19 - PROJECT 192 SYSTEM WIDE SEWER RECONSTRUCTION PHASE IIItem 19
COSTOX_ 9YEMSA9V77AR7�I�zSTiL1C`r
Memorandum
... an Independent SpeciaCDistrict
To: Board of Directors
Via: Scott Carroll, General Manager-*--�
From: Robin B. Hamers, District Engineer
Date: August 20, 2012
Subject: Project #192 System Wide Sewer Reconstruction — Phase II
Bid Opening & Recommendation for Award of Construction Contract
Summary
The District prepared plans and specifications for the second phase of reconstructing
the Grade 5 deficiencies in the District's sewer system. The results of the bid opening
are shown below with a recommendation for award.
Staff Recommendation
That the Board of Directors:
1. Award a contract to the lowest responsible bidder, Charles King Co., Inc., of
Signal Hill, in the amount of $188,825.00.
2. Approve a 10% contingency budget of $18,882.
Analysis
The District televised its entire sewer system from January 2006 to March 2009 and
found 255 Grade 5 sewer deficiencies. Grade 5 deficiencies require immediate
attention as the risk of failure is high and failures may result in sanitary sewer
overflows (SSOs). The Board of Directors chose to reconstruct these deficiencies in a
four -year period, however, this is Phase II and it appears the remaining Grade 5
deficiencies can be repaired during Phase III.
Protecting our community's fiea(tfi and the environment 6y providing solidwaste a ndsewercoffection services.
www. cnisd(ca.gov
Board of Directors
August 20, 2012
Page 2 of 3
The second phase does not include any manhole -to- manhole full length lining, and
most of the remaining Grade 5s can be repaired with one or two short sections of
lining so the cost for Phase II should be less than Phase I. In this phase 73 segments
with one or more Grade 5s are included and the Engineer's Estimate is $385,000.
Additionally, this type of work and the economic environment create a very competitive
bidding climate as can be seen in the bids below.
Bids were opened on 8/1/2012 and the results are as follows:
Engineer's Estimate $ 385,000
Charles King Co., Inc. $ 188,825
GCI Construction, Inc. 222,050
Pro -Pipe 257,350
Atlas Underground 347,754
Staff checked the licensing requirements and references for the low bidder, Charles
King Co., Inc., and found everything in order, therefore, a recommendation to award
the bid is being made.
Strategic Plan Element & Goal
This item complies with Strategic Plan Element 1.0, Sewer Infrastructure and Goal No.
1.4, System Wide Sewer Replacement and Repair Program. The strategy for this
Strategic Element states:
"We will do this by the careful management of the collection infrastructure using
prudent planning and maintenance, with financial strategies to maintain sufficient
capacity and respond to changing regulatory demands. "
Legal Review
District counsel prepared and signed the construction agreement.
Financial Review
Staff estimates the total remaining project costs, including the construction contract,
contingency and engineering contract administration /inspection services to be
approximately $226,524 compared to current available funds in the amount of
$1,115,300. At the completion of the project, any unused funds will be transferred
back to the Asset Management Fund.
Board of Directors
August 20, 2012
Paqe 3 of 3
Public Notice Process
Copies of this report are on file and will be included with the entire agenda packet for
the August 20, 2012 regular Board of Directors meeting at District Headquarters and
on the District website.
Alternative Actions
1. Do not award the project to Charles King Co, Inc.
2. Refer the matter back to staff for additional information.
Attachment: Contract between Charles King Co., Inc. and CMSD
Reviewed by:
Teresa Gonzalez
Accounting Manager
CONTRACT
THIS AGREEMENT is made and entered into this day of by and
between the COSTA MESA SANITARY DISTRICT, hereinafter referred to as "DISTRICT' and,
Charles King Co., 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 #192, SYSTEM WIDE SEWER RECONSTRUCTION- PHASE II
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 Specifications for
CMSD PROJECT #192, SYSTEM WIDE SEWER_ RECONSTRUCTION- PHASE II, 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. consrv. 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 SEVENTY FIVE (75) 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
00 /100 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 Eighty-Eight
Thousand Eight Hundred Twenty -Five Dollars ($188,825.00).
