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HomeMy WebLinkAboutELSER CONSTRUCTORS, INC - 2000-10-16i s r COPIES TO: Front Desk Engineer City Clerk MEMPHIS AVE &ORANGE AVE WATER MAIN REPLACEMENT SEPT. 28, 2000 @ 2:00 PM (Engineer's Estimate: $1.1 Million) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. ALL AMERICAN ASPHALT $ 2. ATLAS -ALLIED INC. t 3. BNB ENGINEERING, INC. it 01 $ 9 ��lJ -7 4. BUNDIDGE $ 5. BYRON L. CRUME, INC. { 3 $ f 6. C. P. CONSTRUCTION CO, INC. tt $ 1 A71 9 �' 7. ELSER CONSTRUCTION (7� $ 7 s 8. ENGINEERED PLUMBING INC. + X� $ '7 9. FLEMING ENGINEERING $ 10. GCI CONSTRUCTION INC. AF< to $ 11. JOHN T. MALROY, INC. $ 12. KAY CONSTRUCTION c� $ 17 j 1,9 13. MARDEN SUSCO $ 14. MBI MAJICH BROS., INC. $ d l2 15. MILLER -BROOKS ENGIN. $ 16. PAULUS ENGINEERING $ G\BID LIST r� P4 �50W alo TWAT' ON %S �"Mo p r� 17. PETER ARTUKOVICH $ CONSTRUCTION 18. PIPELINE EQUIPMENT $ 19. R & L SEWERS 20. ROBERT B. CASTONGIA 21. SO. CAL. UNDERGROUND4�j $ 22. VASILJ CONSTRUCTION / 23. W. A RASIC 'CONSTRUCTION 24. WELLS SUPPLY COMPANY $ 25. WILLIAMS SUPPLY CO. G\BID LIST vm Elser Constructors, Inc. P. 0. Box 822 Calimesa, CA 92320 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 4Z= 14 xi Alk 71 I RECEIV661BY: (Name) fZ�1�._U► (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 6260) after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidendch, City Treasurer ATTN: JimSlobojan, Deputy City Treasurer AA FROM: 14� S DATE: 112.— � -Z -0N SUBJECT: Bond Acceptance I have received the bonds for � � Cj Nnidj�To\;�S I ANC (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. � IN — MSC No. Approved !nffi'43 r��� Agenda Item No. �� 2 (Coundfl Ap roval Date) t^ City Clerk Vault No. m('000 -� g:fjah/bondletter. doc City of Huntington Beach 1DINTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Project Manager DATE: November 27, 2001 SUBJECT: Retention Release Payment Company Name: Esser Contractors, Inc. Address: 39355 Hidden Drive City, State and Zip Code: Yucaipa, CA 92399 Phone Number: (909) 790-2121 Business License Number:A210952 Local Address: n/a Notice of Completion Date: September 20, 2001 Contract Purpose: Memphis Avenue / Orange Avenue Water Main Project, CC-1132 The attached 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. 111-2-71011 Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. /Z-3—J1 Date Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Connie Brockway,,qffy Clerk Retent. Release 11/27/01 1:07 PM D11P - Huntington Ci ty of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Project Manager�oN DATE: November 27, 2001 SUBJECT: Retention Release Payment Company Name: Elser Contractors, Inc. Address: 39355 Hidden Drive City, State and Zip Code: Yucaipa, CA 92399 Phone Number: (909) 790-2121 Business License Number:A210952 Local Address: n/a Notice of Completion Date: September 20, 2001 Contract Purpose: Memphis Avenue / Orange Avenue Water Main Project, CC-1132 The attached 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. certify that no stop notices are on file on the subject at this time. Date . Robert F. Beardsley, Public Works Director certify that there are no outstanding invoices on file. 12,-3-�I Date idenrich, City Treasurer certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. �, Z,qV4Zq! �i.r NO ' �. • - • Clerk Retent. Release 11/27/01 1:07 PM I.C.W. GROUP ®INSURANCE COMPANY OF TIME WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (858) 350-2400 FAX (858) 350-2707 MAINTENANCE BOND Bond No.172 12 55 KNOW ALL MEN BY THESE PRESENTS: PREMIUM; $573.00 That, ELSER CONSTRUCTORS, INC., as Principal, and INSURANCE COMPANY OF THE WEST, a corporation organized under the laws of the State of CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA, as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH in the sum of EIGHT HUNDRED FIFTEEN THOUSAND, THREE HUNDRED SIXTY-FOUR AND 15/100 ($815,364.15), lawful money of the United States of America, 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: SEALED with our seals and dated this 29TH day of OCTOBER, 2001. WHEREAS, on the , the said ELSER CONSTRUCTORS, INC., as contractor, entered into a contract for WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE for the sum of EIGHT HUNDRED FIFTEEN THOUSAND, THREE HUNDRED SIXTY-FOUR AND 15/100 ($815,364.15); and, WHEREAS, under the terms of the specifications for said work, the said ELSER CONSTRUCTORS, INC. is required to give a bond for EIGHT HUNDRED FIFTEEN THOUSAND, THREE HUNDRED SIXTY-FOUR AND 15/100 ($815,364.15), to protect the CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until SEPTEMBER 20, 2002. NOW, THEREFORE, if the said ELSER CONSTRUCTORS, INC. shall for a period of one year from and after the date of the completion and acceptance of same by said ELSER CONSTRUCTORS, INC. replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. ELSER CONSTRUCTORS, IN BY: INSURANCE COMPANY OF THE WEST BY: DWIGHT REILLY ATTORNEY -IN -FACT GN-ICW 163 (7/00) APPROVED AS TO FOR14-9.1 AIL F.bTTON, City Attorney : Deputy City Attorney CALIFORNIA .ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. OnOCTOBER. 29, 2001 before me, CLAUDETTE N.. MARTIN, NOTARY PUBLIC Data ' Name and nUe of OUloer (e.g., Jana Dos, Notary Publ ") personally appeared DWIGHT , REILLY------------------------------ T Narne(s) of Signers) 8 CLAUDET N. Mq I' N"', P COMM. #1177936 S KrSLIC BERNARDIryp�oRN1A p SAN 21 COUNTY .,...„„� Mr Corrvn. Fes. March 29 21xIx 1 11personally known to me ❑ proved tome on the basis of satisfactory evidence to be the person(p) whose nameW Isl mK subscribed to the within instrument and acknowledged to me that hekheikoXexecuted the same . In hisAmi authorized. capacity, and that by his/her/their signatures) op the Instrument the personk, or the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal. II.2a Place Notary Seat Above Signature of Notary Publio CLAUDETTE N. MARTIN OPTIONAL Though the Information below is riot required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: MAINTENANCE BOND Document Date: OCTOBER 29, 2001 Number of Pages: Signer(s) Other Than Named Above: NONE Capacity(les) Claimed by Signer Signer's Name: DWIGHT RE ILL) ❑ Individual * Corporate Officer — Tit1e(s): ❑ Partner — ❑ Limited ❑ General .1� Attorney in Fact ❑' Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: INSURANCE COMPANY OF THE WEST RIGHT TI1 -18PniNT Olf SIGNE11 0 1097 National Notary Assodallon • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. %07 Reorder: Call Toll -Free 1.800-876-SE27 No. 0000882 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint DWIGHT REILLY, H. J. DUECK AND ROBERT O. YOUNG their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. SEAL „ 0*FAX �wtr, 'l'1 at,Na John H. Craig, Assistant Secretary State of California County of San Diego } ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hanntmt, Executive Vice President On January 16, 2001, before me, Norm Porter, Notary Public, personally appeared John L. Harmum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA PORTER COMM. 4re0 NOTARY PUBUC-GAIOMs A MMmHo' C8,004 �t Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if mi—ally affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 2 9 TH day of OCTOBER 2001 Y*10- John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �/��ci ss. County of kl2l�/9,��/4�B" On 1 , before me, �-�� Date Name and Tide of Officer (e.g.. "Jane Doe, Notary Publi personally appeared A.24 DV_ I 9= *9 t inr fwt&a 'uauo'J III _ f4unoD oulprewap ues elwonso - o114nd'JBWN 9mt£t # u019lwWOO aasla NNV NV3r ❑ personally 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. FWITSS my ha=ddal seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do cu t , Title or Type of Document: _ 1t1) ✓ a-XXq-,VdC5 ;eo/yz) Document Date: ���li /4' * © g / Number of Pages: Signer(s) Other Than Named Above: Gi(DiV,� Capacity(ies) Claimed by Signer Signer's Name: d eo F 1171r� & , ❑ Individual ,QC. Top of thumb here >< Corporate Officer — Title(s): J ct) r ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ��. �"�/ �jQ.U67le J(x° Q 1999 National Notary Assooanon - 9350 De Soto Ave , P.O. Boa 2402 - Chatsworth, CA 91313-2402 -—.naboralnotary.org Prod No. 5907 Reorder. Call Toll -Free 1-800-876-6827 CROSBY INSURANCE, INC. FACSIMILE TRANSMITTAL SHEET T0: FROM: ROBERT MARTINEZ CLAUDETTE MARTIN FAX NUMBER: DATE: 714-374-1573 NOVEMBER 20, 2001 COMPANY: TOTAL NO. OF PAGES INCLUDING COVER: CITY OF HUNTINGTON BEACH 3 PHONE NUMBER: 714-536-5423 RE: ELSER CONSTRUCTORS, INC. CITY OF HUNTINGTON BEACH BOND NO.: 172 12 SS URGENT X FOR REVIEW PLEASE COMMENT PLEASE REPLY NOTES/COMMENTS: Dear Mr. Martinez; Please find attached Certificate of Fact on Insurance Company of the West needed for the above -referenced Bond. Please do not hesitate to call if you should need anything further. Thank you. 60 EAST NINTH STREET 0 UPLAND, CA 91786 • LICENSE #: 0187435 PHONE: 909-920-S811 0 FAX: 909-981-9385 NJ TY O F" ORANGE CDQNZ,'Y ffiJ MXCR C33RT PRCBATE COURT OPERATIONS 341 THE CITY DRIVE P. 0. BOX 14171 FlA N G, a ORANGE, CA 92613-1571 CL?IgK ❑P rHE SUP£R10R COURT Jt= 21, 2 M:1. �• / �' �' �.' Y• Y� •1. •1 /: • .•�: I • • :I a• :a:� 00#481'.j • MI• ••/ICY •. I •:' Y:1' 't 'r�•'�� •�' •:1' /1•✓' 1•' ••/^J ••��: •" •' 1•': 11Y• Y' •1' M• /•'1: •• '.1•V :I:A' Y:r: •1 /. :f •• i- :.� •' /• .M lair. • Y' ��.•+ .�` :N ��.�.� . M' �: Y:l "'V •JY • Y'•'d �" /J. • :• � � :a' :1Y ::r: � i:l: �. •:•��' :'r. / ► I. :1./' :, •1" :1• :I.a: J/i • Ali :/• 1.pPi%,C- 45 is .6. r:l' �•.i •,:: I.C. - .!4, B.,...�Milkal I The- Surety Association of America tint CONNRCIICUTAVENUE, NW, SU{TE WO. WA8HIN TON. DC 20M TEL• (20P)s63.0W— FAX: (8Q'd) 083.0606 *60SIN. ►natrJlwww.wretYaro LYNN M. 3CHUBHRT FrQW W1l To: Member Companies — Chief Bonding Officers From: Lynn M. Schubert, Edward 0. Gallagher and Robert 1. Duke Date: Novembea 1, 2000 Re: California Civil Code §995.660 EDWAFiP 0, (iALLAGHER MARTKA R HAMBY Viu pruo4 l al Pw c AAwA 04 apmfm" AMAN ROBERT J. DUKE d"dWAkWW*W40 BAR6ARA FINNEGAN REIFF MuAWA6guAmryr AAW+ BEAN P FO1.EY On October 31, 2000, the Califomia intermediate court of appeal issued it-9 decision an reconsideration in Walt Raskin & Associates, Inc, v. Cfy QfMItr4era_ ThC Court's original Opinion held that the City h,ad a mandatory duty to obra(n the loug list of documents set out in Cal. Civ. Code §995.660 and that the City, which had accepted a bond from a nonexistent surcry -company, was liable to en unpaid subcontractor because it breached that duty, On reconsideration, the Court still held the City liable, but it significantly narrowed the scope of the Ciry's duty. The new Opinion, which can be found at u rw cou_rt�fg, � v/fl 'ni�ng or on We8115w At 2000 WL 1621686, holds that the Ciry's d is only to verIfY that the ir an admijuT surety insurer in California, and it im t cc ng c Deparmient of Insurance�ite is fficient to satin that duty. At most, the City could require a cettifieate ftom the local County Clerk that t e sunrry s au oriry has not boon revoked, The Court decided that the City's only duty is to be sure the surety is admitted in California and that the solvency of the surety is to be detennincd by the Department of Insurance in the admissions process. The significance of this case to sureties lies in the reaction of California munieipelittea. After the originni Opinion was published, a nurnber of Cities issued.bid specifications requiring every surety to submit all of the documents listed in §995.660 with each bond. We expect that the revised Opinion will cause these municipalities to eliminate or drastically reduce the documents they require. Until the bid specifications are changed, however, sureties, contractors and producers should be careful to comply with the bid documents. " ,&I� - W UD LD a-Y,C-R- -,CA , (C) 0, v' PAID AP- ICATION FOR BUSINEc LICENSE CITY TREASURER UTY OF HUNTINGTON BEACH NOV 2 2 2000 Shari L. Freidenrich, City Treasurer CITY OF HUNTINGTON Business License Div. - P. 0. Box 711 - 2000 Main Street BEACH CALIFORNIA Huntington Beach, CA 92648 - Tel. (714) 536-5267 Fax (714) 374-1603 www.ci.huntington-beach.ca.us PLEASE TYPE OR PRINT Business Name: Elser Constructors, Inc. Business Address (30 spaces maximum) 39355 Hidden Heights Dr. Corp. Name: Elser Constructors, Inc. tt=y, CA 92223 Tel.# (909) 790-2121 Number Street City Zip Mailing Address: same as above Tel. # same as above Number Street City Zip Web Site Address: none E-mail Address: none Description of Business: General Engineering Contractor Professional License # Date that you started/will start business in Huntington Beach: 11 /27/00 SIC:_ Do you receive deliveries from vendors? Yes X No If yes, please attach a list of vendors. Contractors: State of California License # 700649 Class: A Type of Job: Public Works Job Memphis Ave. & Orange Ave. Project Address: Water Main Replacement Are you the General Contractor for this job? Yes S No This business is: ( ) Individual Federal EIN # ( ) Partnership Federal EIN # and/or Social Security # and/or Social Security #, (X) Corporation Federal EIN # 33-0634910 and/or State ID # 349-52A1-1 List Owner(s) 1. 