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Contract - Avram Electric - 2013-11-18CONTRACT (Public Works $30,000 - $125,000) #196-13 Canyon Pump Station Geenerator IS AGREEMENT is made and entered into this L0 day of �v by and between the COSTA MESA SANITARY DISTRICT hereinafter referre to as "DISTR CT" and, GHEORGHE AVRAM, dba AVRAM ELECTRIC, A SOLE PROPRIETORSHIP, hereinafter referred to as "CONTRACTOR." WITNESSETH That for and in consideration of the promises and agreements hereinafter made and exchanged, DISTRICT and CONTRACTOR mutually agree as follows: 1. Scope of the Work. That CONTRACTOR shall perform all the work and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required as described as follows: Contractor shall purchase and install a critically silenced 50 KVA standby diesel generator for the Costa Mesa Sanitary District (CMSD) Canyon Pumping Station located at 999 Wilson Street, Costa Mesa. CMSD has acquired an easement from the property owners at 2247 State Avenue and 2250 Canyon Drive for the location of the generator and conduit. 2. Labor and Materials. All of said work to be performed and materials to be furnished shall be in strict accordance with ALL REQUIREMENTS AS DESCRIBED IN Attachment A, attached hereto and incorporated herein by this reference, and CONTRACTOR agrees to do everything required by this Contract, the plans and specifications, and any general conditions, if applicable All labor, materials, tools, equipment and services shall be furnished on work performed, and under the direction, administration and subject to the approval of DISTRICT or its authorized representatives. 3. Term. The term of this Contract/Agreement shall commence on an agreed start date between DISTRICT and CONTRACTOR and shall be completed per the terms stated in Attachment A. 4. Time of the Essence. Time is of the essence of this contract. The work shall be completed within the time frames established in Attachment A. 5. Deleted . 6. The Contract Sum. DISTRICT agrees to pay and CONTRACTOR agrees to accept in full payment for the work above agreed to be done the sum of: Sixty -four thousand, eight hundred fifteen Dollars ($64,815.00). Progress Payments. This provision does not apply to this Contract. Contract - Public Works Page 2 8. Prompt Payments. DISTRICT agrees to promptly make progress payments on undisputed and properly submitted payment requests within thirty (30) days and to comply with the provisions of Public Contract Code Section 20104.50. 9. Retention Securities. This provision does not apply to this Contract. Should progress payments be desired, DISTRICT may retain 5% of the progress payment unless CONTRACTOR establishes an escrow account. 10. Federal Participation. This provision does not apply to this contract. 11. Compliance with the Davis -Bacon Act. This provision does not apply to this contract. 12. Prevailing Wage Rates. DISTRICT has ascertained the general prevailing rate of per diem wages and the general prevailing rate for legal holidays and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and the same has been placed on file with the City Clerk. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation, and travel time and subsistence pay, all in accordance with sections 1773.1 and 1773.8 of the Labor Code of the State of California. 13. Discrimination Minorities, Aliens. The CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire qualified minority individuals when job opportunities occur and utilize local business firms when possible and when consistent with California Constitution Article 1, Section 31 (a) [Proposition 209]. 14. Equal Employment Opportunity. CONTRACTOR shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity ", and amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR part 60). 15. Payroll Records. The provisions of section 1776 of the Labor Code of the State of California regarding the preparation, maintenance and filing of payroll records are applicable to this Contract. Specifically, each CONTRACTOR and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work. THE CONTRACTOR'S AND SUBCONTRACTOR'S PAYROLL RECORDS SHALL BE SUBMITTED ON A WEEKLY BASIS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUB- CONTRACTOR'S PAYROLL RECORDS. 16. Penalty. CONTRACTOR shall, as a penalty to the DISTRICT, forfeit up to $50.00 for each calendar day or portion thereof for each workman paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with section 1775 of the Labor Code of the State of California. Contract - Public Works Page 3 17. Apprentices. if applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen on the project are hereby imposed upon CONTRACTOR. 18. Legal Dav's Work. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Section 11 above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the CONTRACTOR shall forfeit to the DISTRICT as a penalty the sum of $25.00 for each workman employed in the execution of this Contract by the CONTRACTOR or any subcontractor for each calendar day during which any workman is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said article. 19. Subcontracting. CONTRACTOR acknowledges that he is aware of the provisions of the "Subletting and Subcontracting Fair Practices Act' (Public Contract Code Section 4100 et. seq.) and that he agrees to comply with all applicable provisions thereof. If any part of the work to be done under this contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with Contract. Upon request, certified copies of any or all subcontracts shall be furnished the DISTRICT. The subcontracting of any or all of the work to be done will in no way relieve the CONTRACTOR of any part of his responsibility under the Contract. Breach of any of the above provisions will be considered a violation of the Contract, and the DISTRICT may: cancel the Contract, assess the CONTRACTOR a penalty of not more than 10 percent of the subcontract involved, or cancel the contract and assess the penalty. All persons engaged in the work, including subcontractors, will be considered as employees of the CONTRACTOR. He will be held responsible for their work. The DISTRICT will deal directly with and make all payments to the CONTRACTOR. 20, Workers' Compensation. CONTRACTOR shall carry Workers' Compensation Insurance and require all subcontractors to carry Workers' Compensation Insurance as required by the Labor Code of the State of California. CONTRACTOR, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." 21. Drug -Free Work. CONTRACTOR agrees to provide a drug -free workplace in accordance with 24 CFR part 24, sub -part F. Under 24 CFR part 24 sub -part F., the CONTRACTOR will provide certification in writing that it will provide a drug -free workplace by: (a). Publicizing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contract - Public Works Page 4 workplace and specifying the action it will take against employees for violation of such prohibition; (b). Establish an ongoing drug -free awareness program to inform employees about- 1. Degrees of drug abuse in the workplace; 2. The policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; 4. The penalties which may be imposed on employees for drug abuse violations occurring in the workplace. (c). Making it a requirement that every employee to be engaged in the performance of the Contract be given a copy of the statement required by paragraph (a); (d). Notifying employees in the statement required by paragraph (a) that as a condition of employment under the Contract the employee will - 1. Abide by the term of the statement; and 2. Notify the employer in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. (e). Notify the DISTRICT in writing, within ten (10) calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employer of said convicted employee must provide notice, including conviction title, to the DISTRICT; (f). Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted - 1. Taking appropriate action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (g). Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). 22. Bonds. CONTRACTOR shall be required to post a labor and materials bond in the amount of $64,815.00 on District approved form. 23. CONTRACTOR'S Affidavit. This provision does not apply to this Contract. 24. CONTRACTOR'S Waiver. This provision does not apply to this Contract. 25. Notice to Proceed. No work shall begin until all bonds and insurance is on file and the Contract executed, at which time a Notice to Proceed will be given. 26. Termination. A. If CONTRACTOR should fail to comply with any of the provisions hereof, or in the event CONTRACTOR should become the subject of a proceeding under state or federal law for relief of debtors, or if CONTRACTOR makes an assignment for the benefit of creditors, DISTRICT shall have the right to hold CONTRACTOR in default and cancel this Contract in whole or in part. B. Should CONTRACTOR, at any time during the progress of the work, refuse or neglect to supply sufficient material or labor, or fail in compliance with any provision of this Contract, DISTRICT shall have the right, without prejudice to any other right or remedy it may have, to provide such materials and labor, or make good such deficiencies as DISTRICT may deem expedient after three (3) days notice in writing, delivered or mailed to CONTRACTOR at his last address on file with DISTRICT, and CONTRACTOR shall be liable for the cost and expense thereof which may be deducted by DISTRICT from any money that may be due CONTRACTOR. C. Without limiting any rights which DISTRICT may have by reason of any default by CONTRACTOR hereunder, DISTRICT reserves the right to terminate this Contract in whole or in part at its convenience. In such event DISTRICT shall compensate CONTRACTOR, . subject