7. Progress 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 of the
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 by law, 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 order to 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
2
out in the Contact Documents, including the Costa Mesa Sanitary District's Standard Plans and
Specifications for the Construction of Sanitary Sewers and the CMSD PROJECT #192, SYSTEM
WIDE SEWER RECONSTRUCTION- PHASE II.
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, orwaivers of Contract terms or
the Contract Documents, including additional compensation for extra 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
per diem 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. ca .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.
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 payroll
record, showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice or worker employed by 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 set forth 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 et
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 code, 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
4
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 any time 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 transfer to 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 Investigation. 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.
0
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.
CONTIIA ff R's
Initials
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 Plans and Specifications for CMSD Project #192, System Wide
Sewer Reconstruction- Phase II
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. If any action at law or in equity is necessary to enforce or interpret
the terms of this agreement, the prevailing parry shall be entitled to reasonable attorney's fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled. If any
action is brought against the CONTRACTOR or any subcontractor to enforce a Stop Notice or
Notice to Withhold, which names the DISTRICT as a party to said action, DISTRICT shall be entitled
to reasonable attorney's fees, costs and necessary disbursements.
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 20 10 with an edition date prior to 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.
9
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 of this Contract to 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
extent of 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 priorto
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 project to
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
10
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 for that 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 actor 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
11
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 relating 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. Trenchinq. 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 do involve 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: District Engineer
Costa Mesa Sanitary District
628 W. 19th Street
Costa Mesa, California 92627 -2716
CONTRACTOR: Charles King Co., Inc.
2841 Gardena Avenue
Signal Hill, CA 90755
12
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 warrants that neither it nor any of its 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. Prior to filing the Notice of
Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout
Agreement afnd Release of All Claims.
46. Guarantees. CONTRACTOR shall and hereby does guarantee all work for a 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, together with 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, or 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
Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et
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.
13
IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year first
above written.
ATTEST:
Clerk of the District
APPROVED AS TO FORM:
Colin R. Burns
Associate District Counsel
APPROVED AS TO CONTENT:
Robin B. Hamers
District Engineer
STATE OF CALIFORNIA)
COUNTY OF )
COSTA MESA SANITARY DISTRICT
Robert Ooten
President of the Board of Directors
CONTRACTOR
Name:(:%t V .e C T
Address: 'D411 6A,V�(-r-jAM A VC .
S��I ILI C �a75�
By:
ss. (INDIVIDUAL) /(CORPORATION)
On /t1m Ksr-l- 0 2012, before me, the undersigned, a Notary Public in and for said
state, personally appeared be-'W j k 1 who proved to me on the
basis of satisfactory evidence to be the persons whose name(Xj is /ire subscribed to the within
instrument and acknowledged to me that 1}6 /she /t y executed the same in Vs /her /tbdir authorized
capacity(), and that by � /her /tVr signature(,4 on the instrument the person(,, or the entity on
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Notary Public)
`*%0%j%u` i1ui1ura,1'�
?cc
$2719.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO
ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXECUTED IN DUPLICATE
FAITHFUL PERFORMANCE BOND
PAGE 1
Bond No. 024047189
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 August 4, 2012 has
awarded to
Charles King Co., Inc.
2841 Gardena Avenue
Signal Hill, CA 90755
hereinafter designated as the "Principal ", Contract No. CMSD #192 for the work described as
follows: SYSTEM WIDE SEWER RECONSTRUCTION- PHASE II.
Said Contract and all of its obligations, covenants, terms and conditions are fully incorporated
herein by reference.
