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HomeMy WebLinkAboutGARCIA JUAREZ CONSTRUCTION, INC. - 2005-08-15so 7RECE ED 8Y: (Narr►e) (Date) 9 X_) CITY CLERK RECEIPT tip' Return DUPLICATE ttttVVVV City Ckwo oMba after s4nk*k Wng '�, � CITY OF HUNT/NCiTON BEACH � INTERDEPARTMENTAL COMMUNICATION TO: Sh eidenrich, City Treasurer FROM:Ez,97,R, 7 6Z41 DATE: SUBJECT: Bond Acceptance 1 have received the bonds for (CwWMY Name) Faithful Performance Bond No. Labor and Material Bond No. 'Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. av��- 0/- 0�0 9�6 v Re: Tract No. CC No. MSC No. i Approved -� SD") Agenda item No.� City clerx vault No. S P/ .d0C 0�� City g of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Project Manager DATE: July 23, 2007 SUBJECT: Retention Release Payment Company Name: Garcia Juarez Construction, Inc. Address: P.O. Box 309 City, State and Zip Code: Brea, CA 92822-309 Phone Number: (800) 375-7272 Business License Number:A260114 Local Address: NSA Notice of Completion Date: May 14, 2007 Contract Purpose: Retention Release for CC 1274, OC-9 Ph. Il Transmission Pipeline Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 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. Z D to s K. HopkiAs, Acting Public Works Director, Engineering I certify that there are no outstanding invoices on file. Date FreidAnrich, 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. 70 Da e Joan Flynn, C retention release memo CC1274 Pll.doc 7/23/2007 9:44.00 AM City of Huntington Beach Department of Public Works 2000 Main Street/P.O. 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: GC-9 ��'�-�s,,.,.ss,�o�► 1`iG,h Q�t'�aer-��w7' 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 provision4.app iZ@ble to the wage rate paid. APPROVED AS TO FORM JJENFER McGRATH, CityAtt .,ah Sutton% City Attorney 121 g:followup\cashcont\cashcon 1.doc procedure #14 � �V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT State of California County of Los Angeles On 2- ;2 t .20'C� % before me, Date personally appeared Jim Jackson Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) N 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by ViENNALiNDiCiiLlNUO his/her/theirsignature(s) on the instrument the person(s), ° Cran7fissi�a aa9fJ51 or the entity upon behalf of which the person(s) acted, Notary Public» California executed the instrument. ' Lcs rgfele�f3ll4itj ° My Cec a Fcnt frig 14,20 r--� WITNESS my k4 and official seal. OPTIONAL -- Though the information below is not required by law, it may prove valuable to I fraudulent removal and reattachment of this form Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual i� Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator e ❑ Other: I Top of thumb here Signer Is Representing Garcia Juarez Construction, Inc. Signer's Name: of 4.ng on the document and could prevent document. Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator o ❑ Other: I Top of thumb here Signer Is Representing 0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876.6827 DECLARATION OF SATISFACTION OF CLAIMS I, Garcia Juarez Construction Inc. , state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: CC- 9 Trc� K S �-►. ss, ca�-r /`la • Q e p l ��e,���-�* and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The 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 "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at 4.&rtq on this ;2 day of Location) g:followup\cashcont\cashcon2.doc procedure #15 , 2po'7 A PROVED AS TO FORM NIFER WGRATH, CkAttarney arah Sutton 12 i 3 eputy City Attorney /// CALL ORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 2 2, ,`)- M '7 before me, Date personally appeared Jim Jackson Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of % 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by a VIENNALIN AGA" fNDO his/her/their signature(s) on the instrument the person(s), connMission.#15 9 51 or the entity upon behalf of which the person(s) acted, Notary POAli,; California � Lo � � executed the instrument. HY t � t C0E lgf,: 46pi WITNESS my hand official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to per fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator -- ❑ Other: I Top of thumb here Signer Is Representing Garcia Juarez Construction, Inc. Signer's Name: on the document and could prevent Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 2: ❑ Attorney -in -Fact. ❑ Trustee>" ❑ Guardian or Conservator o - ❑ Other: Top of thumb here Signer Is Representing: 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CONSENT OF SURETY TO REDUCTION IN OWNER ❑ OR PARTIAL RELEASE OF RETAINAGE ARCHITECT ❑ Conforms with the American Institute of CONTRACTOR ❑ Architects, AIA Document G707A SURETY r Bond No. 0409960 Executed in Two Counterparts OTHER ❑ TO OWNER: ARCH ROJECT NO: Cash Contract 1274 (Name and address) Phase 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 CONTRACT FOR: Transmission Main Replacement PROJECT: CONTRACT DATED: August 15, 2005 (Name and address) OC-9 Water Transmission Main Replacement in Newland Street from Yorktown Avenue to Warner Avenue In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety) International Fidelity Insurance Company One Newark Center, 20th Floor, Newark, CA 07102 on bond of (Insert name and address of Contractor) Garcia Juarez Construction, Inc. Post Office Box 309, Brea, CA 92822 hereby approves the reduction in or partial release of retainage to the Contractor as follows: Release of Retention ,SURETY, ,CONTRACTOR, The Surety agrees that such reduction in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: May 22, 2007 (Insert in writing the month followed by the numeric date and year.) Attest: (Seal): International Fidelity Insurance Companv representative) William Syrkin, Attorney -in -Fact (Printed name and title) S-2133/GEEF 12/00 FRP STATE OF' California COLINTY OF Orange On 05/22/07 PERSONALLY APPEARED before me, William Svrkin SS. R. Haas -Bates, Notary Public personally known to me x-xkk=) to be the personiks) whose name(y) is/x2rsubscribed to the within instrument and acknowledged to me that he/.s*o'kx'xezecuted the same. in his/1ikauthorized capacityl ), and that by his/} 6W&- signature{,j� on the instrument the peison(.j, or the entih- upon behalf' ('>f" which the person(} acted, executed the instrument. WIT.;VESS m} hand and of ftcied seal. OPTIONAL r R. HAAS-BATS K COMM. # 1473993 + M NOTARY PUBLIC-CALIFORNIA9 k, ORAJNGE COUNTY (� COMM. EXP. MARCH 2, 2008 i This area for Official Notarial Seal 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT Te: (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BONDIRIDERiCONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporationorganized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint WILLIAM SYRKIN, LEONARD ZIMINSKY, JOAN M. WYNN, CLOE BIERMAN, SERGIO D. BECHARA, REBECCA HAAS-BATES Irvine, CA. . ......... ......... ....... ......... ...... . its true and lawful attomey(s) in -fact to execute seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory. inthe nature thereof, which are or may be allowed, required or permitted by law, stature, rule regulation, contract or otherwise, and the execution of such inin in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey-in-fact and revoke, the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney orany certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTM10NY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be Op- ell signed and its corporate seal to be affixed by its authorized officer, this_29th day of August, A.D. 2003. :SEALINTERNATIONAL FIDELITY INSURANCE CO04 q STATE OF NEW JERSEY �County of'EssexERS a3' Secreta On this 29th day of August 2003, before me came the individual who executed the preceding instrument, tome personally known and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COWXRk; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OA►RQ6 IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, ��P-• �� at the City of Newark, New Jersey the day and year first above written. O NOTARY L PUBLICS" L JEFtis A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth 'm said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 22nd day of May, 2007 Assistant Secretary INTERNATIONAL FIDELITY INSURANCE COMPANY Executed in Duplicate Bond No. 0409960 Premium N/A MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Garcia Juarez Construction, Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly organized and by the virtue of the laws of the State of New Jersey and authorized to become sole surety on bonds in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called the Obligee, in the just and penal sum of Four million six hundred thiEty eight thousand two hundred twenty two and 17/100 Dollars ($4,638,222.17), lawful money of the United States of America, to be the payment of which well and truly to be made the Principal binds itself, its successors and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal hereby guarantees against defective workmanship and material for the following improvements: OC-9 Transmission Main Revlacement— CC-1724 PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term of one year(s) from the date of acceptance of the work by the Obligee. 2. In the event of default by the Principal in the performance of the maintenance during the term of this bond, the Surety shall be liable only for cost of maintenance up to the termination of the term of this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety after the expiration date of the bond. Signed and sealed this 22 d day of May, 2007. JrD S Tab" ' a13ila7 IFE McCRATH, Attorney INTERNATIONAL FIDELITY INSURANCE COMPANY By: A^ - illia yrkin Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On �/`� 2 21 2027 before me, Date personally appeared Jim Jackson Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") 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 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), m VIENNALINDAGALINDO r34 9 ., or the entity upon behalf of which the person(s) acted, Can mission 15 9051 (� �!otar Public• California executed the r strument. Los Angeles County . W Hy Cmm. Erp4m *0 14,2009 WITNESS my an adfficial seal. OPTIONAL — Though the information below is not required by law, it may prove valuable to fraudulent removal and reattachment of this fore Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual J� Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator e ❑ Other: Top of thumb here Signer Is Representing: Garcia Juarez Construction, Inc. Signer's Name: on the document and could prevent Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator o ❑ Other: Top of thumb here Signer Is Representing 0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 STATE OF California j ss. COUNTY OF Orange On_----- 05/22/07 R Haas Bates; Notary Public ..__.._._._...... ..... _...... , before me, ..------ :_..._—____._ rY PERSONALLYAPPEARED William Syrkin personally known to me (ak��stfzi�z�zxr�#� xXjdx ) to be the personk) whose name(x) islAw subscribed to the within instrument and acknowledged to me that he%s* cxexecuted the same in his/1'�tauthorized capacitv), and that by his/Ai- signature(j1 on the instruittent the person(s5j, or the en-titY upon behalf of which the person( acted, executed the instrument. W77NESS m} hand and officitd seal. R. HAAS-BATES 3 CON Ian. # 1473M sF NOTAR 15L1C-CALIFORNIAQ ChRANCE COUNTY COMM. EXP. MARCH Z 2008 -A This area for UJficial Notarial Seal 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint WILLIAM SYRKIN, LEONARD ZIMINSKY, CLOE BIERMAN, SERGIO D. BECHARA, REBECCA HAAS-BATES Irvine, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked,uant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of purs Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. O TY /#F IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. � �pp__ V0rQw�� = INTERNATIONAL FIDELITY INSURANCE CO NY SEAL m STATE OF NEW JERSEY y 9�4 County of Essex `JEW Secretar On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. U�IA IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect 22nd May, 2007 IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Assistant Secretary Company Profile Page 1 of z Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER zoTH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 1575 TREAT BLVD. WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 11592 NAIC Group #: 0000 California Company ID #: 4341-4 Date authorized in California: February o9, 1996 License Status: UNLIMITED -NORMAL Company Type: State of Domicile: Property & Casualty NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary.. