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HomeMy WebLinkAboutAmelco Construction Inc. - 1998-10-05HUNTINGTON BEACH City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PA MEN cc �9 i'e�r o C""f - w46 01UL, Lkc . DATE:? _3 - 3 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 4-&LDAN T. V LELLA, Director of Finance I certify that no stop notices are on file on the sub' ct at this time. Date: le 11 %j OBERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: G �v CONNIE BROCKWAY, City erk I certify that there are no outstanding invoices on file. Date: VA�KLMFAZbENRICH, City Treasurer et 10% Retention Payment 09103198 7:47 AM tiJ DECLARATION OF SATISFACTION OF CLAI►NIS I, Amelco Construction , state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Peck Reservoir Pump Station Modificptions, and dated 5/24/99 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The follo«ing are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the pro%isions of the statutes of the State of California: (if none, state "TiONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at Gardena, California on this -4th day of tt;,k, IQQA 1999 (Signature of Contractor) Sean Hitchcock, Project Manager gcc`cashcca2 - B M �J City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance ,%r7th Title VII of the Ci%il Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC: 696 Peck Reservoir Pump Station Modifications Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, v.-atchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid_ ianaturc Vd Title Sean Hitchcock, Project Manager gxc cuhconI %i i SAY• ��� � � w �.'. .... S•• GI1; _ Recorded in the County of Orange, California Gary L. Granvillelllllllllllllllllllllllllllll/RecoNd�eC�� WHEN RECORDED MAIL, TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2 ; 50 m �5/25/99 CITY OF HUNTINGTON BEACH 1999@384682 p Office of the City Clerk 005 12@56082 12 08 P. O. Box 190 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Amelco Construction who was the company thereon for doing the following work to -wit: Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project — CC-696 That said work was completed April 5,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 5, 1999. That upon said contract Reliance Insurance Company was surety for the bond given by the said company I� as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 24th day of May,1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of May,1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 This document Is solely for the official business of the City of -Heintington Beach, as contern- (olated under Government Code Sec. 6103 and should be reccrded fm® Of chergiL Tax mpt-Government Agency CITY OF HIIIl9TIN ;TON BEACH e Beociawsy, City Clerk 0eputy City Clark 7-6 is WJVFOt ;•- -,FDCOPY with OrIglna' WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 This document is solely for the aryigcia` business of the City o: i-iLmUngton Beach, as contern- Plated under Government Code Sec. 6103 and should be recorded free of charge. 'geargo WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded Gary L 1 Granvi l l e County of IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII grange, California IIIIIIIIIIIIIIIIIIIIIII /Rec NO er 19990384682 12'IY50 Fee "0z5�'6000002002008 pm 05/25/99 00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Amelco Construction who was the company thereon for doing the following work to -wit: Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project — CC-696 That said work was completed April 5,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 5, 1999. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 24th day of May, 1999. �z�7Z2tGQi .tt��c-c>ccv City Clerk and ex-oi*icio Clerk of the City Council of the City of Huntington Beach.. California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of May, 1999. g;�,, City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ta :-Exempt-GovGmment Agency CITY OF t?:;NTiN'�3 .n3 BEACH Connie 13mck-way, City Mark BY. eputy CRY Clerk WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Amelco Construction who was the company thereon for doing the following work to -wit: Peck Reservoir Pump Station Mechanical Screening & Equipment Alodifications Project — CC-696 That said work was completed April 5,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 5, 1999. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by taw. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this lath day of May,1999. K"X� City Clerk and ex-ofxicio Clcrkv— of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California de hereby certify under penalty of penury, that the foregoing NOTICE OF COMPLETION, is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council_ Dated at Huntington Beach, California, this 24th day of May,1999. �I W_ -#" City Clerk and cx-offcio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 Thls document is solely for the oYcla! business of the Cl,,/ O: FiLrltington BeaCh, as con ern - Plated under GOvemITl.ant Code Sec.. 6103 and should be recorded free of charge. T=-Exempt-Govsrnmert Agency CRY OF H',JN-rX3?^.M SEACH e t;rockway, citj'Vaeoc 6Y' eauty City Claris WHEN RECORDED MAIL TO:74it c * CITY OF HUNTINGTON BEACH Gam � � doe . � • �� f q, Office of the City Clerk ,,.,,iU4e'tE,'.� "'o a 30,-,,y ' `r`�'"' w-77 P. 0. Box 190 /a A Luc, /✓� v Huntington Beach, CA 92648 V 9y NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Amelco Construction who %►-as the company thereon for doing the following work to-uit: Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project — CC-696 That said work was completed April 5,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 5, 1999. That upon said contract Reliance Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 22" day of April, 1999. ��" :�& ' t —7— City Clerk and ex-ofi"icio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach } I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex -off icio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 22" day of April, 1999. City Clerk and ex- fiicio C1crk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92649 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK April 22, 1999 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CBtcg Enclosure: Notice of Completion — CC-696 — Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project ITelephone: 71433"227) 619Wp),Re la) '"CITY OF HUNTINGTON BEA6 MEETING DATE: April 5, 1999 DEPARTMENT ID NUMBER: PW 99-022 Councit[Agency Meeting Held: <i ,1�7-- '? 