Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Flo Systems, Inc. - 1990-05-21
1 L..�r✓ %.j I V I L01 V I %jY 11 V %.o'.,© - 3010 Floyd St. a Burbank, Caldomla 91504•2599 • (213) 849.7717 • FAX (818) 842.3217 FAXED DY rA TC t / go] /t+ i January 30, 1991 City of. Huntington 17371 Gothard Huntington Beach, Beach CA 926'f7 TI' ' Attention: 'Don Blackman Reference: Atl-inta Sewage Litt Station Maintenance Bond, Your Purr_hcae order #200401 Dear Blaekip, Per our telephone conversation, Flo -Systems would rather not spend the extra money to gat the bond. We would rather have the City of Huntington Beach keep our 10% retention 07000.00) for the required one year period. Since wR do a large amount of bitsiness with the City, we would have preferred not to have to go through this at all. However, we understand, rules are rules and we appreciate you trying to work with vs on this. Our undurstanding in that the one year period start date was November 5, 1990. Thank you for your Consideration to this matter, lice y, r ohn Krukowski, Service Manager JK%rmh APFROVMD AS TO FORKU GAIL BUTTON CIT T r By: Deputy City Ittorney 4 r. VU C1 n _ VV�orCA A� iA I� AVW I " %wP I %J I Lw/ Vkm�y If V %zAw A - 3010 Floyd V. a, Burbank, Callon;a 915M.2599 • (212) 845.7711 a FAX (878) 842.3217 19 December 1990 City of Huntington Beach, Corporation Yard 17371 Gothard Street Huntington Beach, CA 92647 Attentions Donald W. Ktaer, Maintenance Opevationeti hanager Res Atlanta Pump Station, Our job OK844 Dear Mr. Kissers 8na.toewd is the Declaration t•f Satielaction of Claims and the Certificate of Compliance form, Moq have a Performance and Supply Bond in place for this job and will leave it open until the warranty period of one year from completion of this project. Thank you. Sincerely, Millidm 'E. Mirabelli President pECURATION OF SAT'ISF . CTION OF C� 'LAI MS I , F1 -SYSTEMS INC.. _ _ ► state : Name o onl:rac Fr 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled MSC-296 and dated 11/05/90 0—' 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 Noticas to Withhold, which have been filed under the provisions of the statutf:s of the State of California: (if none, state 'NONE') declare under penalty of perjury that the foregoing is true and correct. Executed at Burbank, California _ on this 19th day of 'December �gna e u r e a f Contrac oc William E. Mirabelli, President Flo -Systems, Inc. 3010 Floyd Street Burbank, CA 91504 ��'��r i••�Wt�•.,���!�r �r �':� .,�.,�, a ''• •J� n City of Huntington Beach Department of Public Works P.O. Pox 190 Huntington Beach, California 92648 Attention: Suhject: Certification of Compliance with Title VII of tIn Clivil Rights Act and Equal Emplcy7nent Opportunity Act of 1972 Gentlemen: The undersigned, conttact.or an REM VAI' AND REPLACF►M oP U& EXISTING, SUBM6.RSIBLE SEWAGE PUMPS AND 0QUIPMLNT MSC-296 AT THw ATr,%1TA sewers LIFT STATION Protect Ro. Title hereby certifies that all laborer:, mechanics, apprentices., trainees, watchmen•and guards _mployed by him or by any subcontractor perform- ing work under the contract on the project have barn 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 MO -SYSTEM, INC. 3010 ELM S'1'rc::E'I' MRS" s CA 91504 WHEN RECORDED MAIL T0-. UITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntinvion Beech. Calif. 926aP .y1 10= '1177 CA J NOTICE OF COMPLETION RECORDED IN f1FfIL'IAL RECORD OF OnAWE C&UNTY. CA10001A 2.00 p. M. 0 E Pi121990 Q VREODADp MOTILE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to FLo, Systems, Inc., 3010 Floyd Stroet, Burbank. GA 9152 who was the company thereon for doing the follow•Ing work to -wit: Removal of the exiting submersible sewage pumps and appurtenant pining and mechanical electrical equipment, and for the replacement with two fixed rail submersible sewage pumps and appurtenant piping and mechanical electrical equipment at the Atlanta Avenue newer lift station. MSC-196. That said work was completed by said company according to plans and specifications and 'to the satisfactinro of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Cuuncil of the City of Huntington Beach at d regular meeting thereof held on December 3, 1990 That upoi said contract the American Mutorints Insurance Company was surety for the bond given by the sdid company as required by law. Dated at Huntington Beach, California, this 5th day of Decrvber , 19 90. t� ty Clerk and ex-o c4t1er of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA = County of Orange ss: City of Huntington Beach i I, CONNIE BROCKWAY, #.he duly aipointed and qualified City Clerk and ex-offirio Clerk of the City Council of the City of Huntington Beach, California do hereby certify undvi- pcnaity of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the OfFice of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 5th day of December 1=z datment is salelT for the official business of the City of Ruatlne`on beach, as conten- plated under Government Coda Roe. BIOS and should bo recorded lhve or cberio. , 1990 . ' 1 TTT. C 1 erc and ex- of c i IS C erk of the City Council of the City of Huntington Beach, California Y N ' �4Y J it At All 111110"i REQUEST FOR CITY COUNCIL, ACTION Oats Decamber 3, 1990 3ubmittad to: Mayor and City Council ,tP?JtOVZD BY CITY COUNC.I Z — 3t7 1 Submitted by: Michael T. Uberuaga, City Administrator Louis F. Sandoval, Director of Public Works +��� ..^.I'CY G4rkK Prap�red by:� " Subject: For the Removal and Replacement of the Existing Submersible S rage Pumps and Equipment at the Atltnta Sewage Lift Station - MSC•295. Consistent with Council Policy? IX1 Yes i j Now Policy or Exowtion hotimert of Issue, Recommendation, Analysis, : uttdinq Source, Alternative l.ertlons, Attachments: ; ram' ;TATEWKT OF ISSUE: Flo -Systems, Incorporated has completed the removal and replacement of existing sub�nersihle sewage pumps and equipment at Atlanta Sewage Lift Station. RECONKNOATIONS : Mw Accept the work completed by Flo -Systems, Incorporated at a find cost of 169,400.00, and instruct the City Clerk to file the Notice of Completion. ANALYSIS: The subject contract was awarded for the ec.',tract bid price of $69,400.00 plus 910,410.00 to cover anticipated contingencies foi a total cost of $796810.00. Below 1s listed a summary of thi components of the final cost. 1. 