to deduction for previous payments (i) by reimbursing CONTRACTOR for all actual expenditures and costs incurred in performing under this Contract (ii) by reimbursing CONTRACTOR for all expenditures made and costs incurred with DISTRICT'S prior written approval in settling or discharging outstanding commitments entered into by CONTRACTOR in performing under this Contract and (iii) by paying CONTRACTOR as a profit, insofar as a profit is realized hereunder, an amount equal to the profit on the entire Contract estimated at the time of termination, multiplied by the percentage of completion of the work. In no event, however, will the compensation to CONTRACTOR exceed the total Contract price less payments previously made and less the Contract price of work not terminated. Upon receipt of any notice of termination, CONTRACTOR shall, unless the notice otherwise directs, (i) immediately discontinue the work and the placing of all orders and subcontracts in connection with this Contract, (ii) immediately cancel all existing orders and subcontracts made hereunder and (iii) immediately transfer to DISTRICT all materials, supplies, work -in- process, appliances, facilities, equipment, machinery and tools acquired by CONTRACTOR in connection with the performance of this Contract. 27. CONTRACTOR'S Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by DISTRICT for purposes of letting this Contract out to bid, will be accepted as an excuse for any failure or omission on the part of the CONTRACTOR to fulfill in every detail all requirements of said Contract, specifications, and plans. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time except as provided in Paragraph 28 of this Contract. 28. Damages /Extra Work Compensation. No claim for extra work or expense shall be payable unless brought to the DISTRICT's attention as soon as possible so the situation can be observed or documented. 29. Other Documents Included. This provision does not apply to this Contract. 30. Interpretation. In the event of any conflict, inconsistency or incongruity between the provisions of this contract and the provisions of any other document or amendments thereto, the provisions of this Contract shall control in all respects. 31. Deleted 32. Additional Costs. CONTRACTOR shall be responsible to reimburse the DISTRICT a sum equal to the expenses of administration and legal services required to be expended by the DISTRICT in processing Notices to Withhold, Stop Notices, or similar legal documents arising out of a failure of the CONTRACTOR to pay for labor or materials. Said obligation shall be provided for in the payment bond required by the CONTRACTOR. The DISTRICT shall further have the right to offset any such costs and expenses incurred by DISTRICT against any sums owing to CONTRACTOR under the agreement. 33. Insurance. CONTRACTOR shall provide proof of commercial general liability and workers' compensation insurance meeting DISTRICT requirements before starting the job. 34. Indemnification. CONTRACTOR and DISTRICT agree that DISTRICT should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the DISTRICT, except for liability attributable to the DISTRICT's active negligence. CONTRACTOR acknowledges that DISTRICT would not enter into this Agreement in the absence of this commitment from CONTRACTOR to indemnify and protect DISTRICT as set forth here. To the full extent permitted by law and excepting only the active negligence of DISTRICT, established by a court of competent jurisdiction or written agreement between the parties, CONTRACTOR shall defend, indemnify and hold harmless DISTRICT, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by DISTRICT, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of the Agreement. All obligations under this provision are to be paid by CONTRACTOR as incurred by DISTRICT. Without affecting the rights of DISTRICT under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless DISTRICT as set forth above for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the DISTRICT is shown to have been actively negligent and not in instances where CONTRACTOR is solely or partially at fault or in instances where DISTRICT's active negligence accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be for that portion or percentage of liability not attributable to the active negligence of DISTRICT as determined by written agreement between the parties or the findings of a court of competent jurisdiction. The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to DISTRICT, its employees and officials. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub -tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend DISTRICT as set forth herein is binding on the successors, assigns, or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 35. Permits. The CONTRACTOR other responsible public agencies all licenses necessary to complete the job. shall obtain from DISTRICT, County, State, or and permits, and pay all fees related thereto, 36. Assignment. No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the DISTRICT unless such assignment has had prior written approval and consent of the DISTRICT and the Surety. 