9 Deferred/Continued to: 51Approv do ❑ Conditicnally Approved l] Denied City Clerk's Si ature Council Meeting Date: April 5, 1999 Department ID Number: PW 99-022 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION -� �� rr SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `r D SUBMITTED BY: RAY SILVER, City Administratora/t"oCJ PREPARED BY: R' ROBERT F. BEARDSLEY, Director of Public Work SUBJECT: Accept The Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project: CC 696 and File a Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attac Statement of Issue: Amelco Construction, Incorporated, has completed its contract for the construction of the Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project. Funding Source: Sufficient Capital Improvement Funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project at a final cost of $72,993.00 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Actions : None. Analysis: On October 5, 1998, Council awarded a contract to Amelco . Construction, Incorporated, in the amount of $42,000.00 to construct the rooftop mechanical screening work. On November 16, 1998, Council approved an additional $29,942.00 to construct the mechanical sound mitigation work. The adopted project budget also included $6,258.00 to cover potential change orders and $1,800.00 for supplemental expenses, for a total of $80,000.00 to construct the Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project. 6961notice of completion/RCA -2- 03118199 10:09 AM QUEST FOR COUNCIL ACT'78N MEETING DATE: April 5, '1999 DEPARTMENT ID NUMBER: PW 99-022 The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: 1. Contract Amount: 2. Change orders: Subtotal: 3. Supplemental Expenses: Total: Council Approved $71,942.00 6.258.00 $78,200.00 1.800.00 Environmental Status: Not applicable. Attachments : RCA Author. Charlonne Actual Expenditures $71,942.00 991.00 $72,933.00 1.389.08 $74,322.08 6961notice of completion/RCA -3- 0311819910:09 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Peck Reservoir Pump Station Mechanical Screening & Equipment Modifications Project: CC 696 and File a Notice of Completion COUNCIL MEETING DATE: April 5, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW D Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( } City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: �r Chftrlo.! >" e Phl I ,Beard s! _ .APirl/ �ITY OF HUNTINGTON BEAC MEETING DATE: November 16,1998 DEPARTMENT ID NUMBER: PW 98-088 Council/Agency Meeting Held: /I /(o R m 6m o Deferred/Continued to: [t!*/ Approved O Conditionally Approved ❑ Denied -d _ Ci Clerk's Signature, r_- Council Meeting Date: November 16, 1998 Department ID Number. P1r98�88,, CITY OF HUNTINGTON BEACH n REQUEST FOR COUNCIL ACTION -p Cr SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o —r = rn rn-nmr*; > =6 a SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: f ROBERT F. BEARDSLEY, Director of Public WorkS/11/ SUBJECT: Approve a Change Order to the Amelco Construction Contract for Mechanical Equipment Modifications at Peck Reservoir Pump Station Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On October 5, 1998, Council approved a construction contract with Amelco Construction to install the roof top mechanical screening work at the Peck Reservoir Pump Station. Staff is requesting the authorization to use Amelco Construction to construct the mechanical equipment sound mitigation through a change order to their current construction contract. Funding Source: Sufficient funds are available in project Account E-EW-PW-849-6-39-00. Recommended Action: Motion To; 1. Approve an increase of the project budget of S32,000. This includes $29,942 to cover the costs of change order number 1 and $2,058 in additional contingency funds, and 2. Approve Change Order No. 1 Amelco Construction for the construction of mechanical equipment sound mitigation at the Peck Reservoir Pump Station. Alternative Action(s): Deny this request. This may result in default of the settlement agreement in the City of Huntington Beach v. Montgomery Watson, et. al. Litigation. 696/Amelcolchange order/RCA -2- 10/27/98 8:08 AM REQUEST FOR COUNCIL ACTION MEETING DATE: November 16,1998 DEPARTMENT ID NUMBER: PW 98-088 Analysis: The litigation for the Peck Reservoir Project came to a mutually agreed upon settlement. Part of the settlement was the City's obligation to construct miscellaneous improvements necessary to bring the reservoir and the pump station into service. Shortly after this settlement was agreed to, staff solicited proposals from qualified engineering consultants familiar with this type of work. ASL Consulting Engineers was selected to design the improvements necessary to bring the pump station in compliance. The City is obligated to: 1. Provide pump station mechanical equipment screening to be in compliance with the City's Code requirements. 2. Provide mechanical equipment sound mitigation due to the proximity of the surrounding housing developments. In order to expedite the completion of this work, staff informally solicited bids from construction firms with experience in this type of construction. Amelco Construction was selected to construct the mechanical screening work and Council approved a construction contract on October 5, 1998. Staff informed the Council that item 2 above would be brought back for Council approval upon receipt of quotations from qualified contractors. Staff received three informal bids to perform the mechanics! equipment sound mitigation to the Peck Reservoir Pump Station. Amelco Construction presented the low bid in the amount of $29,942. The other two bids received were Schuler Engineering $31,ODD and Caliagua $41,587. Staff is requesting Council's approval of the selection of Amelco Construction to construct the mechanical: equipment sound mitigation at Peck Reservoir Pump Station through a change order. The amount previously authorized by Council for Amelco Construction's contract is insufficient to cover the costs of this change order, therefore, staff is requesting an increase in Amelco Construction contract contingency funds to cover this additional work. It would be preferable to authorize an increase in the previously approved contingency funds, since it will be the same contractor performing the work concurrently with the roof top mechanical screening work. Upon completion of this work, the City will meet its obligation pursuant to the settlement agreement between the City of Huntington Beach and Montgomery -Watson. Environmental Status: Exempt AttachmentLs): None RCA Author: Charlonne 6961Amelcolchange orderlRCA -3- 10130/98 9:39 AM v v RCA ROUTING SHEET INITIATING DEPARTMENT: F Public Works SUBJECT: Approve a Change Order to the Amelco Construction Contract for Mechanical Equipment Modifications at Peck Reservoir Pump Station; CC 696 I COUNCIL MEETING DATE: I November 16, 1998 1 