0•r1ginrl Contract Bid Price $69,400.00 2. Anticipated Change 0-flers None 3, Incidentals None Total Cost $69,400.00 FUNDING SOURCE: Sufficient funds of $110,000.00 are available in Sewer Fends Account E-SL-?W- 833-6-76-00. ALTMATIVE ACTION: Do not accept the work. Ro Ns I • II11i A FA r I. -- .JI�'lr,lr•.a+.r�.i.w�_...r .���rr rir.��r �+ ia�lYlr'-r41�ii� •fornance Bond and the Laoor and Materials mersible seweBe_pump/equipme:nt Atlanta ice. Dated BY: /% %� ��iii�• ti:tAsT.4aTs..�•I7.r73i711'�G1S�7^'57:3'SrZ6s75r'i uSa7L'f^: PIRMAMANCE SOND JUG, 19 Premium: L1.388.00A BOND MIJMRER3SM 760 084 00 ItyOW ALL MIN RT THEIR PRESENTS: LJ SYSTEMS, S .....5, INC. That .. „ heicinaller called Conlraclot. and AMERICAN MOTORISTS INSURANCE COMPANY V SIr►ly ht►ernal r called 50et,. are herd .11d Inrlt bdurd unto_........................................................................ CITY OF HUN71NGTDN BFA :H as Obliptat, hereinafter taller? Owner, in the ;mount of SIX"Y••0 ,N1,•.T7;OUSA';U_ FOUR HUNDRED AND 40/1QOk*_ Dorsals t>j .i9,400,00* .. 1• for the payment whereof Contractor and Surely hr,d thernsel.es. Iherr heirs. (Wulorl, admtnisdeters, successeri and assrens, jointly and severally, firmly by :nest prestnts. WHEREAS, Contractor has by written agreement daled .....,.....,.,.................................... 13..— entered into a contract with Owner for REMOVAL. OF THE EXISTING SUBMERSIBLE SEWAGE PUMPS AND FOR THE REPLACEMENT WITH TIRO FIXED RAIL SUBMERSIBLE SEWAGE PUMPS 6 PIPING A MECHANICAL ELECTRICAL EQUIPMENT AT THE ATLANTA AVE. SEWER LIFT STATION in aecerdsnct with dilwin/s and specifications prepared by .r�N. . r1fit (Mira Nil 1r41, blla am tNrett N/A which contract is by relertnce nacre a part h*Tte1• and is htitinallet rtletitd 'ti as the Contract. NOW, TiIENE ORE. YK CCMXr ON Or 71ES OkJOATION is such that, rt Contractor shall promptly and laithluay persorn said Contract, then this oblgatron shill be null and void; otherwise it Shall remain in full force and effect the Surety hereby waives nonce of any altelatrnr, or eztensan of time made by the Owner. Whenevt' C itractor shall be, and declared by Owner to be m default under the Contract. the Owner having performed Owner's obhparlions lh x'e-rtdtr, the Slarefy may promptly remedy the default, ter shalt promptly (1) Cu npicl. the Contract to accordance with its terns and conditions, er (1) Obt6111 a bd of bsds for completing the CexlltM in accordance rnil, its terms and conJitions, and upon determination by Surety o! the knttst responsible bidder, or, it trig Owner elects. upon dot_rmmatron tj the earner and the Surety jointly of the lowest retpa:srbfe b:ddar, arrange lot a Cartlracl between such brcdei and Owner, aria make available as Work yto " Dries (even thnagh there shou,d be A default or a sutCOSS10'1 Of defaults under the Contract or contracts of completion artarlgeC : -Jet MiLoaragraDh) sufficient tunas to pay the cost of Complefix less the balance at the contract price: but not etceeding, incl :rg Othrr costs and damagos for which the Surety fray be liable hereunder, the amount set forth in the first paragraph hereof The terry "bafaned of the ccntract price:' as used in MSS paragraph. shall mean the total amount payade by Owner to Contractor under the Contract and any amendments the•pto, foss the amount property pad by owner to Contractor. Any rthr unrer this bond must be instituted tmfore the exprat,m of two (2) years Iron the we tn which final payment under the Cottltact falls due. No right of aclan shall accrue On this bono to or for the use cl anv Person or corporaNun other than the Owner named nerein or the ?feint, IttecutotS, adounistrators or successors of Owner. irgned and sealed this ... .. .18.TH .._ .......................... dry of :NU Y.... ......... .... A. D. 19 90 101 the presence of: FLO Sl TEMS, INC. ...... JoanXT(Sell) : 1 CAIL HUTTON AMER MOTORIST I U CI ITT Deputy City ttnrney � DAVI ,. D AT i E CT Newest p y r Ar,l i1 ,��, C I�p f•1 ♦ r �rl,•.r F i . " •,L,i!a1 ��� �� �'��', ����Y''y'; i"''i� �r �'�"'1 Y�r r. � � � ',�rJ•1M1;-,�r'' i0 LAIDN AND MATERIAL PAYMENT BOND Klloti ALL MEN NY T111Sd PgliEllTt: BONG NUMBCR. 35M 760 0$4 00 PRFIIIUM-INCL. W/ PERF. BOND Thai, ,, F1.0 • S•YSTF.IS,, INC... as Principal, lereinsfirr called Principal, and AMERICAN MOTORISTS INSUFANCC COMPANY an Sultly, htttinalitr talltd Suitty, are held and firmly bound unto CITY,.O.F. HUNT,IROTON ,BfAQki.... Is Obliges, hereineflor called 0ltner, for the use and benefit of c!.rn::pis is hereinbelcw dt. ntc , in the imaunt of T}iIHTy •rpp.F, TJ'IOUS1tND SEVEN HUNDRED & NtJ' 100.1 Dollats ($ 34. 700. 