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & C_ompariso_n Data Composite_Complaint Studies http://interactive.web.insurance.ca.gov/webuser/idb_co_prof Utl.get_co_proPp_EID=6097z 7/25/2007 Company Profile Page z of z Want More? H..e....l...p_Me Find a Com..p....anv Re resentative_in My Area Financial Rating Organizations Last Revised -January 17, z007 12:57 PM Copyright © California Department of Insurance 6ttp://interactive.web.insurance.ca.gov/webuser/idb_Co_prof utl.get_co_proPp_EID=6o97z 7/25/2007 RECEIVED BY: (Name) (Date) FO CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: 15haprReidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for6)V0,4- (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No_ CC No. MSC No. IOVQ 996d ova Q9(o c) a Approved J-� Agenda Item No. (Co ncil Approval Date) City Clerk Vault No. OR 7o #27 g:lfollowup/bondlefter.doc M PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIII!IIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2007000357784 08:08am 06/05107 227 186 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: 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 to Garcia Juarez Construction, Inc. who was the company thereon for doing the following work to -wit: OC-9 TRANSMISSION MAIN REPLACEMENT; CASH CONTRACT NUMBER 1274 That said work was completed May 14, 2007 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 Director of Public Works on May 14, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract International Fidelity Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this May 22, 2007. Director of Public Works or City Engineer 0-16Y of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing 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. Dated at Huntington Beach, California, this May 22, 2007. Director of Public Worki or City Engineer (V_p4'y of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording tee applies) 00.059-TITLE PAGE (117/95) • RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) j v" after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sharri,�F,reidenrich, City Treasurer FROM: ``��/ / �s� C DATE: 4�'e 7n SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Main\tennance Bond No. Re: Tract No. CC No. MSC No. (Company Naine)—` 7-7 000 9 960 Approved g /, 5 /l7 Agenda Item No. (Council Approval Date) City Clerk Vault No. �— - ::;Z-- fl r #27 g:/followup/bondietter.doc 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GA&Ct A SLAAr6z C-or%s+ruc-t Lcn LrtC,. FOR bC-QI W4ier kAnSW1L5Ibi., MA.,^ Qepk,.e- TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GA2c.,g J1L,4r'4z Tim FOR �C-� 41q�ec ��►anSw<<sstor� 0147r (Zee(gcemext �n I CI.111►d s tr'eeJ ffoM yor, kTotor. A0ar<.Ae - C, 0a2yNt(- `AJon.u.e THIS AGREEMENT ("Agreement") made and entered into this 15 rly day of 14146V_ s T 20 OS by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GA #.r. I A -AA rct, f��ST (`w c� ►o... , a California �'� !' Po1�4.� , b ,�• , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as O CGg Qcjer i�LAnswA t5S IoA PAP.,,% Rz f)(ZceKQ-{ �n Nc^vli4nc� 5t1eeA ft", ,,rkTO%An ketme to ookp ci% AdeMAein 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, 0 conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), 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 thorough 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 the 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; agree/forms/city const/4-03 2 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the 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 Fe.+> ex; 0 ion 81LE Rv.,-Ice cl Ten T1%&-r L t g Ur H L%^ 8 c e A P owe y Dollars ($ y_ � � o, $y o. co ), 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 the Notice To Proceed is issued and diligently prosecute the PROJECT to one J414J completion within s,x+�, consecutive 6+ =0 k.n�j %5 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 agree/fomis/city const/4-03 4 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city consd4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by ,CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and 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 and/or the services performed hereunder. 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 h 1je H un a fcd Dollars ($ Sod ) 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days 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 materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENT Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city constl4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 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 at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. agree/forms/city const/4-03 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, 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, any 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 the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq, of this Code, which requires every employer agree/forms/city const/4-03 12 11 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($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 One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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 CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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. 27. 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 the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: b n, ► ck VE 0.o t,1 E 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: Garcia juarez �csnstruction Inc! P.O. BOX 309 Brea, CA 92822-0309 agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. 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 United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 Garcia Juarez Construction Inc. print name ITS: (circle one) Chair;�lden ice President .rd �'• .y C�--VCD -'N- prt ITS: (circle on Secretary/ hief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: CAy Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ft�7 ATTEST: ty Clerk Y124,lor APPROVED AS TO FORM: City Attorney 9 IN T D APPROVED: Director of Public Wo agree/forms/city const/4-03 21 OALUFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT State of California County of Los Angeles On 4oj,, s+- 16, 2CCS before me, Date Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Jim Jackson 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 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 inztriimont 4VIENNALINDAGALINDO V1/ITNE m Commission. #1569051. Y F Notary Public • California Los Angeles County faun, i 146 2009 - OPTIONAL Though the Information below is not required by law, it may prove valuabl, fraudulent removal and reattachment of this Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual 1r Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Garcia Juarez Construction, Inc. d andofficialseal. Signer's Name: Public ling on the document and could prevent document. Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator o ❑ Other: Top of thumb here Signer Is Representing: ;Lc:;t,�_;cx_-`.;�e;�-Vie:�:�.�=vww��=cww�-.••;.�.ww�.ww.wwwww�;wwwwwwww��.w.ww=..,�.._ , _ . _ . ,. a 1995 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 97 N SECTION C PROPOSAL for the OC-9 WATER TRANSMISSION MAIN REPLACEMENT in Newland Street from Yorktown Avenue to Warner Avenue CONSTRUCTION CONTRACT No. 1274 - Phase 2 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 therefore, 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 1S` Notice to Proceed will be issued with the execution of the contract for materials procurement only. (materials shall include but not be limited to piping, valves, fittings, and any long lead-time items). The 2"d Notice to Proceed will be issued to the undersigned following the submittal of proof of materials procurement (with a firm delivery date) and has obtained written approval from the AGENCY for the undersigned's construction schedule. Upon the issuance of the 2"d Notice to Proceed the undersigned shall commence with the physical site work thereafter and shall complete all work within a one hundred sixty f 1601 working day Construction Period. Bid Schedule A is the "Base Bid PVC Pipe". Bid Schedule B is the "Alternate Bid Ductile Iron Pipe. The City shall award the contract on the basis of the lowest responsive bid. 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. C-1 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item Description Quantity Unit •'Cost 1 otal Cost No.1. / Mobilization 1 LS $ Furnish and install 24-inch PVC pipeline C905, CL235 from sta 61+83± to sta 138+16± with nitrile (NBR) �y�. i 1463 220 gaskets, including all fittings, and appurtenances, 2. temporary blow -off, pressure testing, cathodic protection 7196 LF $ on DI fittings, pavement sawcutting and removal, 9 �' excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Furnish and install 20-inch PVC pipeline C905, CL235 from sta 10+00 to sta 61+83± with nitrile (NBR) gaskets, including all fittings, and appurtenances, temporary blow- 3. off, pressure testing, cathodic protection on DI fittings, 4956 LF pavement sawcutting and removal, excavation, backfill, �1'j,rj�{D• surface repair, and thrust restraint, as shown on these Tans, complete and in place. Remove existing 8-inch ACP pipeline and replace with new 8-inch PVC C900, CL200 from sta 95+50± to sta 95+96± with nitrile (NBR) gaskets, including all fittings, 4 and appurtenances, cut -in valves temporary blow -off, 1 LS $ $ � pressure testing, cathodic protection on DI fittings, cot) 15 p06 pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these Tans,, complete and in place. Remove existing 8-inch ACP pipeline and existing 8-inch valve and replace with new 8-inch PVC C900, CL200 from sta 114+92± to stal165+34± with nitrile (NBR) 5 gaskets, including all fittings, and appurtenances, cut -in 1 LS $, 0, valves temporary blow -off, pressure testing, cathodic oo°• 0 00o-.- protection on DI fittings, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Furnish and install 12" cut -in gate valve, including valve 6. box concrete thrust block and appurtenances, cathodic 1 EA $ Q avo." $ g oaOr protection on DI fittings, complete and in place. Furnish and install 20" butterfly valve, including valve 7. box and appurtenances, cathodic protection on DI fittings, 5 EA $ S1000.- $ ;S 000, complete and in place. C-2 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No.Furnish Description Quantity Unit Unit Cost Total Cost and install 24" butterfly valve, including valve 8. box and appurtenances, cathodic protection on DI fittings, 4 EA $ 7 moo,— $ complete and in place. Connect proposed 20" water transmission main to existing 30" main at sta 10+00, including all fittings, 30" Butterfly 9. valves, appurtenances, excavation, backfill, surface repair, 1 LS $tip,_ $ I,5 060, `T and thrust restraint, as shown on these plans, complete and in place. Connect proposed 24" water transmission main to existing Phase 1 water main at sta 138+16.17, including all fittings, 10. appurtenances, temporary blow -off, pressure testing, 1 LS $ 9dvo,— excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Furnish and install pump out assemblies, including all 11. valving, . fittings, and appurtenances, cathodic protection 5 EA �UDIX% $56�D on DI fittings, as shown on these plans, complete and in lace. Furnish and install air release assemblies, including all 12 valving, fittings, and appurtenances, cathodic protection on DI fittings, as shown on these complete and in 5 EA $ 3;00'- $ 17 sa' { plans, lace. Furnish and install air and vacuum assemblies, including 13. all valving, fittings, and appurtenances, cathodic 13 EA $ �qo,— $9, dp0r protection on DI fittings, as shown on these plans; complete and in place. 