WHEREAS, the said Principal is required under the 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 Princioal and
First National Insurance Company of America — 790 The City Dr., South, 1200 Orange, CA 92868
(NAME AND ADDRESS OF SURETY)
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 Eighty -
Eight Thousand, Eight Hundred Twenty -five 00/100 Dollars ($188,825.00), 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
20
reasonable attorneys' fees as fixed by the court.
21
FAITHFUL PERFORMANCE BOND
PAGE 2
Bond No. 024047189
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract Documents or to the work to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
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 6th
day of August 2012.
Charles Ring Company, Inc.
Contractor Name
2841 Gardena Ave.
Street Address
Signal Hill, CA 90755
City, State, Zip Code
PRI":- s Ring Company, Inc.
By:
Com —Debra R. Ring — President /Corp. Secretary
In accordance with the Contract for CMSD PROJECT #192, SYSTEM WIDE SEWER
RECONSTRUCTION- PHASE II,
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.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
First National Insurance Company of America
Name
790 The City Dr., South, 1200
Street Address
Orange, CA 92868
City, State, Zip Code
SURETY = First National Insur ce Company of America
By:
Company Representative —Les M. irtle — Attorney in Fact
APP V D T ORM:
Colin R. Burns, Associate District Counsel
Costa Mesa Sanitary District
22
California All- Purpose Acknowledgement
State of California I
County of Los Angeles
On /1�1- before me, Sarah Criscuolo
personally
Debra Kin
o.;
Notary Public Seal
Description of Attached Document
a Notary Public
who proved to me on the basis of satisfactory evidence
to be the person(X whose name(4 is /aX subscribed to
the within instrument and acknowledged to me that DO,'-/
she /tom( executed the same in )(s/her/t)a authorized
capacity(i&), and that by lac /her /th)ir signature(,¢ on
the instrument the person( $(, or the entity upon behalf
of which the person(,4 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.
Notary Public Signature
Title or Type of Document: Tyt l - 6 !�Pcv k�'rVl lil" G { 12--, C-n A -
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Capacity(ies) Claimed by Signer(s)
❑ Individual
0 Corporate Officer: Pres./ Sec /. Tres.
• Partner - ❑ Limited ❑ General
• Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
OPTIONAL
❑ Individual
❑ Corporate Officer:
❑ Partner - ❑ Limited D General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
U Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE • •
State of California
County of Orange
On O W ` 00 L a before me, Mary Martignoni — Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Les M. Mantle
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personP4 whose name( isY ,ariot subscribed to the
within instrument and acknowledged to me that
MARY MARTIGNONI helsp aey executed the same in his/ r authorized
!� COMM. # 1947853 'z capacity and that by hiss signature on the
NOTARY PUBLIC - CALIFORNIA 9 instrument the person,,, or the entity upon behalf of
ORANGE COUNTY which the person(] acted, executed the instrument.
My Comm. Expires Sept. 9, 2015
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.
Signat r
Place Notary Seal Above Signat a of Lary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Les M. Mantle
❑ Individual
• Corporate Officer— Title(s): __
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing: _
First National Insurance
Company of America
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Number of Pages:
Signer's Name:
• Individual
• Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
Top of thumb here
02007 National Notary Association- 9350 De Sato Ave., P.O. Box 2402 • Chatswrth, CA 91313 -2402 • www.NationaWatary.org Item #5907 Reorder -Gag Toll -Free 1 -800- 876 -6827
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5306228
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.
First National Insurance Company of America
General Insurance Company of America
Safeco Insurance Company of America
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of
America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does
hereby name, constitute and appoint, LES M. MANTLE, RYAN S. MANTLE . ........................................................................................................................................................... ...............................
............................................................................................................................................................................................................................................................................................... ...............................