00* 1, for Iht paE. whereof Principal and Surety bind themseltes, thtit hers, istcutirs, adminAliNots, successors and assigns, jointly and severally, „imty by Iltese Pr esents.,�E nS t�4 in REHOVQ a' 1 T�E E::�S IN�a��LMER49iSLE SEWAGE PUMPS & FOP THE'WFKAeF14E4. lt3$ %0"ner for WAGE PUMPS S P1I1ING & MECHANICAL ELECTRICAL EQUIPMENT AT �..TILXKRT'4'A'A�ESUBS�-�Pi'tifTSNATION actobrae@ w11n drrwinps asper•eilions prepared by ... ............. . (Htst Inert still saew. Ir14 and Ids MI) �,A .... . .. ................. . ............. wlleh rontuct Is by rtfertr.ce mMt a part hertol, and is IwOnalter referred to As the Contract. ' Now, TIImuoflL, THE eoNowax or im olt46tlTlmlt it such that 4 the Principal :hall promptly makt payment to all c+ainlanel as here• inaftet defined, for all labor and malerial used or reasonab!y required for use in the perlofmince of the Contract, then this obfigalioo shall be void, othewlse 11 shall remin in full force end effect, subject, however, la the following 4ofoiliot+s: Ill A claimant is defined os one having s direct contract with the Principal or wilt, a subtunlracfvr of the Principal for labor, material, or both, used of reasonably requited for use in the performance of the conlracf, tabor s Id material being construed to include that pall of visit?, kas, p+netl, light, heat, oil, gasoline, telephone st:vrce or rental of equipment dirttliy appficablo to the Contact. (2) the aboire•named Principal and Surety hereby jointly Ind severally agree with the Owner that every claimant as herein defined, who hot not been paid in tutt before the tspuillon of a period of vnely (901 days alter the date an which the last of such ttai•tanl's work or labor was done or performed, or materials here furnished uy such eltmant. may sue on Ihis bond for the use c: such claimant, prosecute the suit to final judgmont for such sun or suns as may be justly due claimant, and have execution thereon the Owner shalt wl be liable: for ve payment of any crsls it txpenses of any such suit. (3) go 41 or action shall be cornmenced hereunoer b► any claimant, cal t)t•less claimant, other than oat hiring a direcl contract with the Principal, shall have liven wtillen notice It any two of the h @lowing: The Principal, the Owner, or the Suttly above namtd, wtlhin nintfy 190) days alter such claimant did or pellormea the last of the walk of labs, or (urrished ft last of the m.lenals for erhicn said claim is,made, stating with sunslanital accuracy the arnount claimed and the same of the party to whoa: the milerials were furnished, or for whom the work or labor was done or performed. Such rwliee shall be served bf wading the saint by telisfered mid or cesUfied man, postage prepaid, in as envtlope aidressed to the P►hscilsa), Owner or Surety at any glare white in ohice it regularly tramlained for the ttinsiclion of b-rsmell. to ;ewrd In a,,,• asnrer in tehiz! fe;ai process mar to srnej ,u i-,C AM in Amur trio aloresaid protect is located, sire that such service need not he made by a public officer. 0) After the aspiration of one III tear following the dale on which Principal cased work on said Contract, it being inderslood, however. IMI if any limitation embodird in this baml is prohibited by any taw controlling the construction hereof such (imitation shall be deemed to be amended so as to be equal to tho minimum period of limrlation petmrltad by such law. Iel Other than In a state eovit of compelent jurisdiction in and ter the county or o;sar polrUtal subdivision of tht state in which tht ptoitet, a any out thertol, is siiuiled, or in .he United States District Ccat lot the drslrct in which the project, or any (earl Pertot, is shusfied, and real elsewhere, NI Tht amount of this bond shall be ttduced ty and In the ettent ct any payment or payments mad► to good faith hereunder, inciusivt of the payment oy Sorely of mechanics' films Phich way be bled of record against said improvement, whether or not claim for the amount of sxh lien Ise prestnled under and against this bond. Sip-0 and soled thls......1 FT city of J k 0, 19 90 1M pxesome of: FLO SYSTEMS, • INC._ .... ,.............................. . ., Dan . APPPCG,'ED AS TO F,a lg. AMERIrix GAIL HUTTON t3y CITY ATT DAVII) By: to a[& pe"WivMte lee/ lipWet er tie o*err ce*NI,a t '""'Udfluty City Attornor. Ml lyj r + r r >' �`: ' ',6'sw}.'l�F•` ;,,.311,,1 `,�, ,"I„ fir I1 '.e'' ' � g. :y a I 0 F. 0. 01�C CORNEY—I N--FACT I a,rftrimiete of t1r\ ta'trect. t l i F• Tt'R��Ttt�►f�'�TrT.ni1 •,�Y;—.,�^�(!'tt w+ r� 7' ( y w. :1, l .YpiNNM1'W.•eW_1tr!`�'.'.. :•.�.. , i.•. nar\•aY ,w x.„ .a\.,- w.. . , '{Q4�• n � 1, W AMAICAN MOTORISTS INSURANCE COMPANY Home Office- Long Grove, IL 60049 Nit i1Nle P MER OF ATiORNEY �..,..r► Know All Men By Them Prevents: That the American rti7oterists Insum;ce Company, a corporation organized and existing under the la%vs of the State of Illinois, and having its principal office in Long (',rove., Illinois, doe:, hereby appoint 0 9 a a* 0 0 "' 6 0 6 0. ' 0' 0 0 0 6 0 0 0' a' 0 0+ a' a 5 0 0 1.0 9 0 David Z. Noddle of Los Angeless California its true and lawful agent(s) onci attarney(s)-in-fact, to ►nake, execute, seal, and deliver during the period beginning with the elate of issuance of this power and ending DecemLVr 31 1990, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceads ONE Mr"LION DOLLARS t;�1,00O,000.UC)*+��**+�+�*'�***+►** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and delis.r any bond or widertaking which guarantees the payment c;r collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposeii, ass if the same had been duly executed aiid ockrow ledged by its regularly elected officers at its principal office in long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMEIFR 31, 1990 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1068 at long Grove, sll)nnis, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being In full force and efiect: 'WTED, That tha Chairman of the Swrd, the President, cr any Vice President, or their appointees de.Ignatod ii, writing and filyd with the Secretary, or the Secretary shall have the power and author ity to appoint agents amxi attomeys-in-fact, and to authorize them toexecute cn behalf of the Company, and attach the seal of :he Company thentto, bonds and undertakings, tecognizances, contracts of indemnity and other writings, obligatory In the nature thereof, and any such officers of :he Company may appoint age. its for accep►?nce of process." This Power of Attorney is signed, sealed and cenified by facsimile under and by authority of the following resolution adopt,-d b, the Exrcutive Committee of th,? Board of Directors of the company at a meeting duly called and hole on the 23rd clay of February, 1983. "VOTID. Tha: the signahue of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and Ned with the SecM4L.31, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, mi - be affixed by facsimile on any power of anomey or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors an rebriary• :1, 1988 and wiy such power so executed, sealed and certified with respect to any bond or undertaking to which it is ana:hed, shall continue to be valid and binding upon the Company." In Testimony Whereof the American Motosistsj nce Company as c fed this instrument t signed and its corporate seal to be affixed by its aut6rized officers, this _.