14. Protect in place existing service lateral as shown on these 19 EA $ ypU,— $ 76p0� Tans. Relocate existing service lateral, including all fittings, and appurtenances, meter set, angle stop, meter box, 15. corporation stop, tapping saddle, pavement sawcutting and 10 EA $3,pvo." $3o000: removal, excavation, backfill, surface repair, as shown on these laps, complete and in place. Furnish and install 20" siphon from sta. 35+80f to sta. 36+74±, including all fittings, and appurtenances, 16. temporary blow -off, pressure testing, cathodic protection on DI fittings, pump out assembly, pavement sawcutting 1 LS $ (p0 000 $ (o69 and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. C-3 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item Description Quantity Unit Unit Total Cost No.Furnish Cost and install 20" siphon from sta. 39+50f to sta. 39+75f, including all fittings, and appurtenances, temporary blow -off, pressure testing, cathodic protection 17. on DI fittings, pump out assembly, pavement sawcutting 1 LS $, g $12 56D' and removal, excavation, backfill, surface repair, thrust oop.- J 1 blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 20" siphon from sta. 44+53± to sta. 44+81f, including all fittings, and appurtenances, temporary blow -off, pressure testing, cathodic protection 18. on DI fittings, pump out assembly, pavement sawcutting 1 LS $ I$00p. $ and removal, excavation, backfill, surface repair, thrust / blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 20" siphon from sta. 52+94± to sta. 53+26f, including all fittings, and appurtenances temporary blow -off, pressure testing, cathodic protection 19. on DI fittings, pump out assembly, pavement sawcutting 1 LS S)DMO: $'20 060, and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 20" siphon from sta. 59+91t to sta. 60+27f, including all fittings, and appurtenances temporary blow -off, pressure testing, cathodic protection 20. on DI fittings, pump out assembly, pavement sawcutting 1 LS $ZS poo and removal, excavation, backfill, surface repair, thrust f blocks and thrust restraint, as shown on these .plans, complete and in place. Furnish and install 24" siphon from sta. 61+96f to sta. 62+64+, including all fittings, and appurtenances, temporary blow -off, pressure testing, cathodic protection 21. on DI fittings, pump out assembly, pavement sawcutting 1 LS $V p00 $30060- and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. C-4 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item Description Quantity Unit Unit Total Cost No.Furnish Cost and install 24" siphon from sta. 63+58-± to sta. 64+46t, including all fittings, and appurtenances, lwtevo temporary blow -off, pressure testing, cathodic protection 9 �i2 22. on DI fittings, pump out assembly, pavement sawcutting LS LS $ $ and removal, excavation, backfill, surface repair, thrust 415000.- 1.6ap0 blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 8" siphon from sta. 68+12± to sta. 68+36t, including all fittings, and appurtenances, cut -in valves, temporary blow -off, pressure testing, cathodic 23. protection on DI fittings, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. Furnish and install 24" siphon from sta. 115+43± to sta. 116+16t, including all fittings, and appurtenances, temporary blow -off, pressure testing, cathodic protection 24. on DI fittings, pump out assembly, pavement sawcutting 1 LS $ $ and removal, excavation, backfill, surface repair, thrust sd poo•" s O� od blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 24" siphon from sta. 127+50f to sta. 127+80f, including all fittings, and appurtenances, temporary blow -off, pressure testing, cathodic protection 25. on DI fittings, pump out assembly, pavement sawcutting 1 LS $ $ and removal, excavation, backfill, surface repair, thrust 6� 000.r /&com blocks and thrust restraint, as shown on these plans, complete and in place. Connect proposed 20" water transmission main to existing 12" main at sta 11+00, including all valves, fittings, 26 appurtenances, temporary blow -off, pressure testing, 1 LS $ $ cathodic protection on DI fittings, excavation, backfill, 0 oop," JOB 000•� surface repair, and thrust restraint, as shown on these 11 Tans, complete and in place. C-5 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN. REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No Description p Quantity Unit Unit Cost Total Cost Connect proposed 20" water transmission main to existing 12" main at sta 35+75, including all valves, fittings, 27 appurtenances, temporary blow -off, pressure testing, 1 LS $ $ cathodic protection on DI fittings, excavation, backfill, �jOpa° J? OO C7 p surface repair, and thrust restraint, as shown on these Tans, complete and in place. Remove and replace connection between existing 12" pipeline and existing 6" pipeline at sta. 40+14 ±, including 28 all valves, fittings, appurtenances, temporary blow -off, 1 LS $ $ pressure testing, cathodic protection on DI fittings, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Remove and replace connection between existing 12" pipeline and existing 8" pipeline at sta. 49+75 ±, including 29 all valves, fittings, appurtenances, temporary blow -off, 1 LS $ $ pressure testing, cathodic protection on DI fittings, 'OD6v� jo)p�_ excavation, backfill, surface repair, and thrust restraint, as I shown on these plans, complete and in place. Connect proposed 20" water transmission main to existing 12" main at sta 61+83, including all valves, fittings, 30. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ cathodic protection on DI fittings, excavation, backfill, 000 - 3C) 6)00 surface repair, and thrust restraint, as shown on these 1 ) plans, complete and in place. Connect proposed 24" water transmission main to existing 12" main at sta 88+23, including all valves, fittings, 31. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ cathodic protection on DI fittings, excavation, backfill, 2 p00, 3;? 000• surface repair, and thrust restraint, as shown on these 3 ) Tans, complete and in place. Connect proposed 24" water transmission main to existing 12" main at sta 116+77, including all valves, fittings, 32 appurtenances, temporary blow -off, pressure testing, 1 LS $ $ cathodic protection on DI fittings, excavation, backfill, L� 00 � 000, surface repair, and thrust restraint, as shown on these Tans, complete and in place. C-6 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No. Description p Quantity Unit Unit Cost Total Cost Relocate existing Fire Hydrant at sta. 29+78+, including all. fittings, and appurtenances, temporary blow -off, 33. pressure testing, cathodic protection on DI fittings, 1 LS $ $ pavement sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Relocate existing Fire Hydrant at sta. 43+34+, including all fittings, and appurtenances, temporary blow -off, 34. pressure testing, cathodic protection on DI fittings, 1 LS $ $ pavement sawcutting and removal, excavation, backfill, C.bD•' surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Protect in place existing 12—inch and 8—inch water pipeline, including all special bracing and support, 35. shoring, shut -down coordination with City, temporary 7530 LF $ �,� $ services, high -lining or other means to maintain the 75,30; operation, service capability and integrity of existing water. pipelines. 36. Remove and replace concrete drainage depression, as 20 CY $ $1?�oDO.— shown on these plans, complete and in lace. 37 Remove and replace concrete cross gutter, as shown on 140 CY $ �,OD," $ "' O00 , these plans, complete and in lace. 38 Remove and replace concrete curb and gutter, as shown on 170 CY $ 575- ? 7-5 these plans, complete and in place, 39. Chlorination and testing of all new water mains and 1 LS $ 6,000 $6,oc>0— appurtenances, complete and in place. 40. Prepare Traffic Control Plans and secure a roval(s). 1 LS G 000.- oDv� Implement approved Traffic Control Plan. Provide traffic control throughout work area, including temporary 41. pavement markings and striping, signage, barricades, 1 LS $ o� _ $g/oco:— personnel and all other control measures necessary for the duration of the project. 42 Remove existing mature tree. Grind stump and root to 24- 50 EA $ 70, $ SoaO, 3 inches below grade 1 43. Plant new 24-inchbox tree per City Standards No. 714; 100 EA qo, voo, i No. 715 2 of 3; 3 of 3); and Standard 718.. 90D,— 44. Remove and legally dispose of existing sidewalk. 50,000 SF 5 -3-75ov- 45. Constrict new sidewalk per CityStandard No. 207 50,000 SF 46. Adjust/Restore SurveyMonuments and/or Ties 12 EA $ $D0.' $ 0oo,— S•9• b�600 C-7 PROJECT BID SCHEDULE A BASE BID PVC PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No. Description P Quantity Unit Unit Cost Total Cost 47. Demobilization and Cleanup 1 LS $ J,w-b 48. Shoring, Sheeting, and/or Bracing as required. 1 LS $ $�. Total Amount for All Base Bid PVC Items OC-9 Water Transmission Main Replacement; CC-1274 $ City of Huntington Beach Total Amount for Base Bid All Bid Items in Words J �t,¢rt6� 0�6 N��rLcO ��� riv6' ��rir 1-{v,�►�,L.� Notes: 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. iL-70 C-8 PROJECT BID SCHEDULE B ALTERNATE BID DUCTILE IRON PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No. Description P Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS $ $ Furnish and install 24-inch DI pipeline C150, CL250 from sta 61+83± to sta 138+16± with nitrile (NBR) gaskets, including all fittings, and appurtenances, temporary blow- 2. off, pressure testing, polyethylene encasement, pavement 7196 LF $ $ sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Furnish and install 20-inch DI pipeline C 150, CL250 from sta 10+00 to sta 61+83± with nitrile (NBR) gaskets, including all fittings, and appurtenances, temporary blow- 3. off, pressure testing, polyethylene encasement, pavement 4956 LF $ $ sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Remove existing 8-inch ACP pipeline and replace with new 8-inch PVC C900, CL200 from sta 95+50± to sta 95+96± with nitrile (NBR) gaskets, including all fittings, 4 and appurtenances, cut -in valves temporary blow -off, 1 LS $ $ pressure testing, cathodic protection on DI fittings, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these Tans, complete and in place. Remove existing 8-inch ACP pipeline and existing 8-inch valve and replace with new. 8-inch PVC C900, CL200 from sta 114+92± to stall65+34± with nitrile (NBR) 5 gaskets, including all fittings, and appurtenances, cut -in 1 LS $ $ valves temporary blow -off, pressure testing, cathodic protection on DI fittings, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Furnish and install 12" cut -in gate valve, including valve 6. box concrete thrust block and appurtenances, cathodic 1 EA $ $ protection on DI fittings, complete and in place. 7' Furnish and install 20" butterfly valve, including valve 4 EA $ $ box and a urtenances, complete and in lace. 8' Furnish and install 24" butterfly valve, including valve 4 EA $ $ box and appurtenances, complete and in place. C-9 PROJECT BID SCHEDULE B ALTERNATE BID DUCTILE IRON PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item Description Quantity Unit Unit Total Cost No.Connect Cost proposed 20" water transmission main to existing 30" main at sta 10+00, including all fittings, 30" Butterfly 9. valves, appurtenances, temporary blow -off, pressure 1 LS $ $ testing, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Connect proposed 24" water transmission main to existing phase 1 water main at sta 138+16.17, including all fittings, 10. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Furnish and install pump out assemblies, including all 11. valving, fittings, and appurtenances, as shown on these 5 EA $ $ Tans, complete and in place. Furnish and install air release assemblies, including all 12. valving, fittings, and appurtenances, cathodic protection 5 EA $ $ on DI fittings, as shown on these plans, complete and in lace. Furnish and install air and vacuum assemblies, including 13. all valving, fittings, and appurtenances, as shown on these 13 EA $ $ Tans, complete and in place. 14. Protect in place existing service lateral as shown on these 19 EA $ $ tans. Relocate existing service lateral, including all fittings, and appurtenances, meter set, angle stop, meter box, 15. corporation stop, tapping saddle, pavement sawcutting and 10 EA $ $ removal, excavation, backfill, surface repair, as shown on these plans, complete and in place. Furnish and install 20" siphon from sta. 35+80+_ to sta. 36+74f, including all fittings, appurtenances, temporary 16. blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. Fumish and install 20" siphon from sta. 39+50f to sta. 39+75±, including all fittings, appurtenances, temporary blow -off, pressure testing, pump out assembly, pavement 1 LS S $ 17 sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. C-10 PROJECT BID SCHEDULE B ALTERNATE BID DUCTILE IRON PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No. Description P Quantity Unit Unit Cost Total Cost Furnish and install 20" siphon from sta. 44+53t to sta. 44+81f, including all fittings, appurtenances, temporary 18 blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. Furnish and install 20" siphon from sta. 52+94f to sta. 53+26f, including all fittings, appurtenances, temporary 19. blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 20" siphon from sta. 59+91± to sta. 60+27f, including all fittings, appurtenances, temporary 20 blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. Furnish and install 24" siphon from sta. 61+96+_ to sta. 62+64f, including all fittings, appurtenances, temporary 21 blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Furnish and install 24" siphon from sta. 63+58f to sta. 64+46f, including all fittings, appurtenances, temporary 22 blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and .thrust restraint, as shown on these plans, complete and in place. Furnish and install 24" siphon from sta. 115+43f to sta. 116+16+-, including all fittings, appurtenances, temporary 23 blow -off, pressure testing, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. C-11 PROJECT BID SCHEDULE B ALTERNATE BID DUCTILE IRON PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No.Furnish Description Quantity Unit Cast Total Cost and install 24" siphon from sta. 127+50± to sta. 127+80±, including all .fittings, appurtenances, temporary blow -off, pressure testing, pump out assembly, pavement 24. sawcutting and removal, excavation, backfill, surface 1 LS $ $ repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. Furnish and install 8" siphon from sta. 68+12± to sta. 68+36±, including all fittings, and appurtenances, cut -in valves, temporary blow -off, pressure testing, cathodic 25. protection on DI fittings, pump out assembly, pavement 1 LS $ $ sawcutting and removal, excavation, backfill, surface. repair, thrust blocks and thrust restraint, as shown on these Tans, complete and in place. Connect proposed 20" water transmission main to existing 12" main at sta 11+00, including all valves, fittings, 26. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Connect proposed 20" water transmission main to existing 12" main at sta 35+75, including all valves, fittings, 27. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ excavation, backfill, surface repair, and thrust restraint, as shown on these plans, com lete and in place. Remove and replace connection between existing 12" pipeline and existing 6" pipeline at sta. 40+14 ±, including 28 all valves, fittings, appurtenances, temporary blow -off, 1 LS $ $ pressure testing, cathodic protection on DI fittings, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Remove and replace connection between existing 12" pipeline and existing 8" pipeline at sta. 49+75 ±, including 29 all valves, fittings, appurtenances, temporary blow -off, 1 LS $ $ pressure testing, cathodic protection on DI fittings, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Connect proposed 20" water transmission main to existing 12" main at sta 61+83, including all valves, fittings, 30. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. C-12 PROJECT BID SCHEDULE B ALTERNATE BID DUCTILE IRON PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No Description P Quantity Unit Unit Cost Total Cost Connect proposed 24" water transmission main to existing 12" main at sta 88+23, including all valves, fittings, 31. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Connect proposed 24" water transmission main to existing 12" main at sta 116+77, including all valves, fittings, 32. appurtenances, temporary blow -off, pressure testing, 1 LS $ $ excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place. Relocate existing Fire Hydrant at sta. 29+78+, including all fittings, appurtenances, temporary blow -off, pressure 33. testing, pavement sawcutting and removal, excavation, 1 LS $ $ backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Relocate existing Fire Hydrant at sta. 43+34+, including all fittings, appurtenances, temporary blow -off, pressure 34. testing, pavement sawcutting and removal, excavation, 1 LS. $ $ backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place. Protect in place existing 12—inch and 8—inch water pipeline, including all special bracing and support, 35. shoring, shut -down coordination with City, temporary 7530 LF $ $ services, high -lining or other means to maintain the operation, service capability and integrity of existing water pipelines: 36. Remove and replace concrete drainage depression, as 20 CY $ $ shown on these plans, complete and in place. 37 Remove and replace concrete cross gutter, as shown on 140 CY $ $ these plans, complete and in place. 38 Remove and replace concrete curb and gutter, as shown on 170 CY $ $ these plans, complete and in place, 39. Chlorination and testing of all new water mains and 1 LS $ $ appurtenances, complete and in place. 40. Pre are Traffic Control Plan(s) and secure a roval s . 1 LS $ $ Implement approved Traffic Control Plan. Provide traffic control throughout work area, including temporary 41. pavement markings and stripping, signage, barricades, 1 LS $ $ personnel and all other control measures necessary for the duration of the project. C-13 PROJECT BID SCHEDULE B ALTERNATE BID DUCTILE IRON PIPE OC-9 WATER TRANSMISSION MAIN REPLACEMENT, CC-1274 CITY OF HUNTINGTON BEACH Item No. Description P Quantity Unit Unit Cost Total Cost 42. Remove existing mature tree. Grind stump and root to 24- 50 EA $ $ inches below Prade. 43. Plant new 24-inch box tree per City Standards No. 714; No. 715 2 of 3; 3 of 3); and Standard 718. 100 EA $ $ 44. Remove and legally dispose of existing sidewalk. 50,000 SF $ $ 45. Construct new sidewalk per City Standard No. 207. 50,000 SF $ $ 46. Adjust/Restore Survey Monuments and/or Ties 12 EA $ $ 47. Demobilization and Cleanup 1 LS $ $ 48. Cathodic protection system 1 LS $ $ 49. Shoring, Sheeting, and/or Bracing as required. 1 LS $ $ Total Amount for All Alternate Bid DI Items OC-9 Water Transmission Main Replacement; CC-1274 $ City of Huntington Beach Total Amount for Alternative Bid All Bid Items in Words Notes: 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. C-14 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 13,dc r-s Bv•Jin the amount of S /G "c which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: �1 Addenda No. Date Received < rider's: c nature C-15 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 ' Number 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. C-16 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �� l �Gp-�Sv•� , being first duly sworn, deposes and says that he or she is Pr-nS 1'0,t e-'t '7` of Garcia Juarez Construction Irf& 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 to any member or agent thereof to effectuate a collusive or sham bid. Garcia Juarez -Construction Inc. �I Signature of Bidder P. O. g oK 3a Address of Bidder CAL*ORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On U v 3. _'20dS before me, Date personally appeared Jim Jackson Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") 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 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. .0 VIENNA LINDA GALINDO An i Commission.#1569051 WITNES Notary Public• California Los Angeles County My Lwri. E - 14, 2009 OPTIONAL Though the information below is not required by law, it may prove valuable fraudulent removal and reattachment of this ff Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ I1dividual 0 Corporate Officer Title(s): resident/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee - ❑ Guardian or Conservator ❑ Other: I Top of thumb here Signer Is Representing Garcia Juarez construction, Inc. and official seal. Signer's Name: s i ring on the document and could prevent document. Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Top of thumb here' 2, Reorder: Call Toll -Free 1-800-876-6827 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 OC-9 WATER TRANSMISSION MAIN REPLACEMENT in Newland Street from Yorktown Avenue to Warner Avenue, (1)(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. Date: U� Garcia Juarez Construction Inc. Contra By Title C-18 CAfLU-ORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of Los Angeles On before me, Vienna .Linda Galindo, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public") X personally appeared Jim Jackson 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 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. VIENNA LINDA GALINDO Commission.#1569051 WITNESS ` y hand and official seal. ' Notary Public • California Los Angeles , 142 C / t:.1r.e 14. Ey009 OPTIONAL Though the information below is not required by law, it may prove valuable to pe sof fraudulent removal and reattachment of this form, to1n Description of Attached Document \\ Title or Type of Document: \ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual ❑ Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator e ❑ Other: Top of thumb Here Signer Is Representing Garcia Juarez Construction, Inc. Signer's Name: of Notary on the document and could prevent Number of Pages: ❑ Individual ❑ Corporate Officer Title(s): El Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 S� Top of thumb herecx -- Reorder: Call Toll -Free 1-800-876-6827 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 RrNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-19 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. Date: •J a r2�> Garcia Juarez Construction Inc. Contractor By Title C-20 r,AfLMORNIA ALL-PURPOSE ACKNOWLEDGMENT c_:;�.e��.c:<;�__.Y'_c�'_e�.�����'•1[_-l."-C'.cc-,rS�-�',�-c•,�,�=��,��'.c�C`/c-c�.c-c`ic�ri��t�.c-ci��.c�r�ic-��/��r.c�t`ic�c',c�c`c�`/C.,crierc�t�.e��' .e�e'.c�;c��^c�"i�ir=i'" State of California' 5 5 County of Los Angeles On before me, Vienna .Linda Galindo, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Jackson Name(s) of Signer(s) 1� 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 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. VIENNA LINDA GALINDO Commission.