. . . . . . . . . . . . . . . . . .. . .. . . .. .. . . . .. . ... . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . ... .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . ..... . . . . . .. . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . ... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
all of the city of FULLERTON , state of CALIFORNIA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and
shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 10th day of April , 2012
�ascco �w Ccp
? o00 ?/o @ ocear�q� 9f g o aP °kcr Qk
First National Insurance Company of America
s. 1928 1923 1953 4'b General Insurance Company of America V
c¢�, ��� °a�, Safeco Insurance Company of America
CL By: c
V Gregory W Davenport, Assistant Secretary
Y Q
R w STATE OF WASHINGTON ss >
COUNTY OF KING
yOn this 10th day of April 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of First National M
v y Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America, and that he, as such, being authorized so to do, execute the >M
C � foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ` W
rIN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. G
0
C
0 0 d No -rA iY By: �
L PUBLIC ` z Q1 =
KID Riley, Notary blic
d O O
This Power of Attorney is made and executed pursuant to and by authority of the following By -law and Authorizations of First National Insurance Company of America, General 0 o
N Insurance Company of America, and Safeco Insurance Company of America, which are now in full force and effect reading as follows: 4.
dARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and , d
O e subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, a
E seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their — d
respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and j
L attested to b the Secretary. An power or authority ranted to an representative or attorne -In -fact under the provisions of this article may be revoked at an time b the Board, the d 0
Y ry• YP tY9 Y P Y• p Y Y Y
a >1 Chairman, the President or by the officer or officers granting such power or authority. r cm
�
L. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such M
Z3 attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and o
other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary
H�
of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon
the Company with the same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of
America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and
effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of August 2012
c eo 's Co�Q a"Sco��
3` 3 By:
X28 W ° x z 1923 a ? 1953 David M. Carey, Assistant Secretary
aj>
POA - FNICA, GICA & SICA
LMS 12874_041012 - 3 Company
PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN DUPLICATE
PAYMENT BOND
PAGE
Bond No. 024047189
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 August 20, 2012, has
awarded to
Charles King Co., Inc.
2841 Gardena Avenue
Signal Hill, CA 90755
hereinafter designated as the "Principal ", Contract No. CMSD PROJECT NO. 192 for the work
described as follows: SYSTEM VVIDE SEWER RECONSTRUCTION- PHASE II. 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
790 The City Drive, South, 1200
First National Insurance Company of America — Orange, CA 92868
(NAME AND ADDRESS OF SURETY)
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 Eighty
Eight Thousand Eight Hundred Twenty Five Dollars ($188,825.001, 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
16
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.
17
PAYMENT BOND
PAGE 2
Bond No. 024047189
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 6th
day of August , 2012.
Charles King Company, Inc.
Contractor Name
2841 Gardena Ave.
Street Address
Signal Hill, CA 90755
City, State, Zip Code
PRINCIPAL : es King Company, Inc.
By:
Company presen iv — Debra K. King — President /Corp. Secretary
In accordance with the Contract for CMSD PROJECT #192. SYSTEM WIDE SEWER
RECONSTRUCTION- PHASE II, 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.
By signing below, Surety certifies that the bonds are issued by an admitted surety.
First National Insurance Company of America
Name
790 The City Dr., South, #200
Street Address
Orange, CA 92868
City, State, Zip Code
SURETY: First National Insurance Company of America
By:
Company Representative - Les M. Mantle - Attorney in Fact
APPR V A O F f�M:
Colin R. Burns, Associate District Counsel
Costa Mesa Sanitary District
18
California All- Purpose Acknowledgement
State of California }
County of Los Angeles
On tZ. before me. Sarah Criscuolo
personally
Debra
Notary Public Seal
Description of Attached Document
a Notary Public
who proved to me on the basis of satisfactory evidence
to be the person( whose name(sQ is /a* subscribed to
the within instrument and acknowledged to me that Dk/
she/ft executed the same in )(s/her /t)(& authorized
capacity(iX), and that by 1* /her /thgr signature(A on
the instrument the person(X, or the entity upon behalf
of which the person(A 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.