2. (Corporations attach list o4:-1- cer5 Number of individuals working in Huntington Beach (include employees, managers, owners): Full time 7 Part time Nurp�er pf business vehicles used in Hunt. Beach: Under 1 ton 1 to 3 tons over 3 tons License Plate # N/A Various construction equipment — — — o Do you collect sales tax? Yes No _ X Resale #_bjo License Plate # "' N O.C. Health Dept. Permit # N/A Do you have a burglar alarm system? Yes No X Permit # No. of Rental Units: (Apts, Motel/Hotel Rooms, Trailer Spaces) Date of Purchase: 414 No. of Rental Equipment: Passenger autos Trucks -- Trailers — (2 whl) (4 whl) No. of Coin Operated Machines on Premises: Music— Vending — Service= Amusement--(incl. pool tables/video games etc) Vending Company's Name & Address: I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation. (PLEASE CHECK ONE OF THE FOLLOWING) Certificate of Workers Compensation Insurance ❑ Certificate of Self -Insurance of Workers Compensation ❑ I certify that in the performance of work for which this license is issued I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California. Note: If after signing the certificate, you hire any employee, you become subject to the workers' compensation provisions of the California Labor Code and you must immediately ply with the provisions of Section 3700 or your license immediately becomes revoked. I hereby declare der p nalty above statements and information are true and correct. Signature: — Title: President Date: 11 /21 /00 Dennis E. Elser FOR OFFICE USE ONLY: Certificate of Occupancy filed: wretkc� ofvaMA. late: TOTAL DUES ? 7 Receipt # CODE: Paae 1 of 2 DECLARATION OF SATISFACTION OF CLAIMS I, DENNr q F ELSER , PT ESTD .-_ , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public «-orks contract entitled MEMPHIS AVE- & nRANr,F 4.37F r 1901 11 32 and dated OCTORBER 16, 2001 2. All workers and persons employed, all firms suppling materials, and all subcontractors for the above -mentioned project have been paid in full. The following are either disputed claims, or items in connection NNith Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `NI ONE") I declare under penalty of perjury that the foregoing is true and correct. Executedat YUCAIPA, CALIFORNIA on this 3—day of-o9TOBE--moo4994. /1: — s — A:�' (Signaturc of Contractor) presi ent ELSER CONSTRUCTORS, INC. LIC.;<#700649 A 39355 HIDDEN HEIGHTS DR. YtVA, CA 92399 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of "/YI1C� On lY - E before me, e al;4 TE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY P IC - personally appeared L241y �- /--- - NAME(S) OF SIGNER(S) personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SER signature(s) on the instrument the person(s), ANN EL ` Commission #1313468 or the entity upon behalf of which the Z Notary Public - Califomia San Bernardino Cnty person(s) acted, executed the instrument. ou pMyComrn. Expires Jul 16, 2005 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ DIVIDUAL 9RPTATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: (S) (I S) IT, )-— I` - /1--- . TITLE OR C; 41 - NUMBER OF PAGES A, r, - �' 0 S & - �')w DATE OF DO MENT %%L'7c.P_ SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92048 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-1132 MEMPHIS AVE & ORANGE. AVR • WATER MAIN ILLT Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen 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 contract• or training program provisions applicable to the wage rate paid. Simature an Title PRESIDENT ELSER CONSTRUCTORS, INC. LIC.#700649 - A 39355 HIDDEN HEIGHTS DR. YUCAIPA, CA 92399 &:cc :uhconl Vyjl�FU CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of �2G2L- On 8 before me, D personally appeared N S,6,1 4 NAME, TITLE OF OFFICER - E.G., -JANE DQf, NOTARY NAME(S) OF SIGNER(S) ,personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), JEAN ANN on#i31 R or the entity upon behalf of which the Cortunisalon ;! 131346b Y P NotaryPubk-COperson(s) acted, executed the instrument. San awrmdino l,'�tlfily Illy tyoa>�n E1gi�nls JN 1 B, 2Ei�' WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ElAt4DIVIDUAL ORP RATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME. RSON(s ENTrrYOES) DESCRIPTION OF ATTACHED DOCUMENT OR TYPE 4 NUMBER OF PAGES p` eZ DATE OF DOCUMENT 1_0? _� SIGNER(S) OTHER THAN NAMED ABOVE r 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-71 B4 Cite of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-1 1 32 MEMPHIS AVE & ORANGE AVE_ WATER MAIN EPf PROJECT Project No. Title herebv certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid Nva2es 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. Signature ana Title pRESIDENT ELSER CONSTRUCTORS, INC. LIC.#700649 - A 39355 HIDDEN HEIGHTS DR. YUCAIPA, CA 92399 g cc cishconI � s. "I IF CALIFORNIA ALL-PURPOSE AKNOWLEDGMENT No. 5907 State of (/ County of On 8 before me, DAX personally appeared 4e NAME, TITLE OF OFFICER - E.G., -JANE DCk, NOTARY NAME(S) OF SIGNER(S) personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), y up JEANELSEA ComffdsWw ! i3134tl� or the entity on behalf of which the ndssior► � �ndlnory person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑1KIDIVIDUAL YCORP RATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME gFpERSON(S R ENTITY(IES) LAO ,�-- DESCRIPTION OF ATTACHED DOCUMENT OR TYPE OF DOCUMENT 4 NUMBER OF PAGES DATE OF DOCUMENT CO?X�(— SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 DECLARATION OF SATISFACTION OF CLAINIS I, DENNIS F_Er cERT� ENT _ ,state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled MEMPHIS AVE- & nRANr P. AVE. S? 111 32 and dated OCTORBER 16, 2001 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. The following are either 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: (if none, state `'N10NE") I declare under penalty of perjury that the foregoing is true and correct. Executed at YUCAIPA, CALIFORNIA on this -- day of OCT-OBER, 2II04 994. /C)_s-4 C: � ? (Signature of Contractor) press ent ELSER CONSTRUCTORS, INC. LIC.#700649 A 39355 HIDDEN HEIGHTS DR. VtfA, CA 92399 i GI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of57 County of 41y /j On P6" �z _� before me, �pa az� TE n NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY P IC - personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ❑ 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their JEMIANN EL3ER signature(s) on the instrument the person(s), " Commission#13134M or the entity upon behalf of which the Notary Public - Calftmis person(s) acted, executed the instrument. San Bemardino County My Comm. E*= Ju11 t3, 2005 WITNESS my hand and official seal. �L ZL SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ DIVIDUAL OR/ATE -OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N E PERSON(S) ENTITY(I S) TITLE OR — d, NUMBER OF PAGES e0rn ('t_ dAz DATE OF DO06MENT / / r-e SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIllll1111111111111111111111111111NO FEE 20010665037 03:56pm 09120101 123 15 N12 1 0.00 0.00 0.00 0.00 0.00 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 ON Beach, CA- 92648, that the contract heretofore awarded by the City Council of the City of Huntington +J Beach, California to Elser Constructors, Inc. who was the company thereon for doing the following work to -wit: ."c CC--tM— WATER MAIN REPLACEMENT PROJECT LWThis project includes the water pipeline replacements in Orange Ave. (between Goldenwest St. and 11tn o C St. - approx. 4,000 LF) and in Memphis Ave. (between Alabama St. and Delaware St. - approx. 1,200 LF). b W That said work was completed September 4, 2001 by said company according to plans and 14 specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said 4J u° work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held 44 o Q) on Monday, September 4, 2001. 0 W That upon said contract Insurance Company of the West was surety for the bond given by the said J company as required by law. b +J uJ This document is solely for the official business of the City of Huntington Beach, as contemplated under u Government Code Section 6103 and should be recorded free of charge. 3 Dated at Huntington Beach, California, this 12"' day of September, 2001. ++ w 4J Cd u° O v o o N City Clerk and ex-officio Clerk o b N of the City Council of the City w °a. of Huntington Beach, California o +' STATE OF CALIFORNIA ) 04 � County of Orange ) ss: u +' W City of Huntington Beach ) W •o 4J W o 0 v 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 a o +, NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and 0 u 0 regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City 0o x s Council. 0 $4 o H �°. Dated at Huntington Beach, California, this 12"' day of September, 2001. City Clerk and ex-officio Clerk 4 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 — 2000 Main St. Huntington Beach, CA 92648 -iTY OF HUNTINGTON BEA .R- MEETING DATE: September 4, 2001 DEPARTMENT ID NUMBER:PW 01-112 Council/Agency Meeting Held: 09 - 4y -01 Deferred/Continued to: XA roved ❑ Conditionally Approved ❑ Denied DwA. (Qgyber s ignature Council Meeting Date: September 4, 2001 Department ID Number: PW 01-112 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Ad ministrator,�r,so a J-7 ce-r, PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work -o �, o SUBJECT: Accept the Construction Contract for the Water Main ) Replacement on Orange and Memphis Avenues a CC-1132, and File a Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City accept the Orange and Memphis Avenues Water Main, CC-1132, improvements constructed by Elser Contractors, Inc.? Funding Source: Sufficient funds were authorized from the Water Capital Improvement Fund. No additional funds are requested. Recommended Action: Motion To: 1. Accept the Orange and Memphis Avenues Water Main Replacement Project, CC-1132 at a final project cost of $817,291.15 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On October 16, 2000, the City Council awarded a contract to Elser Constructors, Incorporated, in the amount of $743,704.50 to remove the existing water line and construct PVC water mains along Orange Avenue between Goldenwest Street and 11th Street; and Memphis Avenue between Alabama Street and Delaware Street. 01-112 sept 4 Martinez (Notice of completion cc1132).doc-2- 8/22/01 2:12 PM I -QUEST FOR COUNCIL ACT► .4 MEETING DATE: September 4, 2001 DEPARTMENT ID NUMBER:PW 01-112 The approved budget for the Orange and Memphis Avenues Water Main Project, CC-1132, also included an additional $75,000 (approximately 10% of the construction costs) to cover potential change orders, and $56,295.50 in supplemental expenses for the total project amount of $875,000. 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 with the County Recorder's Office. The following is a summary of the final project costs: 1. Contract amount: 2. Change orders: Project Construction Costs: 3. Supplemental Expenses: Total: Council Approved $743,704.50 75,000.00 $818,704.50 56,295.50 $875,000.00 * Actual quantities were greater than estimated. ** Four (4) change orders were issued on this project. Attachment(s): RCA Author: Martinez;ram/Id 01-029 Martinez Actual Expenditures $755,870.47* $61,420.68** $817,291.15 8 504.23 $825,795.38 01-112 Sept 4 Martinez (Notice of completion cc1132) -3. 8/21/01 12:24 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 12, 2001 Gary Granville County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 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, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, eeow G 6FW"41' Connie Brockway, CIVIC City Clerk CBJh Enclosure: Notice of Completion — CC-1032 —Water Main Replacement Project — Elser Constructors, Inc. 1 Tele phone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. 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 Elser Constructors, Inc. who was the company thereon for doing the following work to -wit: CC-1032 —WATER MAIN REPLACEMENT PROJECT This project includes the water pipeline replacements in Orange Ave. (between Goldenwest St. and 11t' St. - approx. 4,000 LF) and in Memphis Ave. (between Alabama St. and Delaware St. - approx. 1,200 LF). That said work was completed September 4, 2001 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, September 4, 2001. That upon said contract Insurance Company of the West 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 12"' day of September, 2001. 