__� day of rC i Atte" mW Certif{eth AMERICAN M07ORI57S INSURANCE COMPANY By R C. McCullough, Secretary J. S. Kemper, 41, Senior Vice President STATE OF ILLiNOIS COUNTY OF LAKE s>; I, Rose K. ka)ner, a Notary Public, do hereby certify that 1. S. Kemper, III and F. C. McCullough personally known to me to be the stun pertens whose names are respectively as Senior Vice President and Secretary of :he American Mo,onsts Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing Instrument appeared before me this day in person and severally acknowledged that they beingtheteunto duly authorized signed, sealed wit �t the cotporato seal and delivered the raid instrument as the free and voluntary act of said cogvration and as ttmir own free and voluntary act for the use's and purposes therein set forth, 3's . APPROVED AS To F01•iN: .. •: (` CAIL HUTTON My commisslo'•, expires: August 12,1"1 C NE" Rim iL R,aym% Nomy public FM634-s r-ee I 13y' PoawdAvorno y—Tvm Deputy C Att,orhnv t •iiMk� r� Sn "�• (S � � r � � r� I 1 +r i'• � 1 ��'�, J..AI'I �f �,�h 1 � f` 'l �' � `* �4 ski 1 1 F tii �rt� f . � �%�� +'� rwV •I � � �'7•i� 11��s 7 (E � . �' i�"j ~ ; it ' •✓.� . ,� ,y � ,� ,•,:, 7 , w' f��a ��,Py ��11 ' r' C ; \' y • �'. Wn: , V .�.,' �i a,.0 iR r M• 1`� i lr ` j A• l' �a .��f6 ,�,, PRINTED iN U.S.A. 04 N ;, ,, CITY OF HUNTING'r ON ROACH '�•�' 20110 MAIN STREET CALIFORNIA 9294E OFFICE OF THE CITY CLERK August 31, 1990 Flo Systems, Inc. 3010 Floyd Street Burbank, CA 91504 Attn: William E. Mirabelli RE: Construction of _—r•enioval and replacement of various equip!nent at the At anti Ave. Sewer Lift Station, � � , PROJECT MSC-?96 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 f--tin. The Declaration of Satisfaction of Claims and the Certificate of Compliance fonri MUST BE RETURNED TO THIS OFFICE Af'1ER THE PROJECT 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 cin release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your perfonnance bond does rat include specific wording for a one year warrar,t,y, then a rider or separate bond musi he submitted. Should you have any questions or concerns regarding the enclosures or items that must be an file in this office prior to release o: retention funds, please call Den Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance It"aphtme: 71442"Z27I r�J in ; A - :;�. 9 6 CITY FUKDZP CONSTRUCTION COl1'j"k ACT PVlW=N THA C1 "T OF HURTIW:MM BEACH AND rW SYSTEMS, INC. FOR THE KEWVAL OF THE EXISTING SUBlME I RLE SEW= VOWS AND APPLRTUtANT PIPING ARD ?t =MICAL ELECTRICAL NNIPMUT, AND FOR THE RIRPLACMM" WITH TWO FIXUD RAIL SUBK13tSIHLw4 SMA(M PUMPS AND APPURTSwANT PIPING AND MCHA111CAL $LEMICAL MUXPKMT AT Tills ATLANTA AVBIIUE SEMM LIFT STATIUM . . . . . . . . ...... k_t "WAR -TPO A Vr it m E 1'3 UE 27.tM'iLCx!tAT_�:P-! 29. sz�n 3 01 JJ.,,flv CITY FUNDED COWSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FLO SYSTEMS, INC. FOR THE REMOVA14 OF THE EXISTING SUBMERSJBLE SEWAGE PUMPS AND APPURTENANT PIPING AND MECHANICAL ELECTRICAL EQUIPMENT, AND FOR. THE REPLACEKENT WITH TWO FIXED RAIL SUBMERSIBLE SEWAGS PU14PS AND APPURTENANT PIPING AND MECHANICAL ELECTRICAL EQUIPMENT AT THE ATLANTA AVENUE SEWER LIFT STATION TH'S AGREEMENT is made ind entered into on this LSf day of , 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal cocporat;on of. the Slate of California, hereinafter referred to an "CITY," and FLO SYSTEMS, INC., a Californi4 corporation, hereinafter referred to as "CONTRACTOR." VIHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the removal of the existing submersible sewage pumps and appurtenant piping and mechanical electrical equipment, and for the replacement with two fixed rRil submersible sewage pumps and appurtenant piping and mechanical electrical equipment at the Atlauta Avenue sewer lift station in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promisejs and agreements hereinafter made and exchanged, the parties covenant and agree as follows: CONTRACTOR shall furnish, at its own expense. all labor, plans, tools, equipment, suppliers, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the Mature of the PROJECT, during its progress or prior to acceptance, from the action of the elementa, from any -1- unforeseen difficulties which may arise or 'e encountered in Lhe prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in cnnsequence of the suspenRion or discontinuance of work, except such as are herein expressly stipulated to be borne by CI17, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set ft>>:t2, in the accepted bid proposal. However; the total compensation to paid is to be computed on t:h3 basis of the units of work as it is actually performed, ire accordance with the stipulated prices named in '.he Bid 6heet(s), CONTRACTOR acknowl-adges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (au hereinafter defined), they location of the job site, and tho conditions under which the work iu to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include; A. This Agreement; 9. Bonds covering the work herein agre - 2 •- C. The CI'TY'S standard plans and Specifications and Rpecial contractual provisions, including those on file in the office of. the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of S�.andard sne��€a�i_Qnr�u�].Ss` }�Q. ,��oristrur�j D, published by Builder l e. 