#1569051 WITNESS y hand and official seal. Notary Public • California Los Angeles ' 14,2County 4�{\ X My f�. Ettpre� 009 OPTIONAL Though the information below is not required bylaw, it may prove valuable fraudulent removal and reattachment of this A Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual ❑ Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Garcia Juarez Construction, Inc. Signer's Name: a on the document and could prevent Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 " Canoga Park, CA 91309.7184 Prod. No. 5907 a ` Top of thumb here.' Reorder: Call Toll -Free 1.800-876-6827 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 to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: s "y3 l y (`t% %& cw b i �--Jd Garcia Juarez Construction Inc. Title Date: Pr6-s► de-#A-7- Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-21 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Garcia Juarez Construction Inc. Bidder Name P.O. max 3a5 Business Address City, State Zip 73 yO Telephone Number s1?9y0 ► 14 State Contractor's License No. and Class /S Original /d Expiration bate 6 The work site was inspected by J�t�4 -Sc�Aof our office on � J 2003 The following are persons, firms, and corporations having a principal interest in this proposal: C-22 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. "`- -..j �� Ste' ✓� Printed or Typed Signature Subscribed and sworn to before me this /3 day of NOTARY PUBLIC 200-6'. VIENNALINDAGAUNDO Commission. #1569051 Notary Public - Catitomia LOSAngelee County [�- E April 14, 2009 NOTARY SEAL Listed below are the names, adckess an4 telephone numbers for three public agencies for which the bidder has performed similar ork ithin the past two years: 1. Sec ez ff azA r o'( Name and Address of Public Agency Name and Telephone No. of Project Manager: 2. a Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-23 Rev 03/29/05 GARCIA,TUAREZ CDNSTRUCTIDN, INC. Contract References (Projects completed by Jim Jackson while employed by SCU) City of Huntington Beach, $593,000 "Storm Water Treatment Project" Mr. David Verone (714) 375-8471 Lon Beach Water Department, $490,000 "l l Street and St. Louis Sewer Main" Mr. Robert Verceles (562) 570-2345 City of Long Beach, $61,000 "Atlantic Plaza Storm Drain" Mr. Teddy Noel (562) 570-5172 City of Huntington Park, $815,000 "Sewer Main Improvements" Mr. Wes Lind (626) 447-4274 X210 City of Hawaiian Gardens, $667,000 "Carson Street Drain", (Hawaiian Gardens) Mr. Elroy Kiepke w/ Wildan (562) 908-6278 Compton Unified School District, $99,000 "Demolition and Site Clearing" (Compton) Mr. Jeff Trueman w/ GKK (714) 423-9804 Los Angeles County Department of Public Works, $1,471,000 "Atlantic Avenue - Phase II" (Compton) Mr. Johnny Oghoorian (626) 712-4820 Mr. Issa Adawiya (626) 786-5807, (626) 458-4931 Los Angeles County Department of Public Works, $6,200,000 "Project 9037" (Long Beach) Mr. Rene Bracamontes (310) 487-9254 City of Yorba Linda, $723,000 "Denver Avenue Storm Drain" Mr. Scott Walker (714) 875-4714 (714) 986-9546 Los Angeles County Department of Public Works, $138,000 "Project 554" (Monrovia) Mr. Victor Bermude (626) 688-8275 Los Angeles County Sanitation Districts, $8,380,000 "Joint Outfall "H", Unit 2" (Paramount) Mr. David Haug (310) 830-8050 Mr. Dan Cory (310) 7014925 Rev 03/29/05 Los Angeles County Department of Public Works, $504,000 "110"' Street Drain" (Athens) Mr. Jimmy Shadab (310) 770-1990 Los Angeles County Sanitation Districts, $1,404,000 "Wright Road Replacement Trunk Sewer" (Long Beach) Mr. Jon Ganz (310) 638-1161 City of Seal Beach, $652,000 "Seal Beach Boulevard Rehabilitation" Mr. Gary Tomasetti (714) 412-2262 City of Beverly Hills, $259,000 "Roxbury Drive Storm Drain" Mr. Ara Maloyan (310) 285-2557 Los Angeles County Department of Public Works, $1,102,000 "Access Roads Project" (Los Angeles County) Mr. Jimmy Shadab (310) 770-1990 Los Angeles County Department of Public Works, $721,000 "Hollyhills Drain" (Beverly Hills) Mr. Tony Tajoh (626) 695-7292 Los Angeles County Department of Public Works, $1,200,000 "De Soto Avenue Drain " (Chatsworth) Mr. Gary Ewells (626) 335-3966, (805) 338-3654 City of Rialto, $270,000 "Baseline Waterline" Mr. Mark Devlin (909) 820-2533 Los Angeles County Department of Public Works, $5,800,000 "Devonshire Drain- Unit 1" (North Hills) Mr. Del Quevedo (626) 45 8-63 10 City of Vernon, $1,220,000 "CMD Sewer Phase II" Mr. Vince Rodriguez (323) 583-8811 Los Angeles County Department of Public Works, $2,300,000 "Burnett Drain" (North Hills) Mr. Imad Abboud (626) 458-3104 Los Angeles County Department of Public Works, $2,200,000 "Paula Drain" (Glendale) Mr. Ruben Amezcua (323) 720-9768 Los Angeles County Department of Public Works, $880,000 "Bombardier Drain" (Norwalk) Ms. Sumitha Shivel (626) 458-3104 THE AMERICAN INSTITUTE OF ARCHITECTS El AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Garcia Juarez Construction, Inc. Mere insert full name and address or legal title of Contractor) P.O. Box 309, Brea, CA 92822 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company (Here insert full name and a dress or legal title of Surety) 1575 Treat Boulevard, Suite 208, Walnut Creek, CA 94596 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) Huntington Beach, CA as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid ---------------- Dollars ($ 10.00% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for OC-9 Water Transmission Main Replacegment (Here insert full name, address and escription of project) Contract No. 1274 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obtigation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of July (Witness) (Witness) See Attached Surety All -Purpose Notary Acknowledgment Form Garcia-Itwez Co truction nc >$ 2005 1 { 1 (Pr cipal) (Seal) (l1 By: \ \ f\ T International Fidelity Insurance Company By. � C'�� uret(Seal) (Title) \ Mark E. Shreckenga Attorney -in -Fact AIA DOCUMENT A110 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ® Printed on Recycled Paper 9f93 9 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of Los Angeles On �ja 1 y � 3, 1oc� before me, Vienna Linda Galindo, Notary Public Date Name and Title of Officer e. Notary Public")' ( g.,'Jane Doe, Nota personally appeared Jim Jackson 4; 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 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. VIENNA LINDAGALINDO �l .� Commission.11569051 WITNESS m han and official seal. �l Notary Public- California Los Angeles County :l Cum. EWM 14,2W9, :? N OPTION ,4L Though the information below is not required by law, it may prove valuable to peranth s rel 'ng on the document and could prevent fraudulent removal and reattachment of this form to erocument. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ individual 3 Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other: ' Top of thumb here Signer Is Representing: Garcia Juarez construction, Inc. Signer's Name: I■ ■ ■ ■ ■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing .,RIGHT7HUMBPRINT 0 SIGNER.'''s.; Top . a 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 13, 2005 before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L. HANNA � COMM. # 14527()3 m NOTARY PUBLIC, CAUFORNIA 3 LOS ANGELES COUNTY My Comm. Expires Nov. 4 2W7 Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. gnature of Notary Pu lic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s):_ —Partner--Limited—General X Attorney -in -Fact Trustee _Guardian Other: Signer is Representing: Number of Pages ,Ted (9,73) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint MARK E. SHRECKENGAST, JULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, INTERNATIONAL rule regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. TY , IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be PO G signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. SEAL T C1 INTERNATIONAL FIDELITY INSURANCE CO c r y STATE OF NEW JERSEY 904 h County of Essex d'�,1N1 iV On D,OAFIQ,IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year fist above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 13th day of July 12005 Assistant Secretary CITY OF HUNTINGTON BEACH OC-9 WATER TRANSMISSION MAIN REPLACEMENT in Newland Street from Yorktown Avenue to Warner Avenue CONSTRUCTION CONTRACT NO. CC1274: PHASE 2 BID ADDENDUM No. 1 July 6, 2005 The following ADDENDUM 1 shall be made part of the Contract Documents, and the bidder shall acknowledge receipt thereof as specified below. Revisions are made to the Contract Documents as specified on the following pages 2-3. Each bidder shall acknowledge receipt and acceptance of this Addendum 1 by signing in the space provided below. Bidder shall submit the signed acknowledgement with their bid. Sincerely, CITY OF HUNTINGTON BEACH M Deborah De Bow Associate Civil Engineer Receipt acknowledged and conditions agreed to this /.I day of July, 2005. 62 -'es I a� �e•1 T Title CC-1274 Addendum 1 Page 1 of 3 ADDENDUM No. 1 OC-9 Water Transmission Main Pipeline in Newland Street from Warner Avenue to Yorktown Avenue Construction Contract No. 1274- Phase 2 1. Class DIP Bidders shall revise Bid Item No. 2, of the project Bid Schedule B (page C-9 of the project specifications) to read: "Furnish and install 24-inch DI pipeline C150, CL200 from sta 61+83+/- to sta 138+16+/- with nitrile (NBR) gaskets. Furnish and install all fittings, and appurtenances, temporary blow -off, pressure testing, polyethylene encasement, pavement sawcutting and removal, excavation, backfill, surface repair, and thrust restraint, as shown on these plans, complete and in place." 2. Bid Item Nos. 21, 22 Bidders shall make the following revisions to both Bid Schedule A (pages C-4 and C-5 of the project specifications) and Bid Schedule B (page C-11 of the project specifications): (A) Revise Bid Item No. 21 to read: "Furnish and install 24" siphon from sta 61+96+/- to sta 64+46+/- , including all fittings, and appurtenances, temporary blow offs, pressure testing, cathodic protection on DI fittings, pump out assembly, pavement sawcutting and removal, excavation, backfill, surface repair, thrust blocks and thrust restraint, as shown on these plans, complete and in place." (B) Delete Bid Item No. 22 in its entirely. 3. Contract time There was an inconsistency in the project specifications. Bidders shall revise Section 6- 7.1 on page E-10 of the project specifications to read as follows: "The time within which the Work must be completed by the Contractor is fixed at 160 working days, starting from and after the date in the 2nd Notice to Proceed with the Work, exclusive of maintenance periods." CC-1274 Addendum 1 Page 2 of 3 4. Contract Award It is anticipated that the construction contract will be awarded by the Huntington Beach City Council at their regular meeting on August 15, 2005. It is anticipated that the first Notice to Proceed (for materials procurement) will be issued shortly after October 1, 2005. It is anticipated that the second Notice to Proceed (with physical site construction work) will be issued on or about January 2, 2006. 5. Bid Proposal Several of the bound project specifications purchased form the City also included an "unbound" loose bid proposal (i.e. Specification Section C: PROPOSAL.) Bidders are hereby instructed to disregard this loose bid proposal. Bidders shall make a photocopy of the bid proposal Section C found in the bound project specifications, and submit this as their bid. 6. Bid Alternatives Bidders are not required to submit bids on both alternatives. 7. Slurry Seal There is no slurry seal required for this project. Bidders shall delete note 8 from the Trench Replacement Detail found on plan sheet 15. 8. Compaction Testing Compaction testing shall not be provided by the contractor. 9. Survey services Survey services shall be provided by the contractor, in accordance with the construction documents. Prepared by: Deborah De Bow, P.E. Date Associate Civil Engineer CC-1274 Addendum 1 Page 3 of 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET September 28, 2005 Garcia Juarez Construction, Inc. P. O. Box 309 Brea, CA 92822-0309 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Re: CC-1274 — OC-9 Water Transmission Main Replacement CALIFORNIA 92648 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the protect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, Toan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g: fol lowu p\ca sh cont\ca shcon-letter. doc ( Telephone: 714-536-5227 ) City of Huntington Beach- Department of Public Works 2000 Main Street/P.O. 