Notary Public Signature
Title or Type of Document: La soli✓ ♦ & n e v i of I _F dam? o(
Document Date:
umber of Pages:
Signer(s) Other than Named Above:
Capacity(ies) Claimed by Signer(s)
0 Individual
4A Corporate Officer: Pres./ Sec/. Tres.
❑ Partner - ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
0 Guardian or Conservator
❑ Other:
Signer is Representing:
OPTIONAL
Individual
• Corporate Officer:
• Partner - ❑ Limited D General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CALIFORNIA • ACKNOWLEDGMENT
State of California
County of Orange
before me, Mary Martignoni — Notary Public
Date Here Insert Name and Tdle of the Officer
personally appeared Les M. Mantle
Name(s) of Signer(s)
MARY MARTIGNONI
COMM. # 1947853 z
u NOTARY PUBLIC - CALIFORNIA
Z i a ORANGE COUNTY
my Comm. Expires Sept. 9, 2015
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person$ whose name isY subscribed to the
within instrument and acknowledged to me that
he7s, i, executed the same in his E4r authorized
capacity(' and that by his rift f signature on the
instrument the person„ or the entity upon behalf of
which the person, acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signatur
Signa re o 7 tary Pudic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Les M. Mantle
❑ Individual
I ■
■
i:7
■
■
■
Corporate Officer —Title(s): __
Partner — ❑ Limited ❑ General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
First National Insurance_
Company of America
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatswrth. CA 91313 -2402 • wwmNalionalNotaryorg Item #5907 Reorder. Call Toll -Free 1- 800876 -6827
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5306229
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No.
First National Insurance Company of America
General Insurance Company of America
Safeco Insurance Company of America
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of
America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does
hereby name, constitute and appoint, LES M. MANTLE, RYAN S. MANTLE . ........................................................................................................................................................... ...............................
............................................................................................................................................................................................................................................................................................... ...............................
............................................................................................................................................................................................................................................................................................... ...............................
all of the City Of FULLERTON , state of CALIFORNIA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and
shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 10th day of April 2012
icc ice CO c10_E CO,�,
oV po ?io qp o °Ra> py qp� ow o vr�k
First National Insurance Company of America
0 1928 1 1923 W 31 1953 w ° General Insurance Company of America -da
dF/AM1 g�' ej�`NAIiP`'p,,` ®il,,,``�yAr�rg•'$ Safeco Insurance Company of America N
CL c
d By: N
N Gregory W. Davenport, Assistant Secretary
d
STATE OF WASHINGTON ss >
COUNTY OF KING M
r ` tC
dOn this 10th day of April 2012 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of First National M
L) d Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America, and that he, as such, being authorized so to do, execute the aN
O foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L W
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. c
pv
R d OTARY 4)
L .
KID Riley, Notary blic 310
60 CL 10
M This Power of Attorney is made and executed pursuant to and by authority of the following By -law and Authorizations of First National Insurance Company of America, General N o
4T N Insurance Company of America, and Safeco Insurance Company of America, which are now in full force and effect reading as follows:
M `
O C
y ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and
p ,= subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, .a
j_ rseal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their d
respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and
L attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the d
Chairman, the President or by the officer or officers granting such power or authority. t
w>, ` Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such VVi
0 attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and O o
other surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary
H�
of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon
the Company with the same force and effect as though manually affixed.
I, David M. Carey, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of
America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and
effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of August 20 12
� ti£ECO �CECOya GEGOtsa
�`'4o+woR`f 9j� @p ntiwogQr 9y Qp�c� °R'sgF ���
o By:
n' 9928 1923 1553 David M. Carey, Assistant Secretary
- A +y b
"f��NA7t7`'ae� W��LHARtP+'��'��
s''yjy ,r ��� 4'3'J * tl�`� y�'S • 'dpi
POA - FN ICA, GICA & S ICA
LMS 12874_041012 - 3 Company