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 12t' day of September, 2001, City Clerk and ex-officio Clerk e 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 — 2000 Main St. Huntington Beach, CA 92648 ATTACHMENT #1 IJ 0 VICINITY MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS NOT TO SCALE ;o: RCAf,iOUTING 4 iEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Orange and Memphis Avenues Water Main Project, CC-1132, and File a Notice of Completion COUNCIL MEETING DATE: September 4, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits 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; FOR MD Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk EXPLANATION FOR"RETURN OF ITEM RCA Author: Martinez:ram RECEIVED BY: CITY CLERK RECEIPT COPY DUPLICATEReturn 7h^ �, ��G�� Jeffrey Hughes et. 6 60) (Name) after signing/dating UO (Date) ,q CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: JimSkobojan, Deputy City Treasurer A,�i �A-- \.j 4 FROM:S DATE: (�-- 16— (T-) SUBJECT: Bond Acceptance I have received the bonds for �h �N Sfi�' , LAS; I N t (Company Name) FWWih*Performance Bond No. 7 2 It 577� Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. 3 �- MSC No. Approved � — � b — 60 (Council Approval Date) 1-12 12 SS 1 7-2- 12 55 Agenda Item No. City Clerk Vault No. i g:lah/bondletter.doc ;, f& CITY OF HUNTINGTON BEACH eLj 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: November 10, 2000 TO: Elser Constructors, Inc. ATTENTION: Dennis E. Elser, Pres. Name 34590 County Line Road, Suite 6 DEPARTMENT: Street Yucaipa, CA 92399 REGARDING: Construction Contract City, state, zip cc-1132 See Attached Action Agenda Item E-8 Date of Approval 10-16-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds-x CC: E. Charlonne Name S. Freidenrich Name RCA Deed DPW X X Department RCA Agreement Treas. x Department RCA Agreement Insurance x Other X Insurance Insurance Name Department RCA Agreement Insurance Name Department RCA Agreement Insurance C. Mendoza x x x Risk Management Dept. Insurance L._. 9_0P Other bonds Other Other Other ( Telephone: 714-536-5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ELSER CONSTRUCTORS, INC. FOR WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE (BETWEEN GOLDENWEST STREET AND 11T" STREET) AND IN MEMPHIS AVENUE (BETWEEN ALABAMA STREET AND DELAWARE STREET) CC-1132 TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 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 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY'S FEES 15 32. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ELSER CONSTRUCTORS, INC. FOR WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE (BETWEEN GOLDENWEST STREET AND 11T" STREET) AND IN MEMPHIS AVENUE (BETWEEN ALABAMA STREET AND DELAWARE STREET) CC-1132 THIS AGREEMENT, made and entered into this 16th day of October 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ELSER CONSTRUCTORS, INC., 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 water pipeline replacements in Orange Avenue (between Goldenwest Street and 111h Street) and in Memphis Avenue (between Alhambra Street and Delaware Street) (CC-1132), 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 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, 00agreeAvater pipe/10/10/00 and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them 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, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by 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 2000 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 00agree/water pipe/10/10/00 2 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's 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 Contract Documents, a sum not to exceed Seven Hundred Forty Three Thousand Seven Hundred Four Dollars and fifty cents ($743,704.50), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 00agree/water pipe/10/10/00 3 within One Hundred Twenty (120) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 00agree/water pipe/10/10/00 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the 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 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the 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 the 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 The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or 00agree/water pipe/10/10/00 5 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 the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR 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. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto 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. 00agree/water pipe/10/10/00 6 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to 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 nowise 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 the CONTRACTOR 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 material 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. 00agree/water pipe/10/10/00 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the 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. The 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; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the 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 the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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 00agree/water pipe/10/10/00 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the 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 the 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 the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 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 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 drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 00agree/water pipe/10/10/00 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against 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, and employees against any and all liability, claims, judgments, costs and demands, however caused, including 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 the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agree/water pipe/10/10/00 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with 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 of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 00agree/water pipe/10/10/00 11 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: 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 is not subject to any deductible or self -insured retention, or any other form 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 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 the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 00agree/water p1pe/10/10/00 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 00agree/water pipe/10/10/00 13 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 party. 28. CAPTIONS Captions of the section 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 U.S.C. Section 1324a regarding employment verification. 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 00agreeMater pipe/10/10/00 14 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. 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. ELSER CONSTRUCTORS, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: J - Dennis E. Elser, President ^ �� AND Mayor By: ✓ . ATTEST: / Dennis Elser, CFO /��CA�/ (see corporate resolution attached) ( aoi— City Clerk 11-- )o- a' REVIEWED AND APPROVED: APPROVED AS TO FORM: City XdEministrator �7-City Attorney_D1�o INITIAT AND AP P OVED: z Lo 8 Director of ublic orks jI �00 I 00agree/water pipe/10/10/00 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of San Bernardino On October 31, 2000 before me, MAY J. Prothero, Notary Public DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared Dennis E. Elser , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name($s re subscribed to the within instrument and ac- knowledged to me that'�he/they executed the same in Is er/their authorized capacity(km), and that by-l�her/their signature4* on the instrument the person(o), or the entity upon behalf of which the person(*) acted, executed the instrument. MARY J. PROTHERO WITNESS my hand and official seal. commission # 1169855 Notary Public -California 'A k�24�� lip San Bernardino County W COMM. BOLDS Jan 16, 2002 SIGNATURE OF NOTARY Mary J. Prothero OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER President & CEO TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) El G r Co G ructor . Inc. DESCRIPTION OF ATTACHED DOCUMENT Construction Contract N/A N/A TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 IR 1,,I \r ` SECTION C 0 PROPOSAL for the MEMPHIS AVENUE AND ORANGE AVENUE WATER MAIN REPLACEMENT PROJECT From MEMPHIS AVENUE: ALABAMA STREET TO DELAWARE STREET ORANGE AVENUE: GOLDEN WEST STREET TO IITH STREET • CASH CONTRACT No. 1132 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 100 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. • BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 0 RLSPECSVfUAWAU7VXBE4C"R0,UEAT001LERPLAM C-is ♦✓PROJECT BID SCHEDULE ORANGE AVENUE AND MEMPHIS AVENUE WATER MAIN REPLACEMENT , BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 1 Mobilization 1 LS $�ao 2 Furnish and install 12-inch PVC pipeline with nitrile (NBR) gaskets, including all valves, fittings, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. 3,717 LF 3 Furnish and install 8-inch PVC pipeline with nitrile (NBR) gaskets, including all valving, fittings, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these complete and in 1,177 LF $ 9 -- $ 1��? 9 a=' plans, place. 4 Furnish and install 12-inch Ductile Iron pipeline with nitrile (NBR) gaskets, including all valving, fittings, and appurtenances, polyethylene wrap, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as these complete and in 176 LF 40 $ 41 ea $ shown on plans, place. 5 Furnish and install 12" resilient wedge gate valve, including valve box and appurtenances, in 4 EA $ $O — complete and place. 6 Furnish and install 8" resilient wedge gate valve, including valve box and appurtenances, complete and in 4 EA $,ADO $ place. 7 Furnish and install 12" x 12" hot tap connection, including valve, valve box and appurtenances, complete and operative in place. 1 EA 8 Furnish and install 12" x 8" hot tap connection, including valve, valve box and appurtenances, in EA as complete and place. 2 4 4 4 RWtX7SWI&77NGTO,V BE,IC'HVRANQE AVEIBOIF,R PUTS C-1 s 4 0• , d PROJECT BID SCHEDULE ORANGE AVENUE AND MEMPHIS AVENUE WATER MAIN REPLACEMENT Ul • C U • C • BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 9 Connect proposed water main (tee tie-in connection) at existing 6" main, including all valving, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, pp complete and operative in place. 3 EA �� $& 10 Connect proposed water main (tee tie-in connection) at existing 4" main, including all valving, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 1 EA 11 Connect proposed water main (cross tie-in connection) at existing 6" main, including all valving, fittings, temporary blowoffs, and appurtenances, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and operative in place. 22 EA ����cb ��dT $/r=7,`yy= 12 Furnish and install new fire hydrant assembly, including fire hydrant, bury, piping, appurtenances, excavation, backfill and surface repair, as shown on these plans, complete and in place. 13 EA 13 Remove and salvage fire hydrant, including removal and disposal of bury, valve box and valve cover, backfill, and surface repair, as these shown on plans, complete and in place. 12 EA $&9o� $•� 14 Furnish and install blow -off assemblies, including all valving, fittings, and appurtenances, as shown on these plans, complete and in place. 2 EA gib o 15 Furnish and install air and vacuum assemblies, including all valving, fittings, and appurtenances, as shown on these plans, 3 EA complete and in place. R pal.SV C,',NWNGTONBEACHOKOGEAiEWIL RPLATE C-Z.s PROJECT BID SCHEDULE ORANGE AVENUE AND MEMPE IS AVENUE WATER MAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 16A Furnish and Install new 1" polyethelyne water service, including piping, fittings, valving, abandonment of existing line, trench excavation, pipe bedding, backfill, compaction, reconnection to customer side, and appurtenances, complete and operative in place. 12 EA $ $� 16B * Furnish and Install new 1" copper water service, (opt.) including piping, fittings, valving, abandonment of existing line, trench excavation, pipe bedding, backfill, compaction, reconnection to customer side, and appurtenances, complete and oc, operative in place. 12 EA N/A 17 Cut and cap/plug existing waterline, including all appurtenances, as shown on these plans, and in 33 EA $� complete place. 18 Abandon valve in closed position, including removal and disposal of valve box and cover, P� backfill, and surface repair, complete and in 5 EA place. 