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED F0!jft5PED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: U��f 'p IV/ PLI: /CiL's� �� y 1ITY OF HUNTINGTON BEAC �f r MEETING DATE: October 5, 1998 DEPARTMENT ID NUMBER: PW 98-076 Council/Agency Meeting Held: Deferred/Continued to: Tn 6 FApproved ❑ Conditio lly Approved ❑ Denied _ 0 ;Z In 'Ae&Ty61ty Clerk's Signature Council Meeting Date: October 5, 1998 Department ID Number. PW 98-076 '0^" Zoe c CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION n= -v p.:i-<n =-<rim McDrllm SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ..0 �� SUBMITTED BY: RAY SILVER, City Administrator�� PREPARED BY: F a v ROBERT F. BEARDSLEY, Director of Public Work 7K• SUBJECT: Approve Amelco Construction Contract for Mechanical Screening at Peck Reservoir Pump Station -CC-696 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment Statement of Issue: On April 20, 1998, Council authorized the Department of Public Works to complete work on Peck Reservoir through an appropriation of $195,000 from Unappropriated Water Funds. Staff is requesting the authorization to use Amelco Construction to construct the roof top mechanical screening for the Peck Reservoir Pump Sation. Funding Source: Sufficient funds are available in project Account E-EW-PW-849-6-39-00. Recommended Action: Motion To; 1. Approve the selection of Amelco Construction for the construction of mechanical screening at the Peck Reservoir Pump Station: and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $42,000: and 3. Authorize the Director of Public Works to expend a total of $48,000 including the contract amount of $42,000, anticipated construction change orders of $4,200 and supplemental expenditures of $1,800. Peck/Amelco/RCA -2- 09/18/98 4.08 PM &QUEST FOR COUNCIL AC46 MEETING DATE: October 5, 1998 DEPARTMENT ID NUMBER: PW 98-076 Alternative Action(s): Deny this request. This may result in a default of the settlement agreement in the City of Huntington Beach v. Montgomery Watson, et. al. Litigation. _Analysis: The litigation for the Peck Reservoir Project came to a mutually agreed upon settlement. Part of the settlement was the City's obligation to construct miscellaneous improvements necessary to bring the reservoir and the pump station into service. Shortly after this settlement was agreed to, staff solicited proposals from qualified engineering consultants familiar with this type of work. ASL Consulting Engineers were selected to design the improvements necessary to bring the pump station in compliance. The City is obligated to: 1. Provide pump station mechanical equipment screening to be in compliance with the City's Code requirements. 2. Provide mechanical equipment sound mitigation due to the proximity of the surrounding housing developments. ASL Consulting Engineers completed the design of the required improvements. In order to expedite the completion of this work, staff informally solicited bids from construction firms with experience in this type of construction. Ameico Construction was the only firm to submit a cost proposal for the work on item one above. The other firms replied that their current workloads for this type of work was such that they would not be able to start the project in the time required. This situation is occurring more frequently due to the increase in building throughout the industry. Although only one bid was submitted, it is within the engineers estimate. The amount does exceed the amount allowable in the Municipal Code and City Charter. Therefore, pursuant to Section 3.02 of the Municipal Code staff is requesting Council's approval of the selection of Amelco Construction to construct the Mechanical Screening at Peck Reservoir Pump Station. Staff will bring item two (above) to the Council for approval, once the informal bids are received. Environmental Status: Exempt #tachment s : None RCA Author. Charlonne PecklAmelcolRCA -3- 09/18/98 4:15 PM 16) �" 10105/98 - CouncilIAVncy Agenda - Page 6 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E.I. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned meeting of September 14, 1998, and regular meeting of September 21, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Sullivan, Julien, Garofalo abstain from 9114198 minutes - 4 Ayes] [Approved 9121198 Minutes - Sullivan, Garofalo: out of room - 5Ayes] E-2. (City Council) Approval And Acceptance Of Traffic Safety Grant To Police Department From State Of California —"Zero Tolerance" Alcohol Screening (340.80) —1. Approve and accept Project Grant AL 9904 between the State of California Office of Traffic Safety and the City of Huntington Beach; and 2. Approve the appropriation of $127,002.00 from the unappropriated General Fund Balance. (To be reimbursed by the grant from the Office of Traffic Safety.) 3. Authorize the expenditure of funds not to exceed $127,000.00 for the purpose of preliminary alcohol screening devices, printers for the devices, and to cover the unbudgeted overtime for enforcement of the Zero Tolerance Statutes of the California Vehicle Code. Submitted by the Chief of Police [Approved 5-0 2 (Sullivan, Garofalo: out of room)] E4. (City Council) Approve Contract For Police Department Jail Service With City Of Garden Grove For Detainees Held In Custody (600.10) —Approve and authorize execution of "Intergovernmental Service Agreement Between The City Of Huntington Beach And The City Of Garden Grove For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Garden Grove Police Department.' Submitted by the Chief of Police [Approved 5-0-2 (Sullivan, Garofalo: out ofroom)] E-4. (City Council) Approve Contract For Police Department Jail Service With City Of Fountain Valley For Detainees Held In Custody (600.10) —Approve and authorize execution of 'intergovemmental Service Agreement Between The City Of Huntington Beach And The City Of Fountain Valley For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Fountain Valley Police Department.' Submitted bytheChief of Police [Approved 5-0-2 (Sullivan, Garofalo: out of room)] E-5. (Clty Council) Approve Amelco Construction Contract For Mechanical Screening At Peck Reservoir_ Pump Station - CC-696 (600.80) —1. Approve the selection of Amelco Constriction for the construction of mechanical screening at the Peck Reservoir Pump Station; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount $42,000; and 3. Authorize the Director of Public Works to expend a total of $48,000 Including the contract amount of $42,000, anticipated construction change orders of $4,200 and supplemental expenditures of $1,800. Submitted by the Public Works Director [Appro ved 5-0-2 (Sulli van, Garofalo: out of room)] LL, fe CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE OM Aa , ' TO '// 'Q 01)MIX08hidd City, State, Zip ATTENTION DEPARTMENT 1!e e- z /zkyWeA7, REGARDING AdhQz.0"Me r�ercen�h� .