same farce and effect as though
ar nually affixed."
'I HA I'the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the
said Power of Annrney fie 11111 in full force and elEd, and has nor been revoked, and lbrthenoore that the Rcsolmion of the Board of Directors, set forth in the said
Pow„ of Attorney tone, at twice. 16th January 2015
Wimess the hand afore undersigned and the seat ofaaid Corpmatl nua on this der of ry ,20_
C�• naDSkah ,Carporna Secrnery
Yo 082010(,1)