19 Remove and Salvage Valve, including removal and disposal of interfering pipeline, and cutting and sealing of pipe ends, complete and in place. 13 EA 20 Remove and replace concrete cross gutter, as A shown on these plans, complete and in place. 1 EA $� $ 21 Remove and replace concrete gutter, as shown 9 on these plans, complete and in place. 1 EA $ $ oo _ 22 Furnish and install temporary blowoff for pressure testing, including all appurtenances, as shown on these plans, complete and in 3 EA place. R1SPECSWUNYNGTONBEACMORANGEAPEWIL RPLATE C-3s PROJECT BID SCHEDULE ORANGE AVENUE AND MEM EE[S AVENUE WATER MAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 23 Replace existing cross with 12"x6" tee, including all fittings, and appurtenances, excavation, cutting and sealing of pipe, backfill, and surface repair, as shown on these plans, complete and in place. 2 EA $ $� 24 Replace cross and valves with 6" PVC spool, including salvaging of valves, all fittings and appurtenances, excavation, backfill, and surface repair, as shown on these plans, complete and in place. 5 EA $ 25 Furnish and install 12"x8" cross and tie-in connection at 11' Street, including all valving, fittings, and appurtenances, excavation, backfill, and surface repair, as shown on these plans, Qo complete and in place. 1 EA 26 Chlorination and testing of all new water mains � Qa and appurtenances, complete and in place. 1 LS $ 27 Traffic control throughout work area. 1 EA $�oo 28 Furnish and install asphalt concrete pavement in accordance with the specifications, including but not limited to, area over trench and T section, and all appurtenant material, equipment and labor. 27,500 SF $ Q(y�Qa 29 Remove and replace alley driveway approach in indicated SF complete place, as on the drawings. 700 $-Z $� 30 Additional construction beyond standard pipeline installation for Special Trench Construction for 8" diameter pipeline in remediated soil, including excavation, backfill, compaction, and asphalt concrete pavement removal and replacement, as field determined by soil inspection, testing, and City approval, complete and in place. place. 295 '`' LF MPEC S1HUNTMGT0N BEAChWRANGE AVEMILER PLATE C4s PROJECT BID SCHEDULE ORANGE AVENUE AND MEMPHIS AVENUE WATER MAIN REPLACEMENT BID ITEMS Item Size- Unit No. Description Quantity Unit Cost Total Cost 31 Additional construction beyond standard pipeline installation for Special Trench Construction for 12" diameter pipeline in remediated soil, including excavation, backfill, compaction, and asphalt concrete pavement removal and replacement, as field determined by soil inspection, testing and City approval, complete and in place. Place. 975 ** LF s= $ /Z/ro -' 32 Demobilization and Cleanup 1 LS $ $yO Total Amount for All Bid Items $ Total Am unt for All Bid Items in Words * Optional bid item is for use of copper piping for water service in lieu of City standard polyethylene. Unit cost will be provided for bidding purposes only. The sum of the total bid amount shall not include Bid Item 16B. Use of copper pipe water service will be as directed by the City. ** For bidding purposes, length of special trench construction is estimated to be equal to 25% of total pipeline installation length for the project. Actual length of special trench construction required will be field determined and approved by the City. All extensions of unit prices will be subject to verification by the Owner. In case of variation between the unit price and the extension, the unit price will govern. The Owner reserves the right to reject any or all proposals and bid items. RLSPFCSIHUN7INGTO.VBFIChWR4, GEAVb1BOILERPLATE C-Ss 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 457 % in the amount of "ich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids ayable to the AGENCY. (Please insert the words "Cash", "Certified Check", idder's Bon -, as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received .46idd 's Signature RLSPECSWU,VH,JGTO,V BF.AChWR"GE AVEW01LER PLATE C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I I Number /r // Z!�-7 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. RWE(SVTUV77NG701VBEAC"R,MX;E.IVEWO7LER PLITE C-3 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Dennis E. Elser , being first duly sworn, deposes and says that he or she is President Of Fl G r Cma runtars. Tnr. _ 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 fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or t to any member or agent thereof to effectuate a collusive or sham bid. Elser Constructors, Inc. Name of Bidder ✓ - 4 Signature of Bidder Dennis E. Elser, President 34590 County Line Rd., Ste. 6 Address of Bidder Yucaipa, CA 92399 Subscribed and sworn to before me thi941r:ay of 2000. MMty J. MOTI ERp COMM%sion # 116985,'f Nof y Public - Ccefa r io son Nmorclino County MyC*"-80ftJan lb,MM NOTARY PUBLIC y 3�V � Prothero NOTARY SEAL RISPECSMAWNGTON BEACNIORANGE AMBOILER PLATE C4 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 MEMPHIS AVENUE AND ORANGE AVENUE WATER MAIN REPLACEMENT PROJECT, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Elser Constructors, Inc. Contractor / �_/ 6 _ By Dennis E. Elser Title Date: September 27, 2nnn President RISPECSVIUNnArGTONBEACNIORANGE.4 EIBOILERPLATE C-5 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 jib 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. 0 RISPEC'S1N1=NGT0V BEACMORANGE APWOILER PLATE C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Elser Constructors, Inc. Contractor / � 9C / /�-� 0-- — By Dennis E. Elser President Title Date: September 27, 2000 RISPECSWU,V17NGR7NBEaCMOR"GE.I DEIBOILER PLITE C-7 C • 0 i 0 a 10 UNDERGROUND 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 Section 4216/4217 of the Government Code requires a Dig Alert before a Permit to Excavate will be valid. AGENCY. Number be issued To obtain a Dig Alert Identification Number, call Undergr d Service Alert at 1-800-422-4133 a minimum of two working days before scheduled exca hon. Dig Alert Identification Number: Contractor By Title Date: 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. 0 RISPECSIH1NR,VGr0N BE4ChWRANOE AVEMILER PUTS C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elser Constructors, Inc. Bidder Name Mailing: P. O. Box 822, Calimesa, CA 92320 Street: 34590 County Line Rd., Ste. 6, Business Address Yucaipa CA 92399 City, State Zip ( 909 ) 790-2121 Telephone Number #700649 State Contractor's License No. and Class 9/94 Original Date Issued 12/31/01 Expiration Date The work site was inspected by Dennis E. Elser of our office on 9 / 18 , 2000. The following are persons, firms, and corporations having a principal interest in this proposal: Dennis E. Elser is: President, V. Pres., Sec/Treasurer, & General Manager RUPECSWUAWVGTUNBEAChVRANGEAVFW011 RPLIlE C-9 L] The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elser Constructors, Inc. Signature of Bidder Dennis E. Elser, President Printed or Typed Signature Subscribed and sworn to before me th' day of , 2000. NOTARY PUBLIC See attached for proper acknowledcoent 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: 1. City of Garden Grove, 11222 Acacia Parkway. Garden Grove, CA 92843 Name and Address of Public Agency Name and Telephone No. of Project Manager: Robert Righetti - (909) 201-2983 Cell Phone 2,491,785.00 Water, -Sewer & Infrastructure Improvements 3/00 Contract Amount Type of Work Date Completed 2. City of Garden Grove, 11222 Acacia Parkway, Garden Grove, CA 92840 Name and Address of Public Agency Name and Telephone No. of Project Manager: Navin Maru - (714) 741-5180 461,438.00 Sewer 6/00 Contract Amount Type of Work Date Completed 3. City of Garden Grove, 11222 Acacia Parkway, Garden Grove, CA 92840 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ken Anderson - (714) 741-5561 2,253,589.00 Water Trans. System Upgrade 6/98 Contract Amount Type of Work Date Completed RWE(. SWUN",VGTONB,EiCMORANGEAVE1801LER PLATE C-10 SECTION D SAMPLE CONTRACT RMECSWUAWAV ,VBEAChWRAAGEAPEWILERPLiIE D-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of San Bernardino On September 27, 2000 before me, May J. Prothero, Notary Public DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC - personally appeared Dennis E. Elser NAME(S) OF SIGNER(S) Ej personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(>E Is are subscribed to the within instrument and ac- knowledged to me th< she/they executed the same in (hi/her/their authorized capacity(ioo.), and that by his her/their signature(* on the instrument the person(4), or the entity upon behalf of which the person(a) acted, executed -the instrument. MANY J.PROTHM W NESS my hand and official seal. GD�n�ion # 1 H9�$,df Mk'=1r Fabric - caft7 t so iwrtotdno �' *CWAft�.b) K IGNATURE OF NOTARY Mary J. Prothero OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ER CORPORATE OFFICER President Tm E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYQES) E7 c r o-Stnictors., Tnc- DESCRIPTION OF ATTACHED DOCUMENT Proposal TITLE OR TYPE OF DOCUMENT N/A N/A NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 INSURANCE COMPANY OF THE WEST P.O. Box 85S83, Som Diego, CA 92188-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: Thatwa� ELSER CONSTRUCTORS, INC. (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of Womia, and duly licensed for do purpose of making, guaranteeing or bec m tg sole surety upon bonds or undertakings required or wthorized by the lawn of the State of _CALIFORNIA _ . as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hetoinatbr coiled the obligee) in the Just and full sum of TEN PERCENT OF THE TOTAL AMOUNT B I * Dollars(1 10 % * * * * * * * * * ) lawful money of the United Sbstes of Ameuice, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, admWstratora, eudoessors and assigns, jointly and severally, Armiy by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Prindpal as aforesaid, is about to hand in and submit to the a AND S RANEPTEMBER 28, 2000 for THE MEMPHIS AVEgUE `G In accorderwe with the Plans ,and specifications filed in the office of the obilpes and under the notice Inviting proposals therefor. NOW, THEREFORE, I the bid or proposal of said principal shall -be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said pdWpat shall enter Into a contract and bond for the completion of said work as required by law, then this obliptim to be nuts and void, otherwise to be and remain In full force and effect. IN WITNESS WHEREOF, said principal and acid Surety have.caused those presents to be duly signed and sealed this 2 5 TH day of SEPTEMBER. 2000 ELSER CONSTRUCTORS, INC. Dennis E. Elser, President INSURANCE COMPANY OF THE WEST By G,I DWIGHT REILLY, Attorney -in -Fact ICW CAL 120 (7j90) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of SAN BERNARDINO OnSEPT. 25, 2000 ' before me, CLAUDETTE N. MARTIN, NOTARY PUB)(, IC Date Nam and We of Offloer (e.g., "Jane Doe, Notary Public") personally appeared DWIGHT REILLY------------------------------ N s) of Slpner(s) XXpersonally known to me Cl proved to me on the basis of satisfactory evidence to be the person( whose name(§i isXOW subscribed to the within instrument and acknowledged to me that he/XIXd01K)Kexecuted the same in his/HAf/XMt'X authorized capacityOW), and that by his/KiVr7 KAK signature(iq on the instrument the person(t), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above sa�ure d Notary Public CLAUDETTE N. MARTIN OPTIONAL Though the Informatlon below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: SEPTEMBER 25, 2000 Number of Pages: Signer(s) Other Than Named Above: NONE 1 Capacity(les) Claimed by Signer Signer's Name: DWIGHT REILLY-------------------------- ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: INSURANCE COMPANY OF THE WEST I J 0 1997 Naftml Notary Associatbn • 9360 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 Prod. No. 6907 Reorder. Call Toll -Free 1.800.876-M7 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: DWIGHT RE -ILLY ;ts the and lawful Attarney(s)win-Fact, with full power and. authority, to execute, on behalf of the Company, fidelity Gnd surety bonds, undertakings, and :ther contracts of suretyship of a similar nature. his -ft- w of Attorney is granted and is signed and sealed by facsimile under the authority of ttre following Resolution adopted by the Scald of Directors on the 23rd day of February, 1996, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED. thtrt the Chairman of the Board, the President, an Executhe bite President - r a Senior Vic.a President of the Compary, and ea& of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power at Attorney to execute or behalf of the Company, fidlity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the awal or the Company: provided however, that the absence of the seal sbuli not affect tt+e validity of the instrument. FURTrIER RESOLVED, diet the signatures of such officers and the seat of the Company, and the signatu.