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 1 Gentlemen: The undersigned, contractor on: 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. (Signature and Title) APPROVED AS TO FORM JEN IFER WGRATH, City Attorney Serel, Son p-ty Cty Attorney 1 ZI `% 1 n g:followup\cash cont\cashcon 1.doc procedure #14 DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public. works contract entitled: i and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The 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 "NONE") declare under penalty of perjury that the foregoing is true.and correct. . Executed at on this day of , 20_. (Location) (Signature of Contractor) A PPROVED AS TO FORM .aE N 1F E R WGRATH, City Attorney arab Sutton ft 3 g:followu p\cashcont\cashcon2.doc procedure #15 eputy City Attorney Sep, 14. 2005— 9:33AM No, 4170—P, 1- — uA I t (MM/DDM'YY;I H 4 VKU M. CERTIFICATE OF LIABILITY INSURANCE 1 08/30/2005 PRODUCER Phon.: 077-597-4999 Fax 969-W-5352 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BACCARELLA INSURANCE SERVICES, INC. / ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6864 INDIANA AVE. # 201 �1CT _�� �{ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR RIVERSIDE CA 92506 �r , / ALTER THE COVERAGE AFFORDED BY THE POLICIES QELOW. C..LL.��'(-K �i9Y-ti.T- CeiN7G — INSURERS AFFORDING COVERAGE NAIL # --...._... ___....... __...__... ENSURED �INSURERA' LANDMARK AMERICAN INSURANCE GARCIA JUAREZ CONSTRUCTION CO., INC. -r _._..... .INSURER B...... -- -... -- ......... BREA CA 92822/z�• �. f�!i?�6-�T INSURER C; LINCOLN GENERAL INS COMPANY INSURER D: STATE COMP INSURANCE FUND _ --....----._...-...__ _.. - ....... ..... _........ INSURER E: nnvFRenFA 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. IHSR ADD'L POLICY EFFECTIVE TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION EXPIR LIMITS LTR .INSRD DATE MM/DDrn� DATE GENERAL LIABILITY LHA127264 12/03/04 12/03/05 1 EACH OCCURRENCE S 1 X COMMERCIAL GENERAL LIABILITY $ .090,000 §Q,000 occurgnpy) CLAIMS MADE X OCCUR MED EXP (AnY one person) $ 5,000 A , � PERSONAL S ADV INJURY .... ........ ... ...... _ ....... $ . 1,000,000 GENERAGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ...AL - ....... _..... PRODUCTS-COMP/OP AGG. _._ . _........... $ 2,000 000 ...... - PRO - . POLICY X JET I LOC . ..... .._.._._.__.._.. .. ......___... .... .__. __... _.... J AUTOMOBILE LIABILITY 6310002011 01/05/05 01/05/06 COMBINED SINGLE LIMIT ANY AUTO (Es accident) 1,000,000 ALL OWNED AUTOS 60DILY INJURY X SCHEDULED AUTOS (Per person) 3 C...._ . _ _.. X HIRED AUTOS BODILY INJURY 1 ..... _ X NON -OWNED AUTOS (Per accident) _........ ... ......_ ......_...... .. i PROPERTY DAMAGE '$ (Per a idant) GARAGE LIABILITY AUTO ONLY - EA ACC_ IDENT $ ._._ ..... .. ..... ....._._... ANY AUTO OTHER THAN EA ACC AUTO ONLY: .__._—....__.. ..__.._.._...... AGG $ EXCESS / UMBRELLA LIABILITY 42042088 12/03104 12/03/06 EACH OCCURRENCE 4,000,000 X OCCUR X CLAIM$ MADE i AGGREGATE 4,000,090 B _$ $ DEDUCTIBLE $ RETENTION $ 0 $ WORKERS COMPENSATION AND 180188504 12104/04 12/04/05 OT RY LIMIT ' OTHER EMPLOYERS' LIABILITY 1 _ D ANY PROPRIETORIPARTNER/EXECUTIVE E L. EACH ACCIDENT S _..........._... _. .... .. ,,, ., ... 1,000 000 ... ._._....!. ... OFFICERIMEMHER CXCLUDED7 APP OVE AST FO E.L. DISEASE -EA EMPLOYEE $ -_.. 1,000,000 Ir yoa, aaacrim undo. SPECIAL PROVISIONS below -"--....._... ....._..._. _-._.._ E.L. 9 d E.L. DISEASE -POLICY LIMIT i$ _..........._ 1,000,000 OTHER:JENNIFER McCAuTif, City Attomey DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS '10 DAY NOTICE FOR NON PAYMENT OR NON REPORTING OF PAYROLL" OC-9 WATER TRANSMISSION MAIN REPLACEMENT CASH CONTRACT 1274 PHASE II, CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS & EMPLOYEES ARE HEREBY NAMED AS ADDITIONAL INSURED (S) PER FORM RSG 15001 (9-03) ATTACHED WHICH INCLUDES PRIMARY CLAUSE. WAIVER APPLIESJO GENL LIAB & WC, FORMS ARE ATTACHED. REVISION OF CERT DATED 8-15-05 TO INCL ADDL WORDING. 4CR I U-16.A 1 C MULUGK L;ANL;LLLA i IUN CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 3C- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. HUNTINGTON BEACH, CA 92648 AVTHQR17_EO REPRESENTATIVE Attention: ��-p.Q. ,��Q-, C� - 3 c�- � j �� L.(Ai�/q�✓�l 1 bath Vang ACORD 25 (2001108) Certificate # 22392 0 ACORD CORPORATION 198t1 Srp, 14. 2005 9:33AM No, 4170 P. 2 LANDMARK AMIEMCAN INSURANCE COMPANY This Endorsament Changes The Policy. Please Road /t Camfully. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement madirres insurance provided under the Wowing: CONWRGIAU GENERAL LMILITY GoVERAGE FORM SCHEDULE Name of Person or Organir$Qon: Any person or organization to whom of to which you are ogligeled by vide of a w6hen contract or by the issuance or existence of a permit, to provide Insurance such ee is afforded by Ihrs po'icy. (if no enty appears atxwe, Inforrna:ivn required to complete this endorsement will be Shawn in the Declaration as applicable to this erVomernent. ) SECTION 0 , WNO 1$ AN INWR1151) Is emorMed to include as an inwjMtl tha per5an or OrQHniZalion shown in the SCHEDULE, but ony with respect to I &14 arising out oi'your work" for that insured by or for you. if you are required by a written contract to provide prftry insurance, this policy shall be primary as respects your negligence and SiCT10N IV — COMMERCIAL GENERAL LIABILMY CONDITIONS, 4, otter Insurance does not apply, but only with respect to coverage provided by this polioy. Additional Insured's: City of Huntington Beach, department of public works, its agents, officers & employees fhrb endOts®mBnt 0ectrve i 2/D30G4 forms part of Policy Number LHA127254 issued to 13ARCIA JUAREZ CONSTRUCTION CO, INC. Dy Landmark American Insut®nee Company Endorsement No.. RSG 150010903 Includes copyrghted material of Insuranca Services Office, Ina, 1904 (CG 20101145) with its permission Sep.14. 2005 9:34AM No.4170 P, 3 LANDMARK AMRRICAN INSURANCE COMPANY Thhs Endorsement Changes The Policy. Phase Read /t Carefully, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This enckxsement modlfigs Insurance provided IXlder the following: COMMERCIAL GENERAL LIABILITY COVI=RAGE FORM PRODUCTSICOMPLETEt7 OPERATION$ LIABILITY COVERAGE FORM SCHEOME Name of Parson or Orgartizatton: Any Person or Organization As Required By Written Contract The following is added to SEGTIOk IV — CONDITIONS. S. TRANSFER OF RIGHTS OF REC01FERY AGAINST OTHER TO US - We waive any right of recovery we may heve agalnst the person of orgmnizeUrin snown in the SCN.EOULE above because of payment we make ror injury or damage arising out of "your product` or "your work' done unaler a written Contract with that person or organization and included in the "product -completed opiara►Ions hazard". Thie waiver applies only to the person or organization shown in the SCHECUL9 above. Additional Insured's: City of Huntington Beach, department of public works, its agents, officers, & employees This endorsement effective 12M312004 forms part of Policy Numt)er LHA127254 Issued to GARCIA JUAREZ CONSTRUCTION CO.. INC. t]y Landmark American Insurance Company End=ment No,'. RSG 1 dO4B GW3 Include$ raWlghtad material of Insurance Services Office, Inc, 1902 with its pertrission. RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha /if reidenrich, City Treasurer FROM: wo DATE:S SUBJECT: Bond Acceptance have received the bonds for \�— � E-�d (Company Name) Faithful Performance Bond No. _ k 9 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved 4 .� /� J Agenda Item No. (Council Approval Date) City Clerk Vault No SS 600.�.s #27 g:/followup/bondletter.doc. THE AMERICAN AMERICAN INSTITUTE OF ARCHITECTS Executed in Two Counterparts Bond Number: 0409960 Premium: $27,665.00 Final Premium Based on Final Contract Amount AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): Garcia Juarez Construction, Inc. P.O. Box 309 Brea, CA 92822 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 CONSTRUCTION CONTRACT Date: August 15, 2005 Amount: Four Million One Hundred Ten Thousand Eight Hundred Forty and no/100 Dollars $4,110,840.00 Description (Name and Location): OC-9 Water Transmission Main Replacement, Cash Contract No. 1274 Phase II BOND Date (Not earlier than Construction Contract Date): August 16, 2005 Amount: Four Million One Hundred Ten Thousand Eight Hundred Forty and no/100 Dollars Modifications to this Bond: ® None Company - Garcia Ju;4 (Corporate Seal) Signature: I NaiTie--and Titl ��- C� (A^.y,additional signatures appear on page 3) SURETY Company: International Fidelity Ins ce Coi Signature: Name and Title: dark E. Shrecke $4,110,840.00 ❑ See Page 3 (Corporate Seal) Attorney -in -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) -AGE•NT or. BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Summit Surety Insurance Services other party): 1490 Colorado Boulevard Los Angeles, CA 90041 / (323) 256-0126 A� TO O n 0 i�, .9 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA S THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation. under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, .and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the lirnil of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- lions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Defau►t or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal. requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 6g THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 CALYFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 4"t,s'f- /6, before me, -T Dale personally appeared Jim Jackson Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., 'Jane Doe. Notary Public") 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 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. VIENNA LINDA GALINDO l h : Commission.#15t3905� WITNESS my hand 1 F Notary Public • Callfornia LosAngeles County My L�. Eyrh ' 1 4, 2009 OPTIONAL Though the Information below is not required by law, it may prove valuable to pef fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual 5( Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Garcia Juarez Construction, Inc. Signer's Name: it seal. document and could prevent 7 Number of Pages:' ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator o' ❑ Other: Top of thumb here' Signer Is Representing ® 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles OnAugust 16, 2005 ,before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L. HANNA COMM. # 1452703 m NOTARY PUBLIC, CALJFORNIA 3 LOS ANGELES COUNTY My Comm, Expires Nov. 23, 2607 Ivy Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. -- Va OL Signature of Notary Public 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 fnmi to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s): —Partner--Limited—General X Attorney -in -Fact _Trustee _Guardian Other: Signer is Representing: Number of Pages Fle,Si C�Rr6i��9� 7 "JJih�r� TD a �! 7� �'33ct.irn �1 C icL THE AMERICAN INSTITUTE OF ARCHITECTS Executed in Two Counterparts Bond Number: 0409960 Premium: Included in Performance Bond AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Garcia Juarez Construction, Inc. P.O. Box 309 Brea, CA 92822 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 CONSTRUCTION CONTRACT Date: August 15, 2005 Amount: Four Million One Hundred Ten Thousand Eight Hundred Forty and no/100 Dollars $4,110,840.00 Description (Name and Location): OC-9 Water Transmission Main Replacement, Cash Contract No. 1274 Phase I1 BOND Date (Not earlier than Construction Contract Date): August 16, 2005 Amount: Four Million One Hundred Ten Thousand Eight Hundred Forty and no/100 Dollars Modifications to this Bond: ® None CONTRAC Company: Garcia Juar (Corporate Seal) Signature: Name and Title. -J- A^ Ats 0.7 (Aeiy=.adcli.tional signatures appear on page 6) SURETY Company: International Fidelity Ins Signature: I Name and Title: M $4,110, 840.00 ❑ See Page 6 (Corporate Seal) ey-in-Fact (F'_?R i?v'FO'RNtATION ONLY —Name, Address and Telephone) v ACi`NT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Suirnnit-Surety Insurance Services other party): 1490.Colorado Boulevard ]Los Angeles, CA 90041 Ap, ,RQV/FDI �O FQ Z #1(v( 323 256-0126 �(/ � f/ AkAd fil AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 rHIRD PRINTING • MARCH 1987 A312-1984 4 1 The Contractor and the Surety, jointly andseve4ally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety. that is suffi- cient compliance- 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA° THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N.W., WASHINGTON. D.C. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure'of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 198,4 ED. • AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19M 6 THIRD PRINTING • MARCH 1987 CA[LUFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California N I Angeles Los An County of g On cs$t /( ? before me, Vienna Linda Galindo, Notary Public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Jim Jackson, 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 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, ;� I executed the ins ume t. VIENNALINDAGALINDO • Commission.#151i9051 WITNESS my han-'rimp d fficial seal. • Notary Public • California n1 Los Angeles County " Um. E*m A'14, 2009 p� ra of N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to pers ns r lying on th document and could prevent fraudulent removal and reattachment of this form to othe document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual 5 ( Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ' ❑ Other: Top of thumb here Signer Is Representing: Garcia Juarez Construction, Inc. Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIG.HTTHUMBPRINT.- OFSIGNER: .p of thumb here 0 1995 National Notary Association • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Call Tall -Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 16, 2005 before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the LAURA L. HANNA instrument. COMM. # 1452703 m - a WITNESS my hand and official seal. NOTARY PUBLIC,CALIFORNIA 3 L OS ANGEL ES COUNTY My Comm. Expires Nov. 23, 2DO7 Place Notary Seal Above Optional Signature of Notary Public Though the informal ion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s):_ _Partner- Limited_GeneraI X Attorney -in -Fact _Trustee _Guardian Other: Signer is Representing: Number of Pages -Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ................................................................................................................................_............................................................................................................-..........................,....... MARK E. SHRECKENGAST, JOSEPH E, COCHRAN, JULIE M. ORMONDROYD Los Angeles, CA. ........................................................................................................................................................._..,......................................................................................................................> its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety,, any and all bonds and undertakings, contracts of indemnity and other writings obligatory m the nature thereof, which are or may be allowed, required or permrtted by law, stature rule regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as bindmg upon the said INT RNATPONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adoppted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bmdmg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003, INTERNATIONAL FIDELITY INSURANCE CO SEAL y 19Q4 STATE OF NEW JERSEY Bey_ lE4S�a County of Essex Secrets On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personallyknown, and, being by me duly swom, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OAR (�� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. NOTARYr PUBLIC '}ERA A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 1 6th day of August 2005 Assistant Secretary Company Profile Page 1 of z Company Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER z,oTH FL NEWARK, NJ 07102-5207 Agent for Service of Process KEVIN CHAMBERS, 1575 TREAT BLVD. SUITE 208 WALNUT CREEK, CA 94598 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 11592 NAIC Group #: 0000 California Company ID #: 4341-4 Date authorized in California: February o9, 1996 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: NEW JERSEY Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information t� Company Enforcement Action Documents ' Company Performance & Comparison Data Composite. Complaint Studies http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof_utl.get_co_proPp_E I D... 8/29/2005 Company Profile Want More? Page z of z Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - November 04, Z004 im8 AM Copyright © California Department of Insurance I )igr1n;mPr http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_prof utl.get_co_proPp_EID... 8/29/2oo5 FRO'1 PHONE HO. : Aug. 22 2005 12:12PM P1 GARCIA JUAREZ CONSTRUCTION, INC. P.O. BOX 309 J31Z3: A ('A 92822-0309 40 PX.: f\562) 984-7341 FACSIMILE TRANSMITTAL SHI~ET TO: ,.--� FROM /' '�',F' VE'fir ►� Jim Jacjcson COMPANY: DATE: 2-2 1YEM BEING FANED: REFERENCE CJ URGENT L�I DOR REVIEW ❑ PLEASE RESPOND IJ 6R YOUR REQUEST NOTES/COMMI�'NT FROM : PHONE NO. : Aug. 22 2005 12:13PM P2 V VION cat r �Ii [>IRr c I'Oi7s i :thl N B Wick I-VEN C.'ONSENT t. A]1C 1A ,!1<1:1,)r FZ CONSTRUCTION. INC. The undersitined. 1xing the sole director of Garcia. Juarcr Construction- Inc.., takes the following action by w'rittcn consent. RESO1.•V>: D, that the form of stock certificate presented and read he and it is hereby approved a.n(l adapted, and the secretary is instructed to insert a specimen thereof in the minute book. RESOLVED, that the seal, an impression of which is hereto affixed, be and it is hereby adopted as the corporate seal for the corporation. The secretary was authorized and directed to procure the proper corporate books. RESOLVEI_>, that an office of the corporation be established and maintained at 5510 Trabuco Road, Irvine, California 92620, and that meetings of the board of directors from time to time may be held either at the registered office in Irvine, California, or at such other office as the board of directors shall fi-onr time to time order, RESOLVED, that for the purpose of authorizing the corporation to do business in any state, territory or dependency of the United States or any foreign country in which it is necessary or expedient for this corporation to transact business, the proper officers of this corporation arc hereby authorized to enter into any and all contracts for the benefit of the corporation, to appoint :and substitute all necessary agents Or attorneys for service of process, to designate and change the location of all necessary statutory offices, and, under corporate seal, to make and file all necessary certificates, reports, powers of attorney and other instruments a,s may he required by the laws of such state, territory, dependency or country to authorize the col potation to transact business therein and withdraw there from, to revoke any appointment of agrent or attorney for service of process, and to file such certificates, reports, revocation of appointment, or surrender any authority as may be necessary to terminate the authority of the corporation to do business in any such state, territory, dependency or country, RESOLVED, that the fiscal year of the corporation shall begin the first day of in each yoar. RESOLVED, that the treasurer be and he hereby is a no ed to pay all fees and expenses incident to and necessary for the orga ' . on of e cor )ration, Dated: a 2005 James Jackson Sole Director FROM : PHONE No. Aug. 22 2005 12:13PM P3 m ! Ili?N Oil "I'!- E IDIREIC.TORS TAK N BN 9VIftITTEN C'(ONSrNT s;;�BZC'I,! .IIfAI2F:Z tONS'I'ItllC"i'iOlr, INC. The under:iii.med, being the soie. director oi'(jarcia juarcz C mstrtiction, Inc., take,,-, the following action 1)v wrilcen consent. RESOLVEI). that it is In the best interest of the Corporation to accept James Jackson as the solo. shareholder of the corporation. RESOLVED, that it is in the best interest of the corporation to elect James Jackson as the President, Chief Financial Officer and Secretary of the corporation, RESOLVED, the President and Secretary are directed and empowered to issue 100,000 shares of the corporation's $.01 par value common stock to James Jackson. No value is ascribed by the board of directors due to the nature of the founder's share and carryover basis of accounting required under generally accepted accounting principles. The shares shall contain a restrictive legend in the form set forth below: THIS SEC I:.'R.ITY HAS NOT" BEEN REGISTERED UNDER THE SECURITIES ACT Of 1933 OR THE SECURITIES BLUE: SKY LAWS OF NEVAD.A OR ANY OTHI:;R STATE AND MAY BE OFFERED AND SOLD ONLY IF REGISTEREDAND QUALIFIED PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL AND STATE SECURITIES OR BLUE SKY LAWS OR .IF AN EXEMPTION FROM SUCH REGISTRATION OR OUALIFICATION IS APPIA ART.F. Dated:%y 27 _ 2004 :D CS i_- u� IJ o '�,J Council/Agency Meeting Held: O.r Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied y erk' Sign re Council Meeting Date:' 8/15/2005 Depart D Number: PW 05-051 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR COUNCIL MEMBERS SUBMITTED BY: PENEh/OPPE COLBRETH-GRAFT, CITY ADMINISTRATOR -; c.0 PREPARED BY: PAUL EMERY, ACTING DIRECTOR OF PUBLIC WORKS > r„ f`u SUBJECT: Award Contract for Construction of Newland Street Water Transmission Pipeline Replacement; CC-1274 Y� Statement of Issue; -Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 13, 2005, bids were received for the Newland Street Water Transmission Main Replacement Project Phase 2, CC-1274. Staff recommends award to Garcia Juarez Construction, Inc., the lowest responsive and responsible bidder. An additional appropriation from the Water Master Plan Fund balance is required to complete the project. Funding Source: Funds in the amount of $2.1 million are budgeted in the Water Master Plan Fund, OC-9 Water Main, Account 50791020.82100. An additional appropriation of $3.2 million from the Water Master Plan undesignated fund balance is requested. The total project cost will be $5.3 million. Recommended Action: Motion to: 1. Approve plans and specifications; 2. Accept the lowest responsive and responsible bid submitted by Garcia Juarez Construction, Inc., in the amount of $4,110,840; 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract; 4. Appropriate $3.2 million to the project budget from the Water Master Plan Fund; and 5. Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. This action would delay completion of the project. REQUEST FOR ACTION MEETING DATE: 8/15/2005 DEPARTMENT ID NUMBER:PW 05-051 Analysis: The existing Newland Street Water Transmission Pipeline is a 21-inch steel mainline that conveys water from the West Orange County Water Board OC-9 import connection at Edinger Avenue and Newland Street to the Overmyer Reservoir facility. The 2000 Water Master Plan recommended that this transmission main be abandoned and replaced with a new water main, in a more direct and accessible alignment, within Newland Street. The existing and proposed alignments are shown in Attachment 1. This is a two-phase project. Phase 1 (CC-1187) is the one -mile segment in Newland Street between Edinger and Warner Avenues. This phase is under construction and should be completed in August 2005, at an estimated cost of $3.3 million. On July 13, 2005, bids for Phase 2 were received and publicly opened by the City Clerk, and are listed below in ascending order: Bidding Contractor Pipe Material Bid Amount Corrected Amount Garcia Juarez Construction, Inc. PVC $4,155,840.00 $4,110,840.00 J. Fletcher Creamer & Son DIP $4,245,454.00 $4,245,454.00 Steve Bubalo Construction Co. DIP $4,491,522.00 $4,487,022.00 J. Fletcher Creamer & Son PVC $4,513,570.00 $4,513,570.00 Highland Engineering DIP $4,674,772.07 $4,674,772.07 Majjch Bros. Inc. DIP $4,882,130.00 $4,882,130.00 BRH Garver West, Inc. PVC $4,896,884.00 $4,896,884.00 E.J. Meyer Co. DIP $5,333,333.00 $5,333,333.00 The lowest responsive bid was $4,110,840 by Garcia Juarez Construction, Inc. for PVC pipe. Bid amounts were verified. Minor addition errors did not alter the low bid award. The reference check for Garcia Juarez Construction, Inc. provided acceptable responses from past clients. The Engineer's Estimate was $4,350,000. In addition to construction contract costs, the project will require supplemental costs such as engineering support, construction management, testing and inspection by outside firms. The City has entered into on -call contracts with several reliable providers for these services. The estimated total cost for these services is $500,000. The original budget of $5.3 million for both phases was established in fiscal year 2003/04. The basis of the budget was taken from the estimate in the 2000 WMP, before the project was designed. G:\R C A\2005\05-051 August 15 DeBow (Award CC-1274 Newland Pipeline Phase 2).doc -2- 8/2/2005 11:14 AM REQUEST FOR ACTION MEETING DATE: 8/15/2005 DEPARTMENT ID NUMBER:PW 05-051 Several factors that have changed to account for the difference in current cost versus the budget estimate: 1. Substantial increases in the cost of materials 2. Contract staffing for design and inspection 3. Unknown and unclear field condition As a result of the bids received, it is necessary to appropriate $3.2 million additional funds from the Water Master Plan Fund (WMP) to complete Phase 2 of the project. Resolution 2002-119 authorizes the Director of Public Works to approve up to ten percent (10%) of the construction cost for change orders. Due to the complexity and scope of this project, a waiver of the Resolution and authorization to expend up to fifteen percent (15%) in construction change orders is requested. Public Works Commission Action: The Public Works Commission reviewed and recommended both phases of this project by unanimous vote on November 19, 2003. A project status report was presented to the Public Works Commission on July 20, 2005 and the budget increase was recommended by a vote of 5-0-2 (Engquist and Hart absent). Environmental Status: In accordance with CEQA requirements, an Initial Study was prepared for the project resulting in a Mitigated Negative Declaration. All mitigation measures were implemented on Phase 1, and will continue during the construction of Phase 2. All CEQA requirements have been satisfied. Attachment(s): 1. Location Map 2. Sample Construction Contract 3. Fiscal Impact Statement G:\R C A\2005\05-051 August 15 DeBow (Award CC-1274 Newland Pipeline Phase 2).doc -3- 7/29/2005 8:43 AM ATTACHMENT #1 BOLSA CHICA ZONE 2 RECOMMENDED IMPROVEMENTS 1. EXISTING 22"/21 " OC-9 TRANSMISSION MAIN TO BE ABANDONED AND REPLACED WITH 5,300 LF OF 20 PIPELINE ON NEWLAND ST FROM OC-9 TO f s WARNER AVE, 8,000 OF 24" PIPELINE FROM _ 1 WARNER AVE TO ELLIS AVE, AND 5300 LF OF E L # 20 PIPELINE FROM ELLIS AVE TO EXISTING 30" #S m ; �I TRANSMISSION MAIN ON YORKTOWN AVE. #9 (WELL #5 I I I 1 I i I I I I O 3 OC-44 CITY OF HUNTINGTON BEACH WATER MASTER PLAN �C PLANS PREPARED DY: TETRATECH ASIL 16241 Laguna Canyon Road, Saga zoo NEW OC-9 TRANSMISSION MAIN FIGURE 4-1 Irvine, California 92818 �9" 727-7097 FAX ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20_, 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 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), 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 thorough 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 the 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; agree/forms/city const/4-03 2 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, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, 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 the 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. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within consecutive 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 agree/forms/city const/4-03 4 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city consb4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 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 own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and 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 and/or the services performed hereunder. 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 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 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 by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days 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 materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/fortes/city consd4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to. CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 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 at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's 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. agree/forms/city consd4-03 . 11 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, 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, any 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 the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($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 One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: l . provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. 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 CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged 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 CONTRACTOR 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consU4-03 '15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or 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. 26. NONASSIGNABILITY 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. 27. 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 the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. 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 United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 an print name ITS: (circle one) Chairman/PresidenWice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Paize No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINIST/R/ATOR FROM: DAN T.VILLELLA, CPA, FINANCE OFFICER SUBJECT: FIS 2005 — 25 AWARD NEWLAND STREET WATER TRANSMISSION PIPELINE REPLACEMENT; CC-1274 DATE: JULY 25, 2005 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Award Newland Street Water Transmission Pipeline Replacement; CC-1274." If the City Council approves this action (total appropriation $3.2 million), the estimated fund balance of the Water Master Plan Fund at September 30, 2005 xvill be reduced to $30,625,000 Dan Villella, Finance Officer RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Newland Street Water Transmission Pipeline Replacement; CC-1274 COUNCIL MEETING DATE: August 15, 2005 RCA,ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, (Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable El(Signed in full by the City Attorne ) Subleases, Third Party Agreements, etc. Attached Applicable ElNot (Approved as to form by City Attorney) Certificates of Insurance (Approved b the CityAttorne pproved y y) Attached Not Applicable El Fiscal Impact Statement (Unbudget, over $5,000) AttachedNot Applicable ❑ Bonds (If applicable) Attached Applicable ElNot Staff Report (If applicable) Attached Ap licable ElNot Commission, Board or Committee Report If applicable) p ( pp ) Attached . Not Applicable El Find in s/Conditions for Approval and/or Denial pp Attached Not Applicable Elg EXPLANATIONFOR MISSING ATTACHMENTS REVIEWED RETURNED FORPAJ3DED,, Administrative Staff ( ) ) Assistant City Administrator (Initial) ( ) City Administrator (initial) City Clerk ( ) 6 EXPLANATION FOR RETURN OF ITEM: RCA Author: D. De Bow 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 over the age of eighteen years, and not a _ party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, .and that attached Notice is a true and -complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: June 16, 23, 30, 2005 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 30, 2005 at:.Costa -Mesa,-California. gn t r l a u, e' CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS . for the OC - 9 WATER TRANSMISSION MAIN REPLACEMENT in Newland Street Gam yarktow Avenue to Warner Avenue SECTION A NOTICE INVITING SEALED BIDS for the OC-9 WATER TRANSMISSION MAIN REPLACEMENT in Newland Street from Yorktown Avenue to Wanner Avenue CONSTRUCTION CONTRACT No.1274 - Phase 2 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 PM on July 13, 2005, Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, 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 $100.00 nonrefundable fee if picked up, or payment of a $130.00 nonrefundable fee if mailed via (secodd day) express mail. 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 ofi 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. Project Description: The work generally consists of the construction of approximately , 13,000 lineal feet -of primarily 20-inch and 24- inch (PVC anal/or ductile iron) water pipeline in Newland Avenue, between Yorktown Avenue and Warner Avenue. The project duration is 160 working days. 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 2nd day of February, 2004. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent June 16, 23, 30, 2005 063-904 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the OC — 9 NV:1'I`ER 'TRANS1I1S510N 11A1N REP1,ACE.N1ENT in Newland Street from Yorkto-svn Avenue to Warner•Avenue SECTION A NOTICE INVITING SEALED BIDS for the OC-9 WATER TRANS11ISSiON MAIN REPLACA11----NT in NeN%land Street from Yorktown Avenue to NN`arner .-kvenue CONSTRUCTION CONTRACT No. 1274 - Phase 2 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 PM on July 13, 2005, Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, 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 $100.00 nonrefundable fee if picked up, or payment of a $130.00 nonrefundable fee if mailed via (second day) express mail. 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 A-1 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. Project Description: The work generally consists of the construction of approximately 13,000 lineal feet of primarily 20-inch and 24-inch (PVC and/or ductile iron) water pipeline in Newland Avenue, between Yorktown Avenue and Warner Avenue. The project duration is 160 working days. 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 2nd day of February, 2004. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 < U- rr) I 7Z' 7/43 0 V 3 A 1. bill OC-9 WATER TRANSMISSION MAIN REPLACEMENT IN NEWLAND STREET, PHASE No. 2 CASH CONTRACT NO. 1274 BID DATE: JULY 13, 2005 TIME: 2:00 PM ENGINEER S ESTIMATE: $4,400,000 „Saw. BID LIST 11411 f /pc No. .... ,. ............... BI[}DER S NAME RANK : .................... TOTAL 'BIa AMOUNT 1 AMERICAN CAST IRON PIPE CO. 2 BRH GARVER WEST, INC. , pp 3 CEDRO CONSTRUCTION, INC. 4 COLICH CONSTRUCTION 5 E.J. MEYER CO. 6 ELSER CONSTRUCTION, INC. 7 FERGURSON WATERWORKS 8 GARCIA JUAREZ CONSTRUCTION, INC. 9 GOLICH & SONS 10 GRIFFIN PIPE PRODUCTS CO. 11 GROENIGER 12 HIGHLAND ENGINEERING o 13 HUGHES SUPPLY INC. 14 J. FLETCHER CREAMER & SON S/3 , 15 JA SALAZAR 16 JOHN T. MALLOY 17 MAJICH BROS. INC. 18 IMESA 19 MIKE BUBALO 20 MITCHELL ENGINEERING 21 MLANDEN BUNTICH 22 NATIONAL WATERWORKS 23 PACIFIC STATES CAST IRON CO. 24 S & J SUPPLY CO. 25 STEVE BUBALO CONSTRUCTION CO. �dS OC-9 WATER TRANSMISSION MAIN REPLACEMENT IN NEWLAND STREET, PHASE No. 2 CASH CONTRACT NO. 1274 BID DATE: JULY 13, 2005 TIME: 2:00 PM ENGINEER'S ESTIMATE: $4,400,000 BID LIST ............................................................................................................................... No'' BIQDE1Ft'S: NAME RANK TOTAL Bl AMOUNT 1 AMERICAN CAST IRON PIPE CO. 2 BRH GARVER WEST, INC. O 2V196 3 CEDRO CONSTRUCTION, INC. 4 COLICH CONSTRUCTION 5 E.J. MEYER CO. S 3 3 3• DO 6 ELSER CONSTRUCTION, INC. 7 FERGURSON WATERWORKS 8 GARCIA JUAREZ CONSTRUCTION, INC. 9 GOLICH & SONS 10 GRIFFIN PIPE PRODUCTS CO. 11 GROENIGER 12 HIGHLAND ENGINEERING p 13 HUGHES SUPPLY INC. 14 IJ. FLETCHER CREAMER & SON 15 JA SALAZAR 16 JOHN T. MALLOY 17 MAJICH BROS. INC. ef ea 30 , DO 18 IMESA 19 MIKE BUBALO 20 MITCHELL ENGINEERING 21 IMLANDEN BUNTICH 22 NATIONAL WATERWORKS 23 PACIFIC STATES CAST IRON CO. 24 S & J SUPPLY CO. 25 STEVE BUBALO CONSTRUCTION CO.