�c� P.�sc,er�v�r rmP %5-1)t-noN See Attached Action Agenda Item, Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks Connie Brockway City Clerk Attachments Action Agenda Page Agreement ✓ Bonds Insuranc RCA Deed Other 10 cc bpw— Nara l,Zs- e �Jw v Deen_t / RCA/ Armen Insurance other / Nam Department RCA Agreement Insurance r 2aak �� . 22edl Q)If&& ,ds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept Insurance Received by Name - Company Name - Date G Followup/coverltr (Telephone 714536 5227) N �wo 1`;C-e -x /% 31% CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMELCO CONSTRUCTION FOR MECHANICAL EQUIPMEN7 SCREENING AT PECK RESERVOIR PUMP STATION TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITFHIELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 9 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 9 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 10 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 12 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 13 28. CAPTIONS 13 29. IMMIGRATION 13 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY'S FEES 14 32. ENTIRETY is CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMELCO CONSTRUCTION FOR MECHANICAL EQUIPMENT SCREENING AT PECK RESERVOIR PUMP STATION THIS AGREEMENT, made and entered into this � day of hg"r, . , 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Amelco Construction, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of mechanical equipment screening for the Peck Reservoir Pump Station in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 41s:4 98Agrec Amelco RLS 98-579 kwj Agreement, and in accordance urith the requirements of CITY for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, %%ith the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 41s:4-98Agme:Ametoo RLS 98-579 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOTs proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Cont.-act Documents, a sum not to exceed Forty- two Thousand Dollars ($42,000.00) as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCF.MINT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days fter notice to B�roceed is issued and shall diligently prosecute the PROJECT to completion within twenty�onsecutive working days (I month) from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 44:4-98ASmc:Amelco RLS 98-579 r 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the %vork of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work - necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change 4 410 98Agrec Amdeo RLS 98-579 �W) order to CONTRACTOR and the contract price will be adjusted upward or do,,%mward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR 41s:4-98Agnx:Amc1co RLS 98-579 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LJOUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 6 4/s:4A8Agrm:AmdoD ILLS 98-579 4 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days COIF" TRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; 7 41s:4-98A8rw:Amdco RLS 98-579 (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. 1 f the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all 8 4/sAMAgrcc:Amc1co RLS 99-579 previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands dratam in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work far which payment is demanded has been performed in accordance -*v1th the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the .vork. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ovNrnership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. lb. AFFIDAVITS OF SATISFACTIO\' OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAiVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, employees and agents from and against any and all liability, claims, 9 41v4-98Agrce:Amc1co RLS 98-579 damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. IVORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awvareness of section 3700 el seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply wvith such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with 10 41sA-98ASme:Amc1w RLS 98-579 the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage, 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage iv not subject to any deductible or self -insured retention, or any otherjorm of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all 11 44-A-98Agrce:Amcico RLS 98-579 said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in %Titing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, speciPcations, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 12 4/s:4MAgrcc:Amc1co RL5 98-579 25. CITY EMPLOYF,ES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 el seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such ply. 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 13 43:4-98Agme:Amelco RLS 98-579 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 14 4's:4-98Agr":Amc1co RLS 98-579 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: r:W By: Merne Young, Trea er REVIEWED AND APPROVED: Cit Administrator 4/s:4-98Agree:Ame1co RLS 98-579 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California ATTELSI: ._ City C k APPROVED AS TO FORM: ��- �, q,/1��City Attorney fe--r p� ii ,�1ti,Igb INITIATED AND APPROVED: GitA/ Director oMiblic Works 15 r ,f I have received Performance Bond No. B2578780, Reliance Insurance Company, Labor and Material Payment Bond No. B2578780 and Maintenance Bond No. B2578780 for Amelco Industries, Inc. Re: CC-696 — Mechanical Equipment Screening at Peck Reservoir Pump Station APPgO✓E d 101sl4r. Dated: By: ,✓, �6.% Bond No. B257 87 80 RELIANCE INSURANCE COMPANY HEAD OFFICE. PHILADELPHiA. PENNSYLVANIA PERFORMANCE BOND The American Institute of Architects, AIA Document A311. February 1970 Edition, KNOW ALL MEN BY THESE PRESENTS: that Imere insert full nacre and address or legal title of Conuactorl Amelco Construction, A Division of Amelco Industries 19208 South Vermont Avenue, Gardena, CA 90248 as Principal, hereinafter called Contractor, and. RELIANCE INSURANCE COMPANY. a corporation of the State of Pennsylvania, with its Head Office at Philadelphia, Pennsylvania, as Surety, hereinafter called Surety, are held and f irmly bound unto (Here Insert full name and address or legal title of Owned City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92658 as Obligee, hereinafter called Owner, in the amount of Forty—two Thousand and No/100— _ in accordance with Drawings and Specifications prepared by {Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void. otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly II I Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de- fault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term 'balance of the contract price," a; used in this paragraph, shalt mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly Paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which fins! payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 28th TO Feflt!tr y„ GAIL HUTTCN CITY ATTO t. Y By City Attorney D Performance Bond , Revised to February. 