-ss ci any witnesses, the signatures and :teat of any notary, and the'signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, iN$URN,ntCE COMPANY OF THE "VEST has caused these presents tr, be signed by "is duly authorized officers this 23RD day of SEP'T E !BER 1999 . ��oa�aro. INSURANCE COMPANY OF THE WEST r� S T ATE OF CALIFORNIA ohn L.-Hannum, Executive "Am President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the pourer of attorney, pursuant to California Probate Code §4121 and 4122. ancy, Ruby, _j CERTIFICATE: Piney Boa --,a I, J. Douglas Browne, Vice President of INSURANCE COMPANY OF THE WEST, do hereby ceRify that the or;gina! POWER OF .ATTORNEY, of which the foregoing is a true copy; is still in full force and effect, and that this certificate may be signed by fa :simile under We authority of the aoove quoted resolution. iN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 2 5 TH day of ICW 37 SEPTEMBER 2000 INSURANCE COMPANY OF THE WEST a ka!142 Atu';p-e J. Douglaewowre, V'we President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Bernardino On September 27, 2000 before me, Mary J. Prothero,. Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Dennis E. Elser NAME(S) OF SIGNER(S) E3cpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(r) whose name( Is are subscribed to the within instrument and ac- knowledged to me that�se he/they executed the same in her/their authorized capacity(iss), and that by(3/her/their signature(,*) on the instrument the person(%), or the entity upon behalf of which the person(4) acted, executed -the instrument. W NESS my hand and official seal. SIGNATURE OF NOTARY Mary J. Prothero OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL Ek CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpES) El S _r n Gf-r» _tc)rG., Tnr-,- DESCRIPTION OF ATTACHED DOCUMENT Bidders Bond TITLE OR TYPE OF DOCUMENT N NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-71 a4 MINUTES OF ORGANIZATIONAL MEETING OF ELSER CONSTRUCTORS,, INC. A California corporation The Incorporators) named in the Articles of Incorporation of the above named corporation held a meeting at the time, on the day and at the place set forth hereinbelow for the purpose of completing the organization of said corporation: TIME: DATE: PLACE: Present at said meeting were the following person(s): John V. Giardinelli Dennis E. Elser The following named persons acted as Temporary Chairman and Temporary Secretary of the meeting: Temporary Chairman: Temporary Secretary: The Chairman stated that the original Articles of Incorporation had been filed in the Office of the California Secretary of State on July 1 , 19 94, The Chairman presented to the meeting a certified copy of said Articles of Incorporation showing filing as stated and the Secretary was directed to.insert All of said persons being present, each accepted his or her respective directorship. Thereafter, on motion duly made, seconded and unanimously carried, was elected to preside as chairman for the balance of the meeting and was elected to preside as secretary for the balance of the meeting. The meeting then proceeded to the election of a President, a Vice -President, a Secretary and a Chief Financial Officer. The following were duly elected to the offices indicated after the names of each: Dennis E. Elser President Dennis E. Elser Vice -President Dennis E. Elser Secretary Dennis E. Elser Chief Financial Officer Each officer so elected being present, accepted his or her respective office. The chairman then presented to the meeting a proposed form of share certificate for use by the corporation. On motion duly made, seconded and unanimously carried, said form of share certificate was approved and adopted and the Secretary was instructed to insert a copy thereof in the Book of Minutes immediately following the Minutes of the meeting. , J} AC CERTIFICAI0 OF IC� LI BILITY INSUR�D CC SER-M DATE(MM/DDlYY) 10/26/00 PRODUCER L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crosby Insurance C . copper Ins . Service, Inc. VA14 �,� i 8181 E . KAISER BLVD . 1 O ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE �T�"� ANAHEIM HILLS CA 92808 W" 1 Phone: 714-221-5200 Fax: 714-221-5210 INSURED INSURERA: GENERAL ACCIDENT INS . CO. INSURER B: INSURERC: Elser Constructors INSURER D: PO Box 822 Calimesa CA 92320 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/D POUCTEDRUliMN DATE M LIMA A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR CPP121988102 09/24/00 09/24/01 EACH OCCURRENCE f 1 , 000 , 000 FIRE DAMAGE (Any one fire) $ 300 000 MED EXP (Any am parson) f 10 , 000 PERSONAL & ADV INJURY f 1,000,000 GENERAL AGGREGATE $ 2, 000, 000 GEWL AGGREGATE LIMIT APPLIES PER POLICY X JECT LOC PRODUCTS - COMP/OP AGG $ 1 , 000 , 000 A AUTOMOBILE LIABILITY AAUTO NY ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOSBODILY NON -OWNED AUTOS BA026461902 Y 09/24/00 09/24/01 COMBINED SINGLE LIMIT (Ea accident)r f 1 000 000 r X X BODILY INJURY (Par parson) f X X INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) f GARAGE LIABILITY ANY AUTO By ; e r ; - At orne9 AUTO ONLY - EA ACCIDENT f OTHER THAN EA ACC AUTO ONLY: AGG f f A EXCESS LIABILITY X OCCUR FICLAIMSMADE DEDUCTIBLE RETENTION f CUB019950002 U 09/24/00 09/24/01 EACH OCCURRENCE f5 000,000 AGGREGATE $5,000,000 s f f WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT f E.L. DISEASE - EA EMPLO f E.L. DISEASE - POLICY LIMIT f A jEcruipment OTHER Leased/Rented I CPP121988102 1 09/24/ 00 09/24/01 1 $250,000 per occ/itm $500 Ded. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Ten Day Notice of Cancellation will be given for Non -Payment of Premium* Certificate holder, its agents, officers, and employees are named additional insured as per attached form CG 2010 1185. Primary Wording and Waiver of Subrogation included. Project: Water Pipeline Replacements in Orange Ave. 1.rCR 1 Ir'IIN/Y I G r1VLNCR = I AUUI I IUKAL MbUKCU: 1N*UKr_K LC I I CK: %+NnIVCLL.A I ILrrs HUNTIN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH Lam' P.O. Box 190 Huntington Beach CA 92648 _ 25-S ACORD POLICY NUMBER: CPP1219881 02 COMMERCIAL GENERAL LIABILITY Elser Constructors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach It's Agents, Officers and Employees PO Box 190 Huntington Beach, CA 92648 Project: Water Pipeline Replacements in Orange Avenue, CC1132 Primary & Non -Contributory This insurance is primary and any other insurance or self-insurance maintained by such additional insureds is excess and noncontributing with this insurance as respects claims or liability arising out of or resulting from the acts or omissions of the named insured or of others performed on behalf of the named insured. Cancellation It is understood and agreed that in the event of cancellation or material change of the Policy, for any reason other than non-payment of premium 30 days written notice will be sent by mail to the Additional Insureds In the event the policy is cancelled for non-payment of premium, 10 days written notice will be sent to the above. Authorizing Signature CG20 10 1185 Copyright, Insurance Services Office, Inc. 1984 Page 1 OF 1 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE V N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: OCTOBER 27, 2000 CERTIFICATE EXPIRES: 1187260 - 00 4-1-01 CITY OF HUNTINGTON BEACH PO BOX 190 HUNTINGTON BEACH CA 92649 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a farm approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon te"ays' advance written notice to the employer. . XX We will also give you T% days'advance notice should this policy be cancelled prior to its normal expiration. XX This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000.000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04/01/00 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER Dep ELSER CONSTRUCTORS INC PO BOX 922 CALINESA CA 92320 THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV.3-95) STATE C04/IPENSATION INSURANCE FUND HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12.01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME CERTIFICATE HOLDERS' NOTI(.r;' ENDORSEMENT AGREEMENT ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL: 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF T N n E jr- rCOUNTERSIGNED AND ISSUE ! r - - ucp . AUTHORIZED REPRESENTATIVE PRESIDENT 2065 SCiF 10516 (REV 8-89) CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION l . Name/Title/Department of Requesting Staff Member l/PCa j 2. Date of Request / 3. Name of Contractor/Perrnittee 0 kSC ,t'L_ '� ✓i.il���h 14 C 4. Description of work to be performed 5. 6. 7 i ype or insurance waiver o�rj mounicauon tcequcstcu: &\. ra . N bt—��l 1 r-,-t-AA (a) Limits: (b) Coverage 8. Have you contacted k Management to determine if professional liability coverage is available through SCOPE? �q-- 9. Reason for Request for Waiver or Reduction of Limits «tN\ '►��Jl9LdSl� fII Identify the risks to the City if this quest for waiver or modifications granted `0 a� T4.1-Departmi (This section to be completed by Risk Manager) Recommendation: Approve C/ Deny ,n / Risk Manager's Signature/Date Recommendation: Approve City Attorney's S (This section to be completed by Deny Attorney) Settlement Committee approva ' (i not] r uired for this waiver. If Settlement Committee approval is required, submit this form to City Attorney's o be placed on the agenda. Recommendation: Approve Deny_ City Council appro�betitlement equired for this waiver. If City Council approval is required, attach this form to the RCA after consideratiCommittee. This insurance waiver (is not] on City Council agenda. Reviewer's initials: jmp/mis/inswaiver/3/ 14/00 Bond No. 172 12 55 PREMIUM: $7,450.00 INSURANCE COMPANY OF THE WEST I. C. W. PARK P. O. BOX 81063 SAN DIEGO, CALIFORNIA 92138 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, ELSER CONSTRUCTORS, INC. (hereinafter called "Principal") as Principal, am "anoe Company of the West , a corporation organ- ized and existing'under the laws of the State oL Califontia and authorized to transact business in the State c t'AT,T .RNIA (hereinafter? called "Surety"), as.Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called "Obligee"), as Obligee, in the penal sum of SEVEN HUNDRED FORTY—THREE THOUSAND, SEVEN HUNDRED FOUR AND N0/100 Dollars (s 7 4 3 , 7 0 4 . 0 0 ), good and lawful money of the United States of America, for the payment of which; well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 2 6TH day of OCTOBER , 2 0 0 0 Whereas, the above bounden Principal has entered into a certain written contract with the above -named Obligee, dated the day of 1. . for WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE; CC 1132 CONSTRUCTION CONTRACT. which contrail is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly beep, do and perform, each and every, ail and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above -named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect. a Cam_=- BY: ICW-CAL-122 ELSER CONSTRUCTORS. INC. Princi Dennis E. Elser, President INSURANCE COMPANY OF THE WEST Surety By /✓�� Attorney -in -Fact DWIGHT REILLY • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. OnOCT. 26, 2000 before me, CLAUDETTE N. MARTIN, NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public') personally appeared DWIGHT REILLY ------------------------------ Neme(s) of Signer(s) WU�STE f Al ttY t Commission 1177931 L Noiory Public- Caiifcxn� y San Berm; crino Ccunty rr Can—... Expacs h',^r7.3,; X7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persono whose name(s) Is/aM subscribed to the within instrument and acknowledged to me that hefbjgeMyexecuted the same in his/t MJC authorized capacityftt and that by hlsllN NMNIK signature(g) on the instrument the person(j), or the entity upon behalf of which the person(*) acted, executed the instrument. WITNESS my hand and official seal. Y). Place Notary Seal Above Signature of Notary Public CLAUDETTE N. MARTIN OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached_ Document Title or Type of Document: PERFORMANCE BOND Document Date: OCTOBER 26, 2000 Signer(s) Other Than Named Above: NONE Number of Pages: 1 Capacity(ies) Claimed by Signer Signer's Name: DWIGHT REILLY -------------------------- ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: INSURANCE COMPANY OF THE WEST 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-e76-W27 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Califomia Corporation. dces hereby appoint: DWIGHT REILLY its true and lawfw Attomey(s)-win-Fact, with full power and authority, to execute, on behalf of the Company. fidelity Land surety bonds, :undertakings, and other contracts of suretyship of a similar nature. Thy Power of A•tomey is granted and is signed and sealed by facsimile under the authority of the fo!lowing Resolution adopted by the 8card of Directors an the 2 3rd day ref February, 1995, which said Resolution has not been amended or rescinded and o; wh;,:.h ;rse Following is a true copy: "PESOLVED, thai the Chairman of the Board, the President, an Executive Vice Presider,, or a Senior dice Pro.,ident of the Company, and, each of them, is hereby au;horized to execute; Powers of Adomey cuallfyiny the .attorney named it the giver: Pcwaz of Attorney to execute on behalf of the C, npany, 5d6ity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to a-arh inerato the sezl nf'he Company: provided howiwar. ttat the absence of the seal shall not affect life valid:ty of me instrumeni. FLR T HER RESOLVED. that the signatures of such officers ana the seal of the Company, and the signatures of any ilmecses, the signatures and seal of any notary, ana the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by tacsimile." !M'."'ITNESS Vi EREOF, !NSURANCF COL?PANY OF THE WEST has caused Oese ,resents to be sinned by its duly authonz. 