37. Safety and Site Condition. CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust - palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 38. Utility Location. DISTRICT acknowledges its responsibilities with respect to locating facilities pursuant to California Government Code Section 4215. 39. Notices. The parties hereto agree that all formal notices required by this Agreement may be provided to the following persons at the following addresses by sending the same by certified or registered mail as follows: DISTRICT: Costa Mesa Sanitary District 628 E. 29th Street Costa Mesa, CA 92627 CONTRACTOR: Avram Electric 6954 Cottonwood Circle Corona, CA 92880 (951) 966 -4774 LOCAL CONTACT: Gheorghe Avram 40. Effect of Invaliditv. The invalidity in whole or in part of any provisions hereof shall not affect the validity of any other provision. 41. Gratuities. CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered or given any gratuities to DISTRICT'S employees, agents or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 42. Conflict of Interest. Contractor warrants that he has no blood or marriage relationship, and that he is not in any way associated with any architect, engineer or other preparer of the plans and specifications for this project. 43. Copeland "Anti- Kickback" Act. If applicable to this contract, CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each Contractor shall be prohibited from including, by any means, any person employed in the construction, completion or repair of any public work, to give up any part of the compensation to which he is otherwise entitled. 44. Final Closeout Agreement and Release of All Claims. Prior to filing the Notice of Completion the CONTRACTOR and DISTRICT shall execute and record a Final Closeout Agreement and Release of All Claims if so desired by DISTRICT. 45. Guarantees. A. Work; CONTRACTOR shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the DISTRICT and shall repair and replace any and all such Work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from date of acceptance, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. B. Materials; CONTRACTOR shall and hereby does guarantee all Materials for a lifetime after the date of acceptance of the Materials by the DISTRICT and shall repair and replace any and all such Materials, together with any other materials which may be displaced in so doing that may prove defective during the lifetime of the Materials, without expense whatsoever to the DISTRICT, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions within five (5) days after being notified in writing, the DISTRICT is hereby authorized to proceed to have the defects repaired and made good at the expense of the CONTRACTOR, who shall pay the cost and charges therefore immediately on demand. N I-dou 47. Job Progress. CONTRACTOR shall provide DISTRICT with a critical path progress report at least monthly. 48. Resolution of Claims. For all claims that are less than Three Hundred and Seventy Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Section 20104 et seq. (Article 1.5 — Resolution of Construction Claims) shall be followed. 49. Notice to Contractor of Claims. DISTRICT shall provide notice to Contractor upon receipt of any third -party claim related to the contract. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the date and year first above written. COSTA MESA SANITARY DISTRICT APPROVED AS TO FORM: Associate Counsel for District Name: Avram Electric Address: 6954 Cottonwood Circle Corona, CA 92880 By: Gheorghe Avram I S6 �� �p %'t C �c »J� ATTACHMENT A SCOPE OF WORK Contractor shall purchase and install a critically silenced 50 KVA standby diesel generator for the Costa Mesa Sanitary District (CMSD) Canyon Pumping Station located at 999 Wilson Street, Costa Mesa. CMSD has acquired an easement from the property owners at 2247 State Avenue and 2250 Canyon Drive for the location of the generator and conduit. Generator shall be Caterpillar, Cummins, or Kohler and meet the specifications shown on the plans. Related work, as shown on the plans, includes construction of a block retaining wall enclosure, house keeping concrete slab for the generator, trenching and installation of conduits, removal and replacement of asphalt paving on private property, removal and replacement of concrete paving in Canyon Drive right -of -way meeting the approval of the City of Costa Mesa, programming the generator and the existing CMSD SCADA system, and such other incidental work as may be required. Contractor shall provide a turnkey project that includes all