1970 Sa 5715ax 01 Printed in U. . day of September 1998 AMELCO CONSTRUCTIO 1,�+ , ,► MISION OF AMELCO fall Pr' ipal) INDUSTRIES MARK g. ANG CH (Title) PRESIDENT ELIANCE I URA CE COMPANY Helen A. Weires •fTltiel Attorney —in —Fact ;;..A `' THE FACE OF' S DOCUMENT HAS A COL RED BACKGROUNr I WHITE PAPER MMI 11 • • UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Helen A. Weires, Mary R. Berry, Bradley N. Wright, John T. Lettieri, Dawn Shanley, Carol B. Henry, Katsuko Takata, of San Francisco, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognlarees, contracts of indemnity and other writings obligatory in the natuire thereof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-m-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings. recognlances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings recogniances, contracts of indemnity and otter writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Compa.4y and Reliance National Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect w any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 11, 1998. ,,IR Fr 1, �,g�P4�, q, ,,R344�h �,L IND$ u pP Oqq [_ [Orb ��1pPOgq .^ ti0 PP O!1,1 SEAL` 1 ` �SEALm b c°S9�- c _ r or99s a'v,�,..r �g 192S S' Co FL.t4�P` VT -tsar 'tWsnvf� b r STATE OF Washington ) COUNTY OF King ) SS. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ILY24ff;e4l fry , On this, June 11, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. ON ) NOTARY . 1 PUBUC NotB Public in and for the State of Washington OF w �Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _2&.14ay of St-pt-embpr year of 19 i„RFry J,�,RN,[ ",RSU4q t-IND 4v' POq [p • E[2r;070 F�ti oP 'rr e i L Oo$EAL 4 °SEALr - ` = . SE.►I ^ 41 � 4 t 959 2 0 s r99s `'� `.'f r929f a 2��:4C0. �3 °Fc l�•ps ' �..r_,o,-' �'Msnvt� .tab � ,,c� ez: sistant Secretary THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW RN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco ss. On Sente___ mber-28,_ 199$1before me, b. B. Collado, Notary Public , Data Name and TOG of 004W (a 9..'.4M Doe. Natary PubW) personally appeared Helen A. Weires, Attorney -in -Fact Nartmt) ot Sprw(a} Place Notary Seal Above 0personally known to me ❑ 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 helshelthey 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. WITNESS my hand and official seal. s"ture of Notary Pubrc OPTIONAL Though the lnfomratlon below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Tale or Type of Document: Performance Bond Document Date: September 28,1998 Number of Pages: Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer Helen A. Weires Signer's Name: ❑ Individual Top of ltnmb tare ❑ Corporate Officer -- Ttle(s): ❑ Partner — ❑ Umited ❑ General Q Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Reliance Insurance Company 0 1"7 National Notary Maodafion - 9350 Do Sao Ave-. P.O. Sox 2402 • Chatawom CA 91313.2402 Plod. No. 5907 Reader. Can TowFrea 1-6004764W Bond No. B257 87 80 RELIANCE INSURANCE COMPANY PHILADELPHIA, PENNSYLVANIA LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AIA Document A311. February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Amelco Construction, A Division of Amelco Industries 19208 South Vermont Avenue, Gardena, CA 90248 as Principal, hereinafter called Principal, and RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, with its Head Office at Philadelphia. Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 as Obligee. hereinafter called Owner. for the use and benefit of claimants as hereinbelow defined, in the amount of---�---- Forty—two Thousand and No/100--------- •----___—�__..____ —. ' _—____....__— ------ Dollars (S 42, 000.00--- --- }, for the payment whereof Principal and Surety bind themselves, their heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated September 14, 1998 , entered into a contract with Ownerfor Peck Reservoir Pump Station Modifications; Construction Contract Construction of mechanical equipment screening for the Peck Reservoir Pump Station in the City of Huntington Beach In accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract. NO'N, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use In the performance of the Contract, then this obligation shall be void. otherwise it shall remain in full Norte and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. THE FACE­�.. .- . -.�N WHITE PAPER RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY- = UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, -- and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE' COMPANY, are corporations duly organized under the laws of the ---- Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of ttie-State of - Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint -- Helen A. Weires, Mary R. Berry, Bradley N. Wright, John T. Lettieri, Dawn Shanley, Carol B. Henry, Katsuko Takata, of San Francisco, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article V11 of -the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE vn - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shalt have power and authority to (a) appoint Attorney(s)execute-Fact and to authorize them to on behalf of the Company, bonds and undertakings, recxngniances, contracts of indemnity and other writings obligatory in the ntsiiee thereof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them. 2. Attormy(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings. raogniances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings; recognixances. contracts of indemairy and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, neeogni atces, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the fuancial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of dte Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such - - Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by faesimik signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.' _ IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 11,1998. bU rY RE 1Nl4�A IINDFqr t C t��CO� :` oaPoq'i a s OPPOg1FF0 °',P�< °SEAL` 9 °SEALS a SEAL V 4t959= O �gga L se ' 192s �SroNy� Di C6xAwAP�` ' �•lp,yN#''� �anvra� 7''b a tc� STATE OF Washington ) COUNTY OF King ) SS. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY jell,, On this, June 11, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. NOTARY Notaiy Public in and for the State of Washington a W Residing at Puyallup I, Robyn Laying, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day ofsgl2tember year oft q9. . x,Rli 1N84gA ltNO =°° SEAL", %P 0.9, °�y�OPPORvr O�°Rtr a !, °SEAL` > a oSEALn cr .ram 1959 O r99t razs Z�'ScotaS�ai ssistantSecretary �lxAxAPt' �*r-rw= �, �'M,anvr� dy • ►� %4,00i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco ss. On September 28. M5before me, D. B. CQllado. Notary _Public , Date NW* "Tide d Omou (e p.,',lww Dw, houvy Roe personally appeared Helen A. Weires, Attorney —in —Fact _ heme(s) of sg—(q P4ce W" Sw Above Upersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histher/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. WITNESS my hand and official seal. 8gnarure of hoary Puwc OPTIONAL Though the lnfonn0on below Is not required by few, R may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Tide or Type of Document: _ Payment Bond Document Date: September 28, 1998 Number of Pages: 2 Signers) Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signer's Name: Helen A. k'eires POIR ❑ Individual ' TOO tfik,nc rem ❑ Corporate Officer —Ttle(s): ❑ Partner — ❑ Limited ❑ General R Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Reliance Insurance Company 0 1997 National Notary Association • 9= De Sato Ave., P.O. Box 2402 • Cha%wo,4,, CA 01313.2402 Prod. No. 5907 ReortlK Cad Toa•Pme 1 -800476-15W OND �"� `' and No. B257 87 80 LIA.NCE INS CE COMPANY HEAD OFFICE. PHILADELPHIA. PENNSYLVANIA wr, ' .:,'W ALL MEN BY THESE PRESENTS, that we Amelco Construction, A Division of �stries, 19208 South Vermont Avenue, Gardena, CA 90248 .r' ,;,rincipal, and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and ,,,r'tirmly bound unto City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 as Obligee, In the full and just sum of Forty—two Thuosand and NoI100----- ---_ _ .. r------- -------------------- ---------- ----- -- --- for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the City of Huntington Beach dated September 14, 1998 for Peck Reservoir Pump Station Modifications; Construction Contract — Construction of mechanical equipment screening for the Peck Reservoir Pump Station in the City of Huntington Beach WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee fcr the period of One year(s) after approval of the final estimate on said job, by the owner. against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on TED NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If within year(s) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship In the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this Instrument shall be void. PROVIDED HOWEVER, this Maintenance Bond is only furnished in accordance with the maintenance provision of the underlying contract. Signed and sealed this 28th day of September 1998 VAtness: Amelco Construction, A Division of Amelco industries •Z:7 t S TO FORM i MARK S. ANGELICH, PPMIDEN rr,c,pa •3,, 1 t%- p City Attorney RELIANCE INSURANCE /COMPANY By; (AZ-1tef t/GUX64 Helen A. Weires f T SDR-2908 ED. 12/82 • .• •- . -• RELIANCE SURETY COMPANY RELIANCE INSURANCE _COININY_=- UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY = ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATORNEX_ KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the lamm of theState of lava and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly, organized und[Wihe Ia_ipis o he Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the _laws -of . Wisconsin (herein collectively called 'the Companies) and that the Companies by virtue of signature and seals do hereby snake, constitufe`ar pp Helen A. Welres, Mary R. Berry, Bradley N. Wright, John T. Lettieri, Dawn Shanley, Carol B. Henry, Katsuko Takata, of San Francisco, G(forr>: their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent =as if such bonds and undertakings and other writings obligatory Wthe�tature thereof were signed by an Executive Officer of the Companies a7► sBatedand attested by one other of such officers, and hereby ratifies and con=fnms altthat their said Attomey(s)-in-Fact may do in pursuance I•ieteof This Power of Attorney is granted under and by the authority of Article y-t aws ofItELIANCE SURETY COMPANY, FjELIANCE -INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL -INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE Vtl EXECUTION OF BONDS AND UNDERTAKINGS_ _ 1. The Board of Directors the President, the Chairman of die Board, any Senior lire Prancer., any Vice Presider. or Auisranc Vice Presiders or other officer desepneed by tha 9oard4 power and authority to (a) appoint Attorrey"Faa and a authorize them a iezecoR-_ ure behalf of the Company, bonds and undertakings. recognirsrces. contracts of i asd other thereof, and (b) to remove any such Awrney($}&-Fact at any time anE hem ere the powand authairy given to them. ntdemnx�r = 1�� ._ 2. Anorrcy(s)-in-Fact shall have power and authority. subject to the terms and limitations of the Power o(Atmrney issued to them. to execute and deliver on bdulf of the Company. bonds and undertakings, eaognizances. contracts of indemniry and other writings obligatory in the stature thereof. The corporate seal is not -necessary fo�validity of any bondsitntd umlertakirm recogoaaooes, contracts of iodemairi, Yid other writings obligatory In the nature thereof. ot�oods. ro( apizanoes -contracts of indemnity or -outer conditional a obligatory urdertaldngt and, tltay shall. I. Attorrcy(s}io-FFact shall have power and authority to execute affidavits required to be attached also have power and authority to certify the finartciat statement of the Company and to copies of the By -Laws of the Company or any ardele or»ecsron thereof. -_ This Power of Attorney is signed and salad by facsimile under and by authority of the following resolution adopted by the Executive and Finance Commi ens of the Boards of Directors of Reliance insurance Company. United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dared as of February 28, 1994 and by the Executive and Financial Commiaee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31 1994. _ 'Resolved that the signamm of such directors and ofrken and the seat of the Company may be affixed to any such Power of Attorney or any certificates tell,* dw=D by `facsiamik and Power of Attorney or cerrifiate baring such farnmile sitrratures or faarmik seal sba8 be valid and binding upon the Company and any such Power so executed and eernffea by facsimile s and facsimile seal shall be valid and binding upon die Company, - Y 6 •- trt the future wick respect to an bard or uoderukin to which is a — } IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 11,1998. - RELIANCE SURETY COMPANY �aaarY ra�`"vf «c,M[uatNc o�LINDFtr `_- RELIANCE INSURANCE COMPANY f UQPOq+� ``- oQ�QPO�� °avor�j _ _UNITED PACIFIC INSURANCE COMPANY SEAL SEAL" RELIANCE NATIONAL INDEMNITY COMPANY, W SE L i 41s5.2 a = = _— _ - STATE OF Washington } COUNTY OF King } ss On this, June 11, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of -the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance_ National Indemnity Company and that as --such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as _ - its duty authorized officer. In witness whereof, 1 hereunto set my hand and official seal. NOThR'f PUetx w No Public in and for the State of= Washington °- = w Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE. COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of September year of1998, Olt, �t o°SEAL m < °SEALm °sEal " = u £gym ass o titlark Secretary r••a ON �.,� ?1 - 4t92! aid °btnw.