3d cffica s this 2:31113 day of SEPTEMBER 1999 . INSURANCE COMPANY OF THE VVEST aT �°onr°��rd�p STATE OF CALIFORNIA ohn L. Hannun,,. Executive Vice President 5S. CCUNTY OF SAN D;EGO Ih Y.gTNESE WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have H;tnessed the principal's acknowledgment of the signature on the power of attomev, pursuant to Cal:for; :a Probate Code "121 and 4122. ancy Ruby CERTIFICATE: hirley Boscia I, J. Douglas Browne, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is in full force and affect, and that this certificate may be signed by facsimile u.-tder tho author:Ly of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as dice President, on this 26TH day of ICW 37 OCTOBER 0-0, INSURANCE COMPANY GF THE WEST J. Douglas rowre. Vice President 2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Bernardino On October 31, 2000 DATE before me, Mary J. Prothero, Notary Public NAME, TITLE OF OFFICER . E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Dennis E. Elser NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(x) Is are subscribed to the within instrument and ac- knowledged to me that ie she/they executed the same in Is her/their authorized capacity(iw), and that by Is her/their signature(* on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MARYJ. PROTHERO WI NESS my hand and official seal. ' Commission # 1169855 No ary Public - Cal'fomia >{�- San Bemordino County l MY Comm. Expires Jan 16, ZO2 SIGNATURE OF NOTARY Mary J. Prothero OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT Performance Bond President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL N/A ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: N/A SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 PAYMENT BOND — PUBLIC WORKS Bond No. PREMIUM: Tr Y INSURANCE COMPANY OF THE WEST HOME OFFICE • SAN DIEGO KNOW ALL MEN BY THESE PRESENTS: 172 12 55 $7,450.00 That we, ELSER CONSTRUCTORS, INC. cis Principal, and Insurance Company of the West , incorporated under the laws of the State of California . and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, In the aggregate total of SEVEN HUNDRED FORTY—THREE THOUSAND, SEVEN HUNDRED FOUR AND N0/100 Dollars,($-743,704.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, Jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated , with the CITY OF HUNTINGTON BEACH to do the following work, to -wit: WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE; CC 1132 CONSTRUCTION CONTRACT Now, Therefore, if the above bounden Principal contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the'State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonaole attorney's fee, which shall be awarded by the court to the prevailing party In said suit, said attorney's fee to be taxed as costs In said suit This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to' give a right of action to them or their assignees in any suit brought upon this bond. This bond Is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 2 6 TH OAT;., By: a Dep �rnagl day of OCTOBER, 2000 EL �ONSTRUCTO C. ✓ prtnel Dennis E. Elser, Kgasident. INSURANCE COMPANY OF THE WEST Surely a BY DWIGHT REILLY Attorney -in -Fact 1Cw-CAU-123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAN BERNARDINO ss. On OCT. 26, 2000 , before me,CLAUDETTE N. MARTIN, NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public" personally appeared DWIGHT REILLY -------------------------------- Name(s) of Signer(s) MUDQTF.Ed;fvlWM Commission * 1T/M Notciry Public-Caiifarru� Y. San Bemardno Cm= T I COrIV BPifM ar�,ltCii :t Place Notary Seat Above N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person) whose nameN) is/NA subscribed to the within instrument and acknowledged to me that he/dbexecuted the same in his/l%dfkl YbV authorized capacitylgN4, and that by his/hViEU signature(lo on the instrument the person(?), or the entity upon behalf of which the person(kj acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public CLAUDETTE N. MARTIN OPTIONAL Though the Information below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: OCTOBER 26, 2000 Signer(s) Other Than Named Above: NONE Number of Pages: 1 Capacity(les) Claimed by Signer Signer's Name: DWIGHT REILLY--------------- 4--------- ❑ Individual Top or thumb Here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: INSURANCE COMPANY OF THE WEST 0 1997 National Notary Assoclatlon - 9W) De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 I Prod. No. 5907 Reorder Co" Totl-Free 1-800 878 6827 Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appe nt: DWIGHT REILLY its true and lawful Attomey(s)-in-Fact, with full power and authority. to execute, on behalf of the Company, fde.:ty and surety .ones, urdertaKings and other contracts of suretyship of a similar nature. This R:mer of .4ttomey, is granted anrt is signed and sealed by facsimile under the authority of the foll3wirg Resoluticn aclopted by the Eoanl o:' Directors or. ;he 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the fcltcwing is a trua =py: "I?E::>OVa ED, that tea Chain—nan of the Eoard, the President, an Executive Vice Preside,.. or a Senior Vi.** Presider_ of the Conpary. and ba:h of them, :s hereby authorized to execute Powers of Attorney qualifying the attorney nsmad in 1,h3 given Dower of At:orn~may to execute on behalf of the Company, fidelity ano surety bonds, undertakings, or other contracts of suretyship of a similar nat;:re; and ro attach mprato t:1e seal of the Corrcany: provider: however, that tre able^ry of the s-al shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the sicnatures of any officers certifying the validity of the Power of Attorney, may tie affL:ed by fs•:simite." IN WITNESS WHERECiF. iigSURANCE COMPANY OF THE INEST has I —fused these presents to be ss5nea by'ts duly author.; ed officers this 23RD day of SEPTEMBER 1999 . ? y ���°pRtORATFO f STATE OF CALIFORNIA SS. COUNTY OF SAN D!EGO INSU^-TANCE COMPANY OF'THE WEST L. Hannum, Executive Vice President IN WITNESS WHEREOF, the undersigned certify that they are adu4s, and Nave witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on he power of attwntly, pursuant to California Probate Code F4121 and 4122. ttancy Ruby CERTIFICATE: hiriey Boscia I. J.'Douglas Browne, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POV&ER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the sbove queted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 2 6 TH day of OCTOBER 2000 Our AMTQ INSUFLV-ICE COMPANY OF THE WEST rfn C4L J. Dougla rowne, Vice President ICW 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On October 31, 2000 before me, Mary J• Prothero, Notary Public DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC" personally appeared Dennis E. Elser NAME(S) OF SIGNER(S) x❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(o) whose names s are subscribed to the within instrument and ac- knowledged to me that(gYshe/they executed the same in Is her/their authorized capacity(+es), and that by Is her/their signature(o on the instrument the person(), or the entity upon behalf of which the person(&) acted, executed the instrument. MARY J. PROTHERO-1WIT ESS my hand and official seal. Commission 0 1169855 -m Notary Public - California = San Bernardino County > MY Comm. Expires Jan 16, 2002 SIGNATURE OF NOTARY Mary J. Prothero OPTIONAL No 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL FLI CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTnY(IES) Elser Constructors, Inc. DESCRIPTION OF ATTACHED DOCUMENT Payment Bond N/A N/A TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 INSURANCE COMPANY OF THE WEST 1. C. W. PARK P. O. BOX 81063 SAN DIEGO, CALIFORNIA 92138 KNOW ALL MEN BY THESE PRESENTS: ELSER CONSTRUCTORS, INC. MAINTENANCE BOND Bond No. 172 12 55 PREMIUM INCLUDED IN PERFORMANCE BOND INSURANCE COMPANY OF THE , as Principal, and a corporation organized under the laws of the State of CALIFORNIA and authorized to do a surety business in the State of CALIFORNIA as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH in the sum of SEVEN HUNDRED FORTY—THREE THOUSAND, SEVEN HUNDRED FOUR AND N0/100************** 743,704.00 ($ ), lawful money of the United States of America, 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: SEALED with our seals and dated thin OCTOBER 2 6 , 2 0 0 0 WHEREAS, on the I the said as contractor, entered into a contract for WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE; CC 1132 CONSTRUCTION CONTRACT. for the sum of —SEVEN HUNDRED FORTY—THREE THOUSAND, SEVEN HUNDRED FOUR AND N0/100 ($743,704.00 ); and, WHEREAS, under the terms of the specifications for said work, the said ELSER CONSTRUCTORS, INC. a bond too give 0/ 2, 1 u 2, v v ), to protect the CITY OF HUNTINGTON BEACH against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until OC'T013ER 2 6, 2001 NOW, THEREFORE, if the sai-4 ELSER CONSTRUCTORS, INC. •ha11 for a period of one year from and after the date of the completion and acceptance of same by saidELSER CONSTRUCTORS, INC. replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. ELLS ONSTRU INC. Dennis E. Elser, President INSURANCE COMPANY OF THE WEST BY: r. ne91 rfnar Al _112- By DWI HT REILL , ATTOR — —FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia ss. County of SAN BERNARDINO OCT. 26 2000 CLAUDETTE N. MARTIN, NOTARY PUBLIC On , before me, Data Name and Title of 0111cw (e.g., 'Jana Do*, Notary Public') DWIGHT REILLY------------------------------ personally appeared Name(s) of Signer(s) CLAUDEM N. MARTIN V; It Commission # 1177?36 = V 4. Notary Public- GaGfornfQ San Bernardino Courv�/ t My Corr Fps Vcr2%2 C.?_ E ' iX personally known to me ' ❑ proved to me on the basis of satisfactory evidence to be the person(m) whose name() is/@M subscribed to the within Instrument and acknowledged to me that he/s7 KOM executed the same In his/ba=& authorized capacity$", and that by his/fteXf wk signature(% on the instrument the person(4, or. the entity upon behalf of which the perspn(i j acted, executed the instrument. WITNESS my hand and official seal. Yl. 7n a Moe Notary Seal Above Signature of Notary Public CLAUDETTE N..MARTIN OPTIONAL Though the Information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:MAINTENANCE BOND Document Date: OCTOBER 26, 2000 Signer(s) Other Than Named Above: NONE Number of Pages: 1 Capacity(les) Claimed by Signer Signer's Name: DWIGHT REILLY--------- 6-------------- ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: INSURANCE COMPANY OF THE WEST 0 1997 National Notary Association • 9M50 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod No. 5907 Reorder. Call Toll -Free 1-800-878.8927 Insurance Company of the West HOME OFFI::E: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESE14TS: That INSURANCE COMPANY OF THE WEST, a Califomia Corporation, does hereby appoint: DWIGHT REILLY its true and !awrul Attomey(s)-in-Fad, with full pow r and authority, to execute, cn behalf of the Company, fidelity and surety bonds, undertakings. anc ether aintracts of au:-eN-ship nt a si•„iiar nature. This Pourer cf h;iboniev Is crantsd and is signed and <eai-j by fa,,�simi'e under the authority of the following Resolution adopted by the 3oard of Directors on the 23rd day of Febmary. 1999, which said Resolution ha:: not been amendad or rescinded and of which the following is a true copy: "RESOL` F0, !hat :he Cham i!an of Erie Board, the President, an Executive Vi.