'dews, Inc,, 3055 Overland Avenue, Los Angeles, California 90039, and all amendments theretu, written and promulgated by the Southern California chaptdr of the American Public works Association and the Southern California District Associsted general Contractors of the California Joint Cr�operative Committee; E. Did documents including the Notice Inviting Bids, the Specirl Instructions to Bidders and the Contractor's Proposal (attachQd hereto as EYh=bit "A"); F. The particular plans, spec il:icattons, special provisions and addenda applicable to the PROJYM Anything mentioned in the Specifications ana not- indicated in the glans or indicated in the plans and not mentioned in the Specifications, shall be of like affect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whise decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and ezpense, Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of, the terms of said bid cc proposal which is in conflict herewith. -s- fit• ,� ,''� ` f ;.V •'� ? CI':Y agrees to 'pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, aubj,.vct to L,ny additions or deductions made, under th© provisions o: this Agrnoment or the Contract Cacuments, a stint of SIXTY --NINE THOUSAND FOUR HUNDRED rMLARS ($69,400.00), as set forth in the Contract Doeuma;tt3, to be paid as provided for in Sevtions 1, 6, 13 and 14 herein. ♦ vw v • AI M CONTRAc,rOR agrees to commerce the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ninety (90) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays ;provided for in Section 11 herein. 5. - 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 thinga neecessrry and incidental to the prosecution of its work in conformance with the programs schedule set forQ, in the Contract Documents, CONTRACTOR shall coordinates its work with the worm of all other: contractors, subcontractors and %CCITY forces working on the PROJECT, in a manner that w;..11 facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shad have complete control of the premis6: on which the work is to be performed and shall have the right to devide the -4- '11"•''• ��d ri�' 0''�1 "�, ', �� �•�� of • J 4,' I I�. .� _. syJ'�Jv'• time and order in which tho various portions of the work shall be perfor-ned and the priority of the work of other contractors, siibcontr+ectors and CITY Corces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. G .-CMKEfi CC`ITRACTOR shall adheres strictly to the plane and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within they scope of. the PROJECT as the DPW may regeeiree in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the wr;rk, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Shot'' the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downwarc: accordingly. 7. NQJ10E TQ PRQCgED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work -5- ,� �I. { �'� 7r $ `�"} IMF. �f ,1 •J.a, � I q' �`!� � � � 'fro i•i, W '.0 �' !� ,PA � '•a+ aye �' � �. tl fr�,.f. •�J'.II �. 1 M dua %:o unavailability of the job site, for any reason, relief to the i CONTRACTOR shall be limited to a time Extension equal U, the del,,j due tn such unavailability. CONTRACTOR shall, prior to entering upon the per.f.o-mance cf this Agreement, furnish the following bonds approved by the City Attorney: one in the amount of one hundred percent of the contract price to guarentee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of al?. claims for labor and materials furnished. The CONTRACTOR unconditionally guarantees all work done undev this Agreement including, but not limited to, any workmana'ip, installation, fabrication, material or structural facilitie.= conatructed. CONTRACTOR, within ten (10) days after noti.e by CITY of any defect in tha work, shall have the option to maker appropriate repairs or replace the defective item or items. Upon expiration of such tart !10) day period, CITY may then make vppropriate repair or replacement at CONTRACTOR'S risk and expense. 10. 112DEPEL3D MT NT C.TOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insuran^e compensation, unemployment compensation and oth.,i payroll deductions for CONTRACTOR and its officers, agents and employees, and all business -6- aJ,PJ liceas+es, if any, in connection with the PROJECT. 11 . I&=I DAT11) J2AMOff9LLQF.LAYA It is agreed by the parties h.:rnto 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 is set forth in Section 4 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 are a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endea%or by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay: and CONTRACTOR agree:.i to pa} said damages herein provided, and further agrees that CXTY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of Cod 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 the DPW shall grant a further period of time prior to the date of final settlement of the Agreemeat), notify the -7- �» 1{.�,, Jib ` :,a , ••JJ '; ,. 'y + � 1 +Jeieh�.� ,��.�1L d', 1•», p},; 4iY 1,.. :'•���::�A�Jiltky'°�9i�L••1„ !7"""R''�°'^"T��w-4ACf�•'�N'� �7 �•'.{7`�����""d "��'��'�fiTi'�si.�, `eL��+• . �� � �., •.tip, .�� ��, ._Ly:� DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto, Should CONTRACTOR be delayed in the prosecution or completion of the work by the nct, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials requirod by this Agreement to be fitnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTORt is not responsible, or by the combined action of the worksrs, in nowise caused by or resulting from default or collusion on the part of CONTkACTOR, or In the event of a lockout by CITY, then the time herein fixed for the cc-,npleti.on of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a Claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of &uch delay. No claims for additicahl compensrtion or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. (1) Notice The CONTRACTOR shall promptl-.