�s '� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco ss. On Sonram}�or 9R t 9g Rbefore me, n _ R _ t'nl 1 aAn Nntary P1►hl i r_ a Dats Name sno Trt» pl Ondr (i.g.. JWW Doi. Notary PUbW) personally appeared Helen A. Weires, Attorne -in-Fact Natnna) a sgrwis] a .� D. B. COLLADO COMMM1E7421 10DAYFOU-MOM SIWFAJUC=MhTf p My C&Vt bpwl .iuea 1t. 2== Plaos Notary Seal Atwva apersonally known to me O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within Instrument and acknowledged to me that helshe/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. WITNESS my hand and official seal. Sgmture of Notary Putt OPTIONAL Though the lnformatlon below is not requlred bylaw, ll may prove valuable to persons retying on the document and could prevent fraudulent removal and reat'achment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Eond Document Date: September 28. ;! 998 . Number of Pages: 1 Signer(s) Other Than Named Above: NIA — Capaclty(ies) Claimed by Signer Signer's Name: Helen A. Weires ❑ Individual ' Top Gt MI-0 flue ❑ Corporate Officer — Title(s): ❑ Partner —❑ Urnited ❑ General ER Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Reliance Insurance Company 0 1937 National Notary Association • OW Do Soto Ave.. P.G. Box 24M • ChmwWtN GA 913t3-24M Pmd. No. 59Q7 R*=Wr. call ion-Fr"14W47"s2r PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK................................................................... E-15 300-1 CLEARING AND GRUBBING 300 2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING .................................:............... E-16 302-5 ASPHALT CONCRETE PAVEMENT SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION ........... E-17 303-5 CONCRETE CURBS, NVALKS GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAY APPENDIX I - SPECIAL PROVISIONS vi SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by ifirm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly matked on the outside: "SEALED BID" for Peck Reservoir Pump Station Modificatons in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAM Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Imiting Sealed Bids. Late proposals -.01 not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tar or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. $2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 1 15. Alaterial Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 24, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided or by Purchase Order if bid is under S�000, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidders guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 SECTION C PROPOSAL for the Peck Reservoir Pump Station Modifcatons from 14561 Springdale Street CASH CONTRACT No. 696 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 20 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appu' rtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find BID BOND in the amount of $ 420.00 (10%)which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No:.. Date Received ' . Bidders Signature C-2 M BID SKEET FOR PECK RESERVOIR PUMP STATION MODIFICATIONS BID OPENING CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS All of the proposal items below shall include all labor, materials, tools, equipment, and incidental costs for each item complete in place, in accordance with the Standard Specifications and Standard Plans, and the Project Special Provisions and Project Plans. Item No Description Unit Quantity Unit Cost I Total Amount (In figures) {In�res; „" 1. Mobilization, LS - Demobilization and cleanup $1 , 000.00 $1, 000.00 for the lum sum price of: 2. Furnish and install steel LS -NOT A PART pipe, dump line, CL.150 complete in place for the lump sum rice of: 3. Remove and re -install LS -NOT A PART existing 18- Mag Meter including installing new electrical and control wires. Complete in place for the lump sum price of: 4. Furnish and install exhaust LS -NOT A PART system modification complete in place for the lump sum price of. 5. Furnish and install building LS and roof screen complete in f $41,000.00 $4l , 000.00 place for the lump sum rice of G. Excavation safety measures LS -NOT A PART including adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb which shall comply with applicable safety orders for the lump sum price of: Total $ 42,000.00 (Include items 1 R 5) For comparison only Submitted by- 8/24/98 Bidders Signature Date REUBEN H. HUGHES, VP AMELCO CONSTRUCTION, A DIV. OF AMELCO INDUSTRIES Company #0032937 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion of Work Name and Address of Subcontractor State License Number Class METAL WORK W.S.S. PALMDALE 518033 C60, C51, 43,36,4,20 a By submission of this proposal, the Bidder certifies That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 LVONCOLLUSION AFFIDAVI+� TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange MR. REUSEN H. HUGHES , being first duly sworn, deposes and says that he or she is VICE PRESIDENT of AMELCO INDUSTRIES .. . the -party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to £x the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. AMELCO INDUSTRIES Name of Bidder 2W Z - CYt�ii1 !A1 L GONZALU c0nrnhdon01060677 Notary Nbitc — ca&tornia Signature Of Bidder LosANGEMCOUNiy REUSEN H. HUGHES, VP WIMV Comm. Expires Aug 29.1999 19208 S. VERMONT AVENUE GARDENA, CA 90248 Address of Bidder Subscribed and sworn to before me this 24TH day of Aunus7 , 199 A . NOTARY PUBLIC NOTARYSEAL C4 LIE UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Peck Reservoir Pump Station Modificatons, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person tiiho, by reason of experience or innslructionn, is familiar ivitii the operation to be performed anuf the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 