^e President or a Senior Vice President of the Company, and each of thorn, is hereby authcrard to execute Powers of Attemey qualifying the attorney named it the given Power of Attomey to execute on behal: of the Company, fidelity and surety bonds, unuerlak,nss, c•r outer rcntracts cf suretyship of a similar nature; and to attach thereto the seal of the Company, orcvided however, thai tfia absence of the seal shall no: affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures cf any witnesses, the signatures a:-d seal cf any notary, and the signatures of any officers certifying the validity of the Pourer of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly zuft. ized offices this 23RD day of SEP7EfdBER 199= . STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO INSURANCE COMPANY OF THE WEST IN WITNESS WHEREOF, the undersigned certify tR;it they are adults, and have witnessed the signing of this instrument by the pdncipa, or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122. Mancy Ruby CERTIFICATE: hirley Boscia I, J. Douglas Browne, Vice President*of INSURANCE -COMPANY OF THE WEST, do hereby certify that the original POWER. OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificzte may be signed by facsimile under the authority of the above quoted re4olution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 2 6 TH day of ICV`: 37 OCTOBER 0 .s INSURANCE COMPANY OF THE WEST � owonnrto � 1 - 1!r ``��RCH i. tYM1 J. Douglay -rowne, Vice President 2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of San Bernardino On October 31, 2000 _ before me, Mary J. Prothero, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" personally appeared Dennis E. Elser NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(*)(37are subscribed to the within instrument and ac- knowledged to me that 1�e she/they executed the same in Is her/their authorized capacity(i,@o), and that b/her/their signature() on the instrument the person(s), or the entity upon behalf of which the person(q) acted, executed the instrument. MARYJ.PROTHERO W NESS my hand and official seal. Commission 1169855 Z z - — Notary Public - California San Bernardino County MY Comm. Expires Jan 16, 2002 SIGNATURE OF NOTARY Mary J. Prothero OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTI Y(IES) DESCRIPTION OF ATTACHED DOCUMENT Maintenance Bond N/A TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES N/A DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CITY OF HUNTINGTON BEACH D. MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-100 Council/Agency Meeting Held: Deferred/Continued to: Ap roved ❑ Sonditional A proved ❑ Denied al Signature ouncil Meeting Date: October 16, 2"'OM071 Department ID Number. P1�jl 0 00 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS tr �' SUBMITTED BY: RAY SILVER, City Administrator A" PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works dK� SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR WAITER MAIN REPLACEMENT ON ORANGE AND MEMPHIS AVENUES $ of b w, Fw► ft Somm, ft mnww+dsd Action, Mbw.Wm AWcNs), AnWy*W, 4wkwwwnbL4Wh^ A* ftm*rA(s) Statement of Issue: Formal bids were received on September 28, 2000 for the Water Main Replacement Project for Orange (Goldenwest St. to 11th St.) and Memphis Avenues (Alabama St. to Delaware St.); CC-1132. Staff is recommending award to Elser Constructors, Inc., as the lowest responsive/responsible bidder. Funding Source: Funds in the amount of $875,000 are budgeted in Water Fund Capital Improvement Projects, Water Main Replacements, Account No. 50691006.82100. Recommended Action: Motion to: 1. Accept the low bid submitted by Elser Constructors, Inc., 34590 County Line Road, Suite 6, Yucaipa, CA 92399; and authorize the Mayor and City Clerk to execute the appropriate construction contract for the Water Main Replacement Project for Orange (Goldenwest St. to 11th St.) and Memphis Avenues (Alabama St. to Delaware St); CC- 1132. 2. Authorize the Director of Public Works to expend a total of $875,000, which includes the contract cost of $743,704.50, estimated contingency of $75,000 (approximately 10% of construction) and $56,295.50 for supplemental expenditures. Alternative Action(s): 1. Deny the award of the contract to Elser Constructors, Inc., and select another qualified bidder. RCA reOmgeMemphis.dot -2- 10/06/00 11:37 AM v REQUEST FOR ACTION MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-100 2. Reject all bids, do not proceed with construction, and direct staff on how to proceed with the project. Analysis: The water pipelines in Orange (between Goldenwest Street and 11th Street), and in Memphis Avenues (between Alabama Street and Delaware Street) warrant replacement due to age and history of maintenance problems. Additionally, replacing the existing 8-inch pipeline in Orange Avenue with a 12-inch pipeline, and the 6-inch pipeline in Memphis Avenue with an 8-inch pipeline will result in significant hydraulic benefits to the City's water distribution network for a relatively nominal increase in cost. On July 17, 2000, City Council authorized the Director of Public Works to request bids for the water pipeline replacements in Orange Avenue (approximately 4,000 LF,) and in Memphis Avenue (approximately 1,200 LF.) On September 28, 2000, bids were received and publicly opened by the City Clerk, as follows (in order of lowest cost): Elser Constructors Kay Construction Co. So. Cal Underground Contractors, William Supply Co., Inc. Engineered Plumbing, Inc. Majich Brothers, Inc. W. A. Rasic Construction Co., Inc. BnB Engineering* Vasij Construction Co., Inc. GCI Construction, Inc.* Robert B. Castongia, Inc.* C.P. Construction Co., Inc. Byron L. Crume, Inc. Atlas -Allied, Inc. R&LSewer $ 743,704.50 $ 785,995.00 Inc. $ 793,943.00 $ 803,821.00 $ 844,527.00 $ 868,745.00 $ 929,917.00 $ 951,686.98 (Adj) $ 988,110.00 $ 970,887.00 (Adj.) $1,002,049.00 (Adj.) $ 979,993.00 $1,161,981.00 $1,185, 333.00 $1,340,663.17 * Bid adjusted, due to mathematic error by contractor. Does not affect ultimate low bid. The Engineer's Construction Estimate was $850,000. The actual costs of project construction are as follows: Construction Contract: (Elser Constrctuctors) $743,704.50 Construction Change Orders (not -to -exceed) 75,000.00 Construction Support (by design Engineer) 10,000.00 . Project Supplemental Costs 46,295.50 TOTAL $875,000.00 The budget for Construction Change Orders is estimated to be $75,000 or approximately 10% of the total cost of work. These funds are intended to be used only in the event that unforeseen field conditions warrant an expenditure of additional funds. Prior RCA reOrngeMemphis.dot -3- 10/05/00 1:58 PM REQUEST FOR ACTION MEETING DATE: October 16, 2000 DEPARTMENT ID NUMBER: PW 00-100 budget authorization is necessary so that construction will not be delayed. Construction Support services by the design firm of AKM Engineering are estimated to be $10,000 (approximately 1% of the construction cost) and will provide the necessary service (site visits, shop drawing review, etc.) to ensure that the engineer's intent in the construction documents is adhered to during construction. Project Supplemental Costs are budgeted in the event that the City requires independent testing, printing and other miscellaneous costs that might arise throughout the course of the project. Construction Management and Inspection services will be provided by City Staff. Public Works Commission Review: The Commission reviewed and supported staffs request to advertise for competitive bids on June 21, 2000 by a vote of 4-0-3. (Commissioners Johnson, Piechota and Smith were absent). Environmental Status: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15302 (c). Attachment(s): RCA Author: D. De Bow:jm X5528 RCA reOmgeMemphis.dot -4- 10/05/00 1:57 PM ATTACHMENT #1 6 h /, a as o0 �a y MAIN ST. MY EDWARDS ST LDENI WEST ST m D ST D MKGNOLIA ST BROOKHURST ST Im- WARJ ST a sqN rq '4N4 R,VF �� J RCA'ROUTING SHEET 014")'' INITIATING DEPARTMENT: Public Works SUBJECT: Award of Construction Contract for the Orange and Memphis Avenues Water Main Replacements COUNCIL MEETING DATE: October 16, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits 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 FORWARDED Administrative Staff Assistant City Administrator- (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION y :RETURN OF ITEM: ��2�� . l amAMPT / / t d I f i #7, ITY REA-CH, CA 1uSEP 2 L p s. -1 C-11 a z d3s BON V3'H0 Hsi 6'o_i f"ii_i,in o 'U3 0 COPIES TO: Front Desk Engineer City Clerk MEMPHIS AVE & ORANGE AVE WATER MAIN REPLACEMENT SEPT. 28, 2000 @ 2:00 PM (Engineer's Estimate: $1.1 Million) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. ALL AMERICAN ASPHALT $ 2. ATLAS -ALLIED INC. $ 3. BNB ENGINEERING, INC. $ 9 � 1J � k 7. o 4. BUNDIDGE $ 5. BYRON L. CRUME, INC. $ 6. C. P. CONSTRUCTION CO, INC. $ 7. ELSER CONSTRUCTION $ 7 -)3 8. ENGINEERED PLUMBING INC. $ 1,2 ,� 5�O '7 �• 9. FLEMING ENGINEERING $ 10. GCI CONSTRUCTION INC. $ �'3a Y87. oz) 11. JOHN T. MALROY, INC. $ 12. KAY CONSTRUCTION $ 13. MARDEN SUSCO $ 14. MBI MAJICH BROS., INC. $ 15. MILLER -BROOKS ENGIN. $ 16. PAULUS ENGINEERING $ G\BID LIST 7 l 17. PETER ARTUKOVICH CONSTRUCTION $ 18. PIPELINE EQUIPMENT $ 19. R & L SEWERS $ 20. ROBERT B. CASTONGIA $ 21. SO. CAL. UNDERGROUND $ 22. VASILJ CONSTRUCTION $ 23. W. A RASIC CONSTRUCTION $ �a-� % 7 . 24. WELLS SUPPLY COMPANY $ 25. WILLIAMS SUPPLY CO. $ G\BID LIST I� �ld 1-[- � NOTICE INVITING SEALED BIDS for the MEMPHIS AVENUE AND ORANGE AVENUE WATER MAIN REPLACEMENT PROJECT CASH CONTRACT No.1132 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m, on September 28, 2000. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the flans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $ 30.00 nonrefundable fee if picked up, or payment of a $ 40.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the �, day of . I 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am NOTICE INVITING SEALED BIDS over the age of eighteen years, and not a for the MEMPHIS AVENUE party to or interested in the below AND ORANGE AVENUE WATER entitled matter. I am a principal clerk of MAIN REPLACEMENT the HUNTINGTON BEACH INDEPENDENT, a PROJECT CASH CONTRACT newspaper of general circulation, printed No. 1132 in the and published in the City of Huntington TY OF NGTON HUNTINGTON Beach County of Orange State of � , BEACH PUBLIC NOTICE IS California, and that attached Notice is a HEREBY GIVEN that the CITY OF HUNT- true and complete copy as was printed INGTON BEACH, as AGENCY, invites sealed and published in the Huntington Beach bids for the above stated bA n will receive bidl3 of and Fountain Valley issues of said such m'the office such the City Clerk, Second Street, newspaper to wit the issue(s) of: Floor, 2000 Man Cali - Huntington Beach, fornia 92648, up to the the September 7, 2000 hour of 2:00 p.m. on September 28, 2000. Bids will be publicly September 14, 2000 opened in the Council Chambers unless other- September 21, 2000 wise posted. Copies of the Plans,! Specifications, and con- tract documents are available from the Office of the Director of Public Works, 2000 Main I declare, under penalty of perjury, that Street, Huntington Beach, CA 92648, upon the foregoing is true and correct. payment of a $30.00 1 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if mailed. Executed on September 21 2 0 0 0 Any contract entered into pursuant to this no - tice will incorporate the at Costa Mesa, California. provisions "of-, the State Labor Code. Pursuant to the provisions of the La- bor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those de- termined by the Director of Industrial Relations of th the State of California, which are on file at the Office of the Director of Signature Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will de- BEACH, CALIFORNIA, duct 10% retention from, the 17 day of July 2000. all progress payments.' Attest: Connie The Contractor may Brockway substitute an escrow CITY CLERK OF THE holder surety of equal CRY OF HU"NGTON value to the retention in BEACH accordance with the Published Huntington provisions of the Califor- Beach -Fountain Valley ma Government Code, Independent September Section 4590. The Con- 7 14 21 2000 tractor shall be benefi. 