►, and before such conditions are disturbed, notify the DPW in *,!riting of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an -8- unusual nature, differing materially from those ordinarily encountered and generally recognized as Inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so Mi►fer and cause an increase or decrease in the time requires] for performs xe of any part of the work under this Agreement, whether or no: changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Tim—Ext_`'nslAw No claim cof the CONTRACTOR under this Section shall he allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, thn time prescribed therefor may be eztonded by CITY. 13. YANATION'S IN ESQ Ed nUANTITES The quantities listed in the bid schedule will not govern final Payment. payment to the CONTRACTOR will he made only for the actual quantities of contract items used in construction of tho PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of tha PROJECT are in variation to the quancities listed in the bid schedule. No claim by CONTRACTOR for an equitable o4juatment in price or tame for completion shall be allowed if asserted af!:er final payment under this Agreement. If the, quantity variation is such as to Cause an increase in the time necessary tor -9- Y 4, completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the Completion date as in its judgment the findings warrant. 14. PROCRES3 EAYMEN S Each month the DPW will make an astimate In writing of the work performed by CONTRACTOR and the value. thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments singe commencement of thn work, will be paid to CONTRACTOR. Whon CONTRACTOR has, in the judgment of the DPW, f.aith9ully executed fifty percent (50%) or more of the value of the work as determined from the bid s0he:dule, and if thR DPW finds that satisfaetocy progress has been and is being mode, the; CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed sinca the: commencement of the PRuJECT, as determined by DPW, less all previous payments and lees all previous retained amounts. The final. payment, if unencumbered, or any part thereof unencumbered, shall be made thirty --five (35) days after the acceptance of Chu work and the filing of a notice of Completion by CITY. Payments uhall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificatis signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. •-10- �.� MCI a ,Ak r`IY��y * f ., { t�l 41.11 � r t !� p !' �� �! LIw 4 i T�•,�rP� Y �r�r�',' I 1,; .'��, '„� �I�,����yfa �/!t`� f � 1 f �r, i�,k;S, f �u� i^j�V��• �,iM, {� r i I +f� v 1�f,, , �,.��1r {'h �9T •r•�i � � i � � v �'F, rf „i� ►5. 'T�_T IIELa QQNTUCT-EjN29. .jtjjSTITUTION Qf S&CURTTIE19 At: the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitutior. and deposit therewith of seritrities equivalent to the, amount of any monies withheld by CITY to ensure performance under Sactioi, 13 of thin Agreement. 16. AFP'YP=SEACTION U CLAIMS After the completion of the work contemplated by this Agreement, CONTRACT09 shall file with the DPW its affidavit stating that all workers end persona employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full ar.d that there are no claims outstanding agaii:st PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Noticen to Withhold which have been filed under tie provisions of the statutes of the State of California. ,i A row-VC-1 . The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising rut of thin Agreement. CONTRACTOR hazeLy agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, Costs and demands, however caused, including those resulting from death or lajury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save acid except those which arise out of the -11— active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all det"ense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all Costa or attorney's fees incurreA by CITY in enforcing this obligation. 19. V1QRKM.L-�: NSURM" Pursuant to �li%.rilia_T��SQd� §1961, CONTRACTOR acknowledges awareness of SacLion 3700 et seq, of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that: it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of nit lose than One Hundred Thousand Dollars ($1000000) bodily injury by accident, aach occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Tnsurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all tii..js incident hereto, on all operations to be performed hereunder, general liability Insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. -12- t i 14 • �ry j'1�,��� �, 9 R.: �.�:3�'?�,'iM4 4�'v' Sri � ��� �iy, �""•►��%'�R'. ' �1'L' � � �. � . ti fir• , �, �, ^' V CM h 44 aryq�pi'.` 1i y d r 'IT l 5 4 � Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall bo underwritten by insurance companies in forms satisfactory to CITC for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles dnd non --owned vehicles. Said insurance Lhall name the CITY, its officers, agents and employees and all pudic agencies as determined by the CITY as Additioaal Insureds. CONTRACTOR shall subkcribe for and maintain said insurance policies in full force and. effect during ti:-i life of this Agreement, in on amount of noL legs than One Million Dollars ($1,000,000) combined single limit coverage. If eDverage is provide4 under a form which includes a designated general aggregate limit, such limit shall be no lees than one Milliuv. Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall Ammediately notify CITY of any :mown depletion of limUs. CONTRACTOR shall require its insurer to waive Its subrogation rights against CITY and agrees to provide cortificatus evidencing the some. Prior to commencing performance of the work hat founder, CONTRACTOR shall furnish to CITY certificates of insurance subje4t to approval of the City Attorney evidencing the foregoing insurance coverages eb required by Sections 19 and 20 herein; said cartific:atpu shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not. be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and acc69ted by CITY. -13- ...W..._... r+�� YY�il\ X � j1 � a, •,i! -iy,� I.r.� ���� t' 1, S,' t � d �,I '�,r, T4'4a � r + •ylp, {�'r Y/+.�,�, ii ttt }�i y'i r ��� r 1� The requirement for carrying tine foregoing insurance shall not derugate from the proviNions ",)r indemnification of CITY by CONTRACTOR under Section 19 of this Agreements. CITY or its representative shall at all times have the right to demand t_he original or a copy of all said policies of insurance. CONTRACTOR she'll pay, in a piampt and timely mariner, the premiums (in all insurance hereinabove: required. A separate copy of ttie additional insured endorsement to each of CONTRACTOR I S insurance policies, namitig the I,ITY, its officers and empliyeas so Additional inst�reds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT ANDI -TUMA IT1 1 If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to-amplete the work within the time specified, or is adjudged a bankrupt or make.: an assignment for the benefit of creditors or becomes insolvent:, c,,, violates any proviszC-n of this Agreement or the Contract Documents, 'ITY may give notice in writ:,ng of its intention to terminate this Agreement. Unless the violation is cured within ten (16) day;i after such NoLic:e of Intention has been served OIL CONTRACTOR, CITY may, without nrejtlice 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 maze good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. M-EQ51 ION nF PLA EST1MA1Eq-A1 QMER DOC�Ut NTS CONTRACTOR agrees that upon completion of the work to bia performed hereunder, o-- upon earlier termination of this Agreement, -14- all original plans, specifications, drawings, reports, calculations, :naps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no ,further coat. 24, NOd: AM.GMB1L= 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. r M _ v' • 111904 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 Qbl.ifgr 3n a ggyarn=nt Cgd2l sections 1090 at seq. CITY shall be entitled to recover from CONTRACTOR its reaseinable administrative and attorney's fees, Costs and necessary diaburaements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY mas, charge an administrative fee of One -Hundred Dollars ($3.00) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost: or expense so incitrred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. 1MMIQRATr0Z CCNTRACM shall. be responsihle for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.I.Q. S1334a -Is- 41, *1, • ' V.J 1 M'1 Y �r Iiivi �•• regarAinr, employment verification, uL'l Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery) t,) CONTRACT0:R or to CITY'S Director of Public works, as the situation anal) warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the some in the United States Postal Services, uddressed as follows; TO CITY; Mr. Louis Sandoval Director of public Works CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 29. CAPTIONS TO CONTRACTOR Nr. William E. Mirabolli President FLO SYSTEMS, INC. 3010 Floyd Street Burbank, CA 91504 Captions of the Sections of this Agreement are f.)r convenience and reference only, and the words contained therein shall in no wax be held to explain, modify, amplify or aid 4.n the interpretation, construction or moaning of Lhe provisions of this Agreement, REST OF PAGE NOT USED -16- x IY ,��A tin %;,; a.• S 9 r e 3 0 . ENTIRE The foregoing representm the entire Agreement between the Parties. IN WITNESS WHEREOF, the partiea hereto have causes this Agreement to be executad by and through their authorized officers the day, month dad near first above written. FLO SYSTEMS,INC. a California corporation By: aWL L'ratzelli �, itdent — e. NYs: ►__ Its:___Q rRornta ,SA 'CP-r&- ATTEST: Caw" ity Clark 1/3i, 9 a - REVIEWED AND APPROVED: / I M C ty Administrator 6, CITY OF HUNTINGTON BEACH a municipal corporation of the S e of California Mayor APPROVED AS TO FOPJI: r City Attorney N'I4.-13- o ifs F• z7� INITIATED �L) APPROVED: I 151recto of Publie Works -17- b-'.g..t - s w _ OBlio/�ti _ NK1aM Gawranu ALvoc. No. Gal THIS CERTIFICATr IS ISSUED A$ A KWFA OF w fILdY Arm9 N=, NO ROOM UPON THCERTIFICATE HOLDER. THfMCNCAOTIE EXTEND OR ALTF9 THE COVEKWE AFFORDED BY T4E POLICIES BELOW. 2733 North A' do Strffet Walnut Creek, C A 94596 _-- —"— COMPANIES AFFORDING COVERAGE LETTER A Royal insurance Company COMPANY B Zenith Insurance Company -- -- COMPANY �. U77WR --- - - -- — MA n ft In! Inc. 5 3010 Floyd StreM Btaftnk, CA 915W M - COMPANY E It f THIS IS TO CQRTIF'Y THAT THE POLICES IT tNSURANCE LISTED BELOW HAVE BEEN 19"D TO THC INBUFWD NAMED ABOVE FOR 7FIE MICY PERM MrAIW NOTWIT'HSTANIM ANY REDUM I ENT, TERMt OR CONDITIO►' OF ANY CONTRACT 011 OTHER DOCLIAENT WTH RESPECT TO WIiICH THIS CffdRTi1Gh MAY SE imic OR M'AY PEArAIN• THE INSURANCE AFFuRG:O BY THE POLR+IES DEWASED HEREIN IS ILSACt TO ALL THE T11:4, EXCLUa101I9 AND 0000TO M OF IAJCH 0XICIES. LOATIo GHOWN MAY HAVE MEN REDUCE!