labor, materials, equipment, parts, accessories, traffic control, obtaining permits, testing, start up, programming, etc., for a complete project whether or not all necessary items or descriptions are included in the plans or this scope of work, except District will provide the services of a survey crew to stake the retaining wall. Permit costs, if any, shall be reimbursed to contractor by District. Construction on private property shall meet the approval of the City of Costa Mesa Building Department and District, and construction in Canyon Drive right -of -way shall meet the approval of the City of Costa Mesa Engineering Division. The successful bidder shall begin acquiring all materials immediately after the contract is fully executed and shall complete the work in 21 calendar days after receiving the notice to proceed. _ AVRAM -1 OP ID: LG TE a ° CERTIFICATE OF LIABILITY INSURANCE 1 1/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BELOW. THIS CERTIFICATE FOF INSURANCE DOES NOT LCONSTTUT EXTEND CONTRACT BETW EN OT E ISSUING F INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. - IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. R SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Phone: 91 &784 -9793 NAME: - Builders Advantage Insurance Fax: 916 - 784-9799 PARI°NE SAC No: 107 Main Street EAQIL Roseville, CA 95678 A°oRESS: INSURED 6954 Cottonwood Circle Corona, CA 92880 REVISION NUMBER: COVERAGES CERTIFICATE NUMtStH: '- -"'- -- - - -- ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED CLAIMS. ACCORDANCE WITH THE POLICY PROVISIONS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ,_ POLICYEFF POLICY EXP LIMITS IN SR TYPE OF INSURANCE POLICY NUMBER MMID M 1,986,68 LTR EACNOCCURRENGE $ GENERAL LIABILRY X GL4099147 1111212013 1/1212614 PREMISES (Ea occurrence $ 58,08 A X COMMERCIAL GENERAL LIABILITY S 5,80 CWMB-01ADE OCCUR MED E%P fAnY One person) PERSONALS ADV INJURY E 1,1)09__00 - GENERAL AGGREGATE $ 2,000,00 — PRODUCTS- COMNOPAGG S 1,000,06 GENTAGGREGATEUMITAPPLIESPER $ X POLICY PRO- LOG COMBINED SINGLE LIMIT 1,000,00 AUTOMOBILE LIABILITY eaccldant $_._.. BA04aX*018$44 11113/2013 11113/2014 BODILY INJURY(Per person) $ B ANY AUTO LL AO�WNEO SCHEDULED BODILY INdURV (Per acdtle,d }; $ A X AUTOS PROPERTY DAMAGE $ X X AUTO NED Leer acddent HIRED AUTOS EACH OCCURRENCE $ 2,000,00 )( UMBRELLA LIAR X OCCUR AGGREGATE $ EBU066911152 1111212013 11/12/2014 D EXCESS UAe CLAIM &MADE WC STATLL OTr4 g DEG X RETENTIONS YKIRKERSCOMPENSATNIN Y HITS E.L EACH ACCIDENT $ _ AND EMPLOYERS LABILrrY 615 -2011 1210112012 1210112013 C p,y PROPRIETORPARMERIEXECUTJVEY❑ N/A .465- OFFICERRAEMBEREXCLUOEM E.L. DISEASE -EA EMPLOYE $ IMmdalmy in NH) If yes, describe untl E1.DISEASE- POLICY LIMO S DESCRIPTION % OF OPERATIONS below it DESCRPTION OF OPERAnON3I LOCATIONB(YEHICLES (ANeGM1 ACOR0101, AddiVOnal Remarks SCM1etlulq Smore apage l8 required) Costa Mesa Sanitary District is named additional insured Under the general liability policy per attached endorsement Re: 999 Wilson St., Costa Mesa Ca 92627 CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Costa Mesa Sanitary District AUTHORIZED REPRESENTATIVE 623 W 19th St. Costa Mesa, CA 92627,e John EBlinger n wrnon rnoonGATICIM All Anhfs reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD_ - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons) or Organization(s) Additional Insured : Locations of Covered operations: All persons or organizations as reqired by written contract Various with the insured. It is further agreed that this insurance shall be primary and non - contributory but only in the event of a named insured's sole negligence A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: Additional Insured Contractual Liability "Bodily injury" or "property damage" for which the additional insured(s) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. Finished Operations at Work "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed, or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization. Negligence of Additional Insured "Bodily injury" or "property damage" arising directly or indirectly out of the negligence of the additional insured(s). ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U156-0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard" if: a. you agreed to such waiver; b. the waiver is included as part of a written contractor lease; and c. such written contract or lease was executed prior to any loss to which this insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047 -0310 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. PAYMENT BOND BOND NO. 279575 Premium: $1,944.00 COSTA MESA SANITARY DISTRICT PAYMENT BOND (LABOR AND MATERIAL BOND) (District Contract) KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, COSTA MESA SANITARY DISTRICT, a California sanitary district, by minute order of the Board of Directors, adopted on November 12th. 2013 