091-023 cial owner of the surety and shall receive any in- nterest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be af- forded full opportunity to submit bids in response to this notice and will not be discriminated against' on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be con- sidered unless it is prepared on the ap- proved Proposal forms in conformance with the Instruction to Bidders. The bid must be ac- companied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bid- der shall be licensed in accordance with provisions of the Busi- ness and Professions Code and shall possess' a State Contractor's License Class at the time of the bid opening. The successful Contrac- tor and his subcon- tractors will be required to possess business licenses from the AGENCY. The AGENCY re- serves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL' of the CITY OF HUNTINGTON a�r� 11- WkAJT*1 ) Of -Yo CITY OF HUNTINGTON BEACH �4 A- LM�' ; Drra MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-058 Council/Agency Meeting Held: 1-11 — 00 Deferred/Continued to: Approved 0 Condition Approved 11 Denied VV a< 'ignature 7 until Meeting Date: July 17, 2000 Department 10 Number. PW 00-058 CITY OF HUNTINGTON BEACH _ REQUEST FOR COUNCIL ACTION `— SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Cr -D SUBMITTED BY: RAY SILVER, City AdministratorcPaf `•'.' PREPARED BY. ' ftOBERT F. BEARDSLEY, Director of Public SUBJECT: AUTHORIZE REQUEST FOR BIDS FOR WATER P PELINE REPLACEMENTS IN ORANGE AVENUE AND MEMPHIS AVENUE; CC-1132 Statement or issue. FwKU g source, Reemnmended Adion. Alternative Ac"* Analysis. Envirom dal status, Statement of issue: Plans and specifications for the water pipeline replacements in Orange Avenue, between Goldenwest Street and 11"' Street (approximately 4000 LF); and in Memphis Avenue, between Alabama Street and Delaware Street (approximately 1200 LF) CC-1132, are in final preparation and will be ready for bid request upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. Fundina Source: The engineer's estimate for this project is $1,100, 000. Staff anticipates this construction contract will be awarded early in Fiscal Year 2000-01, and has requested that $2,000,000 be budgeted and available in the next fiscal year for this and other water main replacement projects. Recommended Action: Motion to: 1. Authorize the Director of Public Works to advertise for bids for the water pipeline replacements in Orange Avenue, between Goldenwest Street and 111h Street (approximately 4000 LF); and in Memphis Avenue, between Alabama Street and Delaware Street (approximately 1200 LF) CC-1132 upon approval; and 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder. Altemative Action(s): Recommend denial of the request to advertise this project and provide staff with alternate direction. RCA Re Water Pipelines -2- 06/22/00 9:01 AM i (11) July 17, 2000 - Council/Agency Agenda - Page 11 (City Council) Authorize Request for Bids for Water Pipeline Replacements in Orange Avenue between Goldenwest and 11 Streets and .in Memphis Avenue between Alabama and Delaware Streets: CC-1132 - Approve Sample Contract (600.75) -1. Authorize the Director of Public Works to advertise for bids for the water pipeline replacements in Orange Avenue between Goldenwest Street and 11th Street (approximately 4000 LF); and in Memphis Avenue between Alabama Street and Delaware Street (approximately 1200 LF) CC-1132 upon approval; and 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder. Submitted by the Public Works Director. Funding Source: Engineer's project estimate is $1,100,000. Staff anticipates this construction contract will be awarded early in FY 2000- 2001. Staff has requested that $2,000,000 be budgeted and available in the next fiscal year for this and other water main replacement projects. [Approved 7-0; In future, request Fund Account be included in RCA + Separate memo included on status of water fund. Mayor Garofalo requested update on Ground Water Replenishment.] E-9. (City Council) Accept the Lifeguard Tower Zero and Restroom Project: CC-883 and File a Notice of Completion — EMAE International — Approve Expenditure of Funds (600.80) - Accept the Tower Zero and Restroom Project CC-883 at a final cost of $425,190.84 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director. Funding Source: State Grant and Pier Funds. [Approved 7-0] E-10. (City Council) Accept Bid and Authorize the Award of Construction Contract for the E-11. Bluff Top Park Railing Replacement Project: CC-1134 - Landmark Fence Co. Inc. — Approve Expenditure of Funds (600.65) -1. Accept low bid submitted by Landmark Fence Company, Inc., Ontario, CA and authorize the Mayor and City Clerk to execute an appropriate construction contract for the Bluff Top Park Railing Replacement Project, CC-1134, in the total bid amount of $189,180; and 2. Authorize the Director of Public Works to expend a total of $200,000 to cover the contract amount of $189,820, estimated construction change orders of $5,410 and supplemental expenditures of $5,410. Submitted by the Public Works Director. Funding Source: General Fund Capital Project Bluff Top Railing Repairs. [Approved 7-0] for Level II Arson Investigators — Approve Side Letter to the MOU (720.20) - Adopt Resolution No. 2000-71 - OA Resolution of the City Council of the City of Huntington Beach Adopting a Side Letter to the MOU between the City of Huntington Beach and the' Huntington Beach Firefighters Association Regarding Pay Rate for Level // Arson Investigators,"with Side Letter attached to place said rate 22 ranges above the Fire Protection Specialist. Submitted by the Fire Chief and the Administrative Services Director. Funding Source: No increase in Fire Department budget for FY 1999/00. Current budget accommodates the salary adjustment. Ongoing General Fund expenditures to support salary adjustments would be $2747. [Adopted 7-0] RtQUEST FOR COUNCIL ACTION MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-058 Analysis: Due to the age and history of maintenance problems, the water pipelines in Orange Avenue (between Goldenwest Street and 11th Street) and in Memphis Avenue (between Alabama Street and Delaware Street) warrant replacement at this time. Additionally, replacing the existing 8-inch pipeline in Orange Avenue with a 12-inch pipeline, and the 6-inch pipeline in Memphis with an 8-inch pipeline will result in significant hydraulic benefits to the City's water distribution network for a relatively nominal increase in cost. Public Works Commission Review: The Commission reviewed the project and supported staffs request to advertise for competitive bids on June 21, 2000 by a vote of 4-0-3. (Commissioners Johnson, Piechota and Smith were absent.) Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15302 ( c ). Attachment(s): 1. 1 Vicinity Map 2. Sample Contract RCA Author: Debbie DeBow:jm RCA Re Water Pipelines.doc -3- 07/03/00 11:32 AM ATTACHMENT #1 V. as o� �a y 1a MAIN ST. LAKE S1 EDWARDS ST WEST ST �N WLAND ST m 0 d = D M AGNOLIA ST BROOKHURST ST 1P WARC ST D S'l ANq R�VF ATTACHMENT #2 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE (BETWEEN GOLDENWEST STREET AND 11T" STREET) AND IN MEMPHIS AVENUE (BETWEEN ALABAMA STREET AND DELAWARE STREET) CC-1132 THIS AGREEMENT, made and entered into this day of 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as water pipeline replacements in Orange Avenue (between Goldenwest Street and 11 "' Street) and in Memphis Avenue (between Alhambra Street and Delaware Street) (CC-1132), 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: 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 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 00agree/water pipe/6/21/00 1 SAMPLE discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them 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, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by 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 CITYs 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; 00agree/water pipe/6/21/00 2 SAMPLE D. The 2000 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 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 CONTRACTOR's 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 Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 00agreetwater pipe/6/21/00 3 SAMPLE 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within One Hundred Twenty (120) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and 00agree/water pipe/6/21/00 4 SAMPLE CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the 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 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the 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 the 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. 00agree/water pipe/6/21/00 5 SAMPLE 9. WARRANTIES The 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 the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR 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. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto 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 00agree/water piW6/21/00 6 SAMPLE 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to 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 nowise 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 the CONTRACTOR 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 material 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. 00agree/water pipe/6/21/00 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the 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. The 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; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the 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 the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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 00agree/water piW&21/00 8 SAMPLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the 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 the 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 the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 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 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 drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. 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 work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 00agree/water pipe/6/21/00 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against 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, and employees against any and all liability, claims, judgments, costs and demands, however caused, including 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 the CONTRACTOR, and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 00agree/water pipe/6/21/00 10 SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with 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 of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $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. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 00agree/water pipe/6/21/00 11 SAMPLE 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: 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 is not subject to any deductible or self -insured retention, or any other form 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 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 the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 00agree/water piW6/21/00 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused 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 writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NOWASSIGNABILITY 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. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Govemment Code sections 1090 et seq. 00agree/water pipe/6/21/00 13 SAMPLE 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 party. 28. CAPTIONS Captions of the section 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 U.S.C. Section 1324a regarding employment verification. 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 00agree/water pipe/6/21/00 14 SAMPLE 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. 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 By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ez, INITIATED AND APP ED. Director of Public r s 00agree/water pipe/6/21/00 15 SAMPLE SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE (BETWEEN GOLDENWEST STREET AND 11T" STREET) AND IN MEMPHIS AVENUE (BETWEEN ALABAMA STREET AND DELAWARE STREET) CC-1132 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 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 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEES 15 32. ENTIRETY 16 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE REQUEST FOR BIDS FOR WATER PIPELINE REPLACEMENTS IN ORANGE AVENUE AND MEMPHIS AVENUE; CC-1 132 COUNCIL MEETING DATE: July 17, 2000 .............. ............. -- ....... ...... . ............... ......... ........... .... . ... . ... .......... ... ... ........... .... ....... M ............ .. . . ........ .................. ......... ... ........ .................................. ....... ... ..................... . . . ....... ......... ......... ....... ........... ...... .............. ............ ........... ....... .. ...... .. . ........... -... Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Affomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Affomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) 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 .... .. ................... ... .. ..... :: ... ......:..--..—................. .—....... ..... .... —......�..:..EXPLANAT...J.Q...NTa 0R ISSING:ATTACHMENTS.:.:.:.:...: ... ............ — .... .. . .... .. . EXPLANAT.I.GN.,..F.O..R.::RETURN :OF ITEM:.........