8/24/98 AMELCO INDUSTRIES Contractor By . REUBEN H. HUGHES VICE PRESIDENT Title C-S f DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-G COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provsions before commencing the performance of the work of this contract. Date: 8/24/98 AMELCO INDUSTRIES Contractor i REUBEN H. HUGHES VICE PRESIDENT Title M G7 UAbERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: AMELCO INDUSTRIES Contractor i REUBEN H. HUGHES VICE PRESIDENT Title Date: 8/24/98 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: AMELCO INDUSTRIES Bidder Name 19208 S. VERMONT AVENUE Business Address GARDENA CA 90248 City, State Zip (310 ) 327-3070 Telephone Number 212972 CLASS A.,6,C State Contractor's License No. and Class 10/18/62 Original Date Issued 8/31/99 Expiration Date The work site was inspected by of our office on , 1998. The following are persons, firms, and corporations having a principal interest in this proposal: MARK S. ANGELICH REUBEN H. HUGHES MERNE E. YOUNG PRESIDENT VICE PRESIDENT SECRETARY/TREASURER C-9 The undersigned is prepa4?0 satisfy the Council of the City of Huiington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. AMELCO INDUSTRIES signature or tsiaaer . REUBEN H. HUGHES, VICE PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 24THday of AUGUST , NOTARY PUBLIC 19Cfi CYWML ' Not'w Public — Caf forNa LOS ANGEM COMW My Comm. Expires Aug 29.19991 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: CITY OF CULVER CITY, 9770 CULVER BLVD., CULVER CITY, CA 90232 Name and Address of Public Agency Name and Telephone No. of Project Manager: PAM KEYES (310) 253-5621 $ 450,000.00 PUMP STATION 5/97 Contract Amount Type of Work Date Completed 2. LONG BEACH TRANSIT, J963 ANAHEIM ST., LONG BEACH, CA 90801 Name and Address of Public Agency Name and Telephone No. of Project Manager: DAVE MCCAULEY (562) 591-8753. $9,�44,044.40 MA}NTENANCF FACILITY 8/98 Contract -Amount Type of Work Date Completed 3. PORT";OF LONG BEACH, 975 HARBOR PLAZA, LONG BEACH, CA 90802 Name and Address of Public Agency Name and Telephone No. of Project Manager: RON BUSH (562) 590-4172 $9,600,000.00 MAINTENANCE BUILDINGS 3/98 Contract Amount Type of Work Date Completed C-10 11 r.rr_rnc _oo ern . do =vnM . T_nr_v_,rnM T Nsl]RANCE BROKERS I D + 21 36©9aseo 1 `d/"P, ]" QA[;E i 1/1 ACORD. CERTIFIC* ,,E OF LIABILITY INSU' I NC isi`/osi9s vs4CouCFR Cal - / Cl{ k raa M- THIS CERTIFICATE 15 JSSUED AS A NWTI ER OF INFORMATION ONLY AND CONFERS NO R)G}iTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc 6CO . ,?0 ,4r& HOLDER. THIS CERTIFICATE DOES NOT AMEND. EMNO OR 725 S. Figueroa St., 35th Fl. ,,,, //1� ALTER THE COV'ERAGEAFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 6op"e %rr�•� COMPANIES AFFORDING COVERAGE ' V �+' Z 4� C7MPA.w T�,.,s89-006 Mo. -689-0 0 A St. Paul Fire S Marine ui+efo COMPANY a Liberty Mute al Insurance Co. ' A*T-LCO CONSTRUCTION COM.Ah"Y C Zurich Insurance Co. 19208 S. Vermont Avenue Gardena CA 90248 COMPAW D COVERAGES TIUS 15 TO CERTWY TWIT TM6 ?OIJpBS OF 24SURANCE LISTED IMLOW WANE DUN ISSUEDTO THE MURED k&UZO ^DOVE VCR THE POLICY ►ER:00 WMICATED. NOTWIT14TANDING ANY REOWRI;MENT, TEAi4 OR CONOTTTON OF ANY CONTRACT Olt OTHER DOCUuETiT WITH RESPECT TO wW-m TM CE"V3CATE MAY E E ISSUED OR MAY PERTAW. THE N$URANCE AFFORDED By THE rOVCIE.S OESCRITSED MEREIH LS SL'BJE:T TO ALL THE TEAUS. EXCLUSIONS AND COND4TIOHs OF sUCH PouCim LIAM Sw^ MAY HAVE BEIM REDUCED I Y PAID CAfa 4. Co LTR TYPE 0 P4SURANCE 4 ICY MOUSER f per E( {T) FTECTrVE DATE (KM+DOM I - UNITS GENDtAL UABIUTY G VUAAL A44PZUTE I s 2 0 0 0, C o o 1-. X CDMmE;wwJ.6EmCRALuAan= KKO8300723 10/01/98 10/01/99 P*00LPCT$-CCMFiOPAGG j s 2,000,000 1nRS0'a1&AM;z;_z�JS1'0004000 CL&US K&M Q OCCUR X CwNE" s CO%TRACTOIrS ►ROT w-M OCCURACNCE I S 1, 00 0 , 000 auDAMAGE K yomf.) j s 100,000 MED ENT' (Anti ors v«so+) I s 51000 A AUTOMOBILE LU*LnY X AMYAVT0 KKO9300723 10/01/98 10/01/99 CCseTIa+ED 31MGLi L!u[T 31,000,000 B.:OILYTNJURY I~`P*'sO°) _ ALL OWNED AUTO$ SC14EDULEDAVT'JS 500)LYINJURY (Pa.areuoa+0 111 S X k=AU,'.S X N-9144 ID►UTOS FRCfEHTYDAMAGE I S -- .. - y� -,• •• GARAGEUAABILITY ANY AUTO • ` f - AUTO ONLY -EA ACCIDENT 13 OnMR TWAIN AM ONLY: I EACH ACCIDENT S 4Q r *{ f AGGRliGATE I f EXCESS L:ABICTTY A UMBREL.LAFORM I M08300723 10/01/98 10/01/99 [ACM OCCUROC"tE 155,000,000 A=MGAT-_ 1351000,000 1 s OTHER Tk" O-OM IU A POPM � WOIb{ERS COII�iENSATON AND ELtoL0YTR3 L=AB+I fTY X 7 CIZY wN EL EACH ACCIDENT I s 1, 0 o 0 , 0 00 i3 MPROMEt= R11 VA rMTRSMwCUnwE: OFFICtR$ AR WC7-161-037944-018 10/01/98 10/0I/99 ELasEASE.WUC;ULT I S 1 000 000 EL DaEASE - EA ETWLOTEE S 1, C)00, 000 C JOTHER B•ailder•s Risk & IM 2822063 10/01/96 10/01/99 2,500,000 Per Project Installation Fltr. s Aggregate CESCR.>q" OF Oi'ERAiION"OCATiOMS/YFl4CLESWECIAL ITEMS The Ci• of �uiitington Beach its agents, Qmployees and officers are naaed as addz%ona. insured, exgpt for workers compensation, as respects liabilit arZsisig Out of the named insured's operations re:. Peck Reservoir pu=p Station Modifications; CERTIFICATE HOLDER CANCELLATION HUNTCI T SHOIAD ANY OF THE AWVE ZMA1eE9 POLICIES U CANCELLIO s<FORE THE City of Huntington Beach CMRAT" DATE THEREOF, YNE ISSUNG C04APA.YY W.LL awL Dept. of public Works Attn: Eric Charlor-ne 30 DAYSWW'frENI-CMCTOTMECFPrnUTEWg--XRMAMWTOTMELM. 2000 Main St., P.O. Box 190 Huntington Beach CA 9264U AUTMOzEO REPRESENTATIVE ACORD 254 (1195) OACORD CORPORATION 1983 Q16*ali RCA (ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Amelco Construction Contract for Mechanical Screening at Peck Reservoir Pum2 Station -COUNCIL MEETING DATE: I October 5, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :::::::::::::RCA :KK:K 7 ........................................:!:K .. . ...... Im .... .... .. .. . . . . . . . . . . . . . . . . . . . . Ordinance (w/exhibits & le2islative draft if applicable) Attached Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w1exhibits if applicable) (Signed in full by the gLty Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form bZ Qky Attomey) Attached Certificates of Insurance (Approved Py the gLty Attomey) Attached Financial Impact Statement (Unbudget, over $5,000) Attached Bonds If applicable) Attached Staff Report If applicable) Attached Commission, Board or Committee Re2ort If applicable) Attached Findings/Conditions for Approval and/or Denial Attached ............. EXPLANATIO- - -- -------- 1 V. 1 EVI EWE A :':�;H:1:1 RETURNED:1..: DED Administrative Staff Assistant City Administrator (initial)_ City Administrator (initial) City Clerk .......................... VVV EXPLANATION fORRETURN DF ITEM ................................... ! .... ................ . ..................... . ............... ........ - - ----- ------- --