has awarded to Avram Electric 6954 Cottonwood Circle Corona, CA 92880 hereinafter designated as the "Principal', a contract for the work described as follows. #196 -B Canyon Pump Station Generator 999 Wilson Street, Costa Mesa, CA WHEREAS, said Principal is required by the provisions of said contract and of the Civil Code to furnish a bond in connection with said contract, as hereinafter set forth. NOW, THEREFORE, WE, the undersigned CONTRACTOR, as Principal and American Contractors Indemnity Company: 601 S. Figueroa, Street, Suite 1600, Los Angeles, CA 90017 (NAME AND ADDRESS OF SURETY) duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Costa Mesa Sanitary District, in the penal sum of Sixty Four Thousand Eight Hundred Fifteen and 00/100 Dollars ($ 64,815.00 ), said sum being not less than one hundred (100 %) percent of the estimated amount payable under the terms of the contract for which payment well and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that, if said Principal or his subcontractors, or the heirs, executors, administrators, successors or assigns thereof, shall fail to pay any of the persons named in Section 3181 of the Civil Code of the State i of California for any materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, then said Surety will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 3181 so as to give a right of action to them or their assigns in any suit brought upon the bond. Said bond shall be exonerated 35 days after the Notice of Completion is recorded unless any pending claim remains unresolved. Further, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond; and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the contract documents and/or of the work to be performed thereunder. All signatures shall be properly notarized and a properly authenticated power of attorney must be submitted. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day of November 2013 . CONTRACTOR: Avram Electric By 181 3h"Avram., r In accordance with the Contract described above, all bonds shall be issued by an admitted surety insurer and the District reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660. By signing below, Surety certifies that the bonds are issued by admitted surety. American tractors kyle -pity Company By: `r- Company epr sentative: Tony Clark; Attorney in Fact Colin R. Bur s, By is/ Associate Ai trict Counsel Alan. R. Bums, DistPict Counsel Costa Mes2 5anbry.Distftt POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Tony Clark, Bill Rapp, or Matthew Foster of Sacramento, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * * * ** *One Million * * * * * ** Dollars ($ * *1,000,000.00 ** ). This Power of Attorney shall expire - without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Reenlved, that tire President, any Vice - President, any Assistant Vice- President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf orthe Company subject to lire following provisions: Arrorney- in -Foer may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and constmction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as ifsigned by the President and sealed and chested by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power or attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:. - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals •o+�;ogJ.,, k' T *, 's State of California ' County of Los Angeles SS: d ,sea SU 0"', Daniel P. Aguilar, Vice President On 10th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S- Specialty Insurance Company who proved to Inc on the basis of satisfactory evidence 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(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal r - - u wawar CgMla{eNn * 1119E019 Signature ( Seal) (Seal) e: Noray LAngell CtlRmeY os Aopelev Count/ M Cantu.tx' tre= .132016 I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that die above and foregoing is a true and correct copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12th day of November , 2013 Corporate Seals n *ec. rona� ties auger' �aY i�i�,,y I Bond No. 279575 Jeannie Lec,VLstant Secretary o. Agency Na. 80.._ '^ .,` 'M �1Fp0.1 M.... ,if,.v "s$ inio CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On 11, Z /3 before me, Eugene Yuriy Kozlov -Notary Public ate Here Insert Name and Title of the Officer personally appeared Tony Clark Names) of Signer(s) EUGENE YURIY K02:L0� CObMt. #2006305 to y MOM s W . s ske�PU COUNTY ' � M Comm. fxP• �. 3, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi eal. Signature i Place Notary Seal Above Signature of Notary Public 11]2r f# , 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 Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name:_ ❑ Individual ❑ CorporateOfficer — ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder: Call ToibFree 1 -800- 876-6827 ITEM NO 16 Costa Mesa Sanitary District ....an Independent Special District Memorandum To: Board of Directors From: Scott Carroll, General Managg� Date: November 21. 2013 Subject: Finance Manager Position Summary The District's Finance Manager position is now vacant. On November 8, 2013, staff presented to the Board a plan to temporary fill this vacant position while attempts are made to permanently find a qualified person for this position. Below are some additional options for the Board to consider. Staff Recommendation That the Board of Directors give staff direction for filling the Finance Manager vacant position. Analysis Below are options to consider for filling the Finance Manager vacant position. Some of these options would require different actions than established in the District Handbook. The Board has the authority to adopt different procedures. 1. Hire consultant CBIZ to serve as Interim Finance Manager. CBIZ employee, Wendy Davis, would serve in this capacity. She has past experience serving as District Treasurer and she has institutional knowledge of District finances. She also has 24 years of experience in government accounting /finances. On the advice from District Counsel, staff recommends obtaining an opinion from the California Fair Political Practice Commission (FPPC) to resolve any conflict of interest issues between the Interim Finance Manager and District Treasurer before the District considers making a permanent appointment. However, it is not known how long it will take to receive such an opinion. If an opinion takes up to six months, the cost for an interim Finance Manager can be as much as $76,800. Additionally, the law is not yet effective allowing an FPPC opinion, but we expect it will be in place at the first of the year. 0 Protecting our community's health and the environment by providing solid waste and sewer collection services. www.crosdca.gov Board of Directors November 21, 2013 Paae 2 of 3 2. Hire a professional recruiting firm to find a qualified candidate for the position. This is expensive, up to $25,900, and can take a minimum of sixteen weeks to find the right candidates. While the firm is seeking qualified candidates, CBIZ would provide temporary and part time assistance with District finances. 3. Hire a California Society Municipal Finance Officers (CSMFO) retired annuitant. The District can hire a retired finance director to serve as Interim Finance Manager. The person cannot work more than 960 hours a year and the cost ranges from $75 to $80 an hour. While this person is serving on an interim basis, the District can intiate the recruiting process by hiring a recruiting firm or conducting a traditional recruiting process led by staff. 4. Consider the eligibility list of candidates from the last recruitment process. According to the District's Employee Handbook, Section 5.6.2, the eligibility list expires after six months unless the Personnel Manager extends. 5. Direct staff to conduct another recruiting process. This will include advertisement in professional journals and on the District's website, interview panels, background checks, etc. During the recruiting process, CBIZ would provide temporary and part time assistance with District finances. Strategic Plan Element & Goal This item complies with the objective and strategy of Strategic Element 5.0, Administrative Management, which states the following: 5.0 Administrative Management Objective: To create, maintain and implement policies and procedures to ensure sound management of the District. Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations. Legal Review District Counsel has tentatively reviewed the conflict of interest issues and is of the opinion that hiring CBIZ to perform these services on an interim basis would be lawful. Board of Directors November 21, 2013 Paae 3 of 3 Environmental Review Subject activity is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.). Section 15300.4 of CEQA allows an agency while establishing its own procedures "to list those specific activities which fall within each of the exempt classes', and the District has adopted "CEQA Guidelines and Implementing Procedures" that state on page 6 " "Projects" does not include .... C. Continuing administrative or maintenance activities." Financial Review The cost to hire CIBIZ to serve as Interim Finance Manager would be $38,400 for 40 hours a week for three months. CIBIZ hourly rate is $80.00 an hour. The cost to hire a professional recruiting firm ranges from $23,900 to $25,900. The cost to hire a CSMFO retired annuitant would be $38,400 for 20 hours a week for six months. The hourly rate for a retired annuitant is $75.00 to $80.00 an hour. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the November 21, 2013 Board of Directors regular meeting at District Headquarters and on District's website. Alternative Action 1. Direct staff to report back with more information.