~ BY PAID CLAIMS. w�W TV" OF SIMI ums PouaY Maim (PDATE M D" a M (1# ) ALL LWM aMUALIuAmurr I - � GENERAL ADON GA71 I dOMMERCIAL I>ENENAL LIABILITY r OOLICT5100MNCP111 AWAFUTS A CLAIMS MADE OCCUR. PSP054710 03/01/90 0310l/91 PEhIONAI. I A01 AT"O MUM I _ owNiRA A coNTROWTORS PaC EACH OWURRFNCE A 1 _ FIRE DAMAGE (Dry aM MAN I _ _ N601CA1. EXPENOk-fAgeAAPr�sn1 I X ANY $WAD LUrf ` E X ALL OINNED AUTO! 40my A X �uls oO AUTOS PST057EDS 03/01/90 03101/91 IPwP"" I X HRM AUTOS SODILY URY n Nw.OWNio AUTOS ((PM pwd MAJ O I AIM UASLITY +RQPEf11Y DAMAGE SSCM uArIrY I ?: a'<''' ; ;' +i EACHOCCUFTAM ADOREOA A X PLA301098 &Vd1/90 031OV91 :a ' 2,000 I 2,000 OTHER THAN UMFELLA FON W21IIIIM1'I ObIME141SATION ITAI.ITORY _ B AMPOOSi3 03J01/90 03/011I 1,000 (EACH ASCWT)91 I - 1,000 OSEAN— MICYLFAM arrPLOW0 , UTAMIm — — --- I 1, (blbfJwfi--iACHEVPLOYI OWN APPROYED AS TO FORK1. GAIL HUT`PON T TY_— otteplrllal OP OPIMTKOKOCATkXMNEHICLUMMOIALITtw By (• � �� All optratif�nt orthe named Insured, including Atlanta Pump Station. • Deputy City AttOrnoy SHOULD AqY OF ITIE ABOVE DESCRIBED POLICIES DE CAMMLLIED SEFOAE THE CITY OF HUNTINGTON BEACH EXPIMTM DATE THEREOF, THE ISSUING COMPANY WILL ltISa111011as>t4 Attn.: Jerry Dilks MAIL DAYS WRITTEN NOTICE TO THE CERTIFCATe HOLDER NAMED TO THE 17371 tothard LEFT, IN City Yard 11641 Huntington Beslch, CA., 92647 Au IHII� ..ry � rN Y1. SAj1 7lhh +Y 1 � r 11 OL 10:96 '0818 9.12 9217 FLO SYSTEMS INC. 30f0 fkyd S^ i U'4fb * (A*dn frr 91504• (214849•Tll1 • % • 6i1 4S fAX (d I$) SQ-3217 MAILED: Yea - • IY'G - • �FAX# -7 .�+ FROM:_ vtirc�t.- TnM= i'AGE x ofPages EI:F:m� ; ..._.... I Itg01 A42 320 FLO SYSTEMS INC. OCT 27 1989 FULL RF.VT8V. 1Z (')I I.q A Mont 10 ..On SEP 26 1959 WL11.imum Mirabelli.,. presidint, jfjpfar,+Tina, a am stant, He submitted'` the followingpar ant m"U' - dated"A.AL U, 19531 'Precedes a=uajrecedes 'are 4,000,0 7 -Ao*qvntCw) -avaresso hi oh 5 floures. AgEby'l open o;d*e��10 years, Ac6ount mpatlefectory. credl,t -, . sxtvnd�;d to J 16W 6 fi 900fts jw6n a -xecured. basLa. X611ateral coraUts of all stoat*. Me In b in 4w ,&r 1 yes OveralUreldUans are 'd. X - f. .4'' r '"Alm L 3118=RY. HI 1AN r KIP ii=f ARMS CINQ V PRES 3 3f C C5 YOUNR Leis. �r-TOR( I �:'- TEE%51-C'E Incorrorated Colifornle Mar C nwsk aterted - 1977 b I i F i.�f..rapittl,atba.,.Lai oiaiaio by wate file 0764972. ZAN'.E MIRAI V;Francisco State .2961 with degirdia. 196.1-6 Q Q d 'AgL WILL IiLLI 938 t4ac AA b!R n ,Cc"nyp, Galclohdo M-19619-17 vice IL -U i r",, I 'proodent 0olneirt as Ana CA. -SON'Ifftorest. PHMP- 9 ARMSTR 144 a �*'her - 'bRafi * 1985. 1983-85 enpIo'ed by Fort 4URPI Gyr"'f"'a"yRand Corp as a scientist. Prior to 1966i or wtudervt;;e-de M" ,pfte to I angiri*;V a and PhD dagree' in chemistry from UnLV46rV1tV Of Q toA&aj-.-Bsrt A@ P�A S R, - 41 00, r Y0UN4_'Wb 1941.,f4rA Aa * i JOAN rn v h 4 -t, n nee 1979. 1965-79 omploy*d by Milton Roy Pump Co, Lus A ak*%, U. jFric;* -to 1;61% %k�-'Ilowasawife. AFFILr .10Yd-011*4F r "' *srtqAnt,,avr, located at captioned address. Started Oct- _. 1977. 41z,8M,nnd'%0 n Ml%bo Rix' �,ri partneris. Owns real axtati.in,the Burbank, X lira dr5omp4no.'%ii CA " ".' M Ti2a si'st' of lease nor*ment for property at C!Pt107 iddrestu.' Thmew, a a no, ra;hfew or endorsements. , V0 y 4.4, flu 0MATION. hp % 9/26/49 t rar� Id rk ctu 48 14; -�GntM44 of pumps C90%) used wamto'-woter.treatiiant "ter as pu" a ations. Itig*01lation c0htriActor of pumps (IOX). P! _% 0 da Has .. 450. accountw. , - Repr"en+* Fla-Sy6tcmui Dakotan, Iff- ei-'PWeM*o MAKamlin'o 'Saindorson. Sol.1% to r- adorn 1,..; Gov ornment .and ii Terri 0 Southern California, Clark* County, Nevada and Arizona. Pit •ft.. of 1 '17 inc1*dJhq of#icar*. L .TES: Lesson 19,000 -sq. ft. In 2 story 'concrete block building.;in good P 0 Industrial-** ti do streat. --�229) - - '; 093 RR ."s. BaK7c*. Stild10 City. - CA L I .� REQUEST FOR CITY COUNCIL ACTION oo,?6 40 Date -- APPROVED BY CITY COUNCIL Submitted to: Mayor and City Council Submitted ray: Michael T. Uberuaga, City Administrator Prepared by: Louis F . Sandoval, Director of Public Works ply L ;'ubject: For the Removal and Replacement of the Existing SubmRraible Sewage Pumlaa and EquipiM,rit : r. tho Atlanta Sewage Litt Station - MSC-296. Consistent with Council Policy? (x) Yee ( j New Policy or Exception Statement of issue, Recommendation, Aimlysis, Fundinq Source, Alternative Actions. Attechmwnts; t STATEMENT OF ISSUE: -,..�_....�.,.. Pursuant to City Council approval of April 2, 1990, bids were received April 25, 1990 for the removal and replacement of existing submersible sewage pumps and equipment at Atlanta Sewage Lift Station. RECOWNDATION Accept the low bid submitted by Flo -Systems, Inc. and authorize the Mayor and Oity Clerk to execute an appropriate contract in the. amount of $79.810.00 to cover contract cost of $69,400.00 and anticipated construction contingencies of $10,410.00 ANALYSIS: On April 2, 4,990 the City Council approved the plans and specifications for the removal and replacement of existing submersible sewage pumps and equipment at Atlanta Sewage Lift Station. Bids, as summarized below, were received ano opened on April 25, 1990. There were two (2) bids received for the subject project out of three (3) companies who picked up plans and specifications. 1. Flo -Systems, Inc. $69,400.00 2. RMS Construction, Inc. $89,500.00 The original estimate for the work was $95,000.03 and bids are considered to be satisfactory due to size of this prc jec t. FUNDING SOURCE: Based on the amount of a contract to Flo -Systems. Inc., the total estimated project cost are as follows. Contract cost $69,400.00 Anticipat�xd Change Orders (10%) $ 6,940.00 Incidentals, such as by pass pumping of sewage $ 3,470.00 TOTAL VI 0ji ? I JV,11 $79,810.00 J! Ire h :1 '111tinH �:� 'k no 4194 r= �f h A M1Y l�i l ��:� �Q r �' ' „�!t'•1r � ri���y{r;1�1,T1.2 p� �ry i .rye x � l � � r �� �r x �� i� t,,,J�,���t�,(x lx r�l�� �����1�� ', ��a, a� 1 Per" � '`•� .,�?���,�. :4y,'M1y P+�• � � .�%1 �xi'i' ��' � � �E�PI7'f4�l,�ka' �M'M1� P�•�%, I � �i� �� ��,; ,�.y � ,�.�� �'�� 1:,� �� 4� � ''^' � �i+�'+e .q 1T},f p..: .�.��.. � d'' :;V �" 1 ' '' �� � ��� � � �' �: ."• �7�1'�"�' pyi �.,�I� dM� , i��/'Cr i RQUEST FOR CITY COUNCIL AMON MSC-296 Page -2- Sufficient fund of $110,000.00 are available in Sewer Funds Account E-SL-,PW- 833-6-76-00, ALTERNATIVE ACTION: 1. Award a contract to an alternate bidder 2. ReJect all bids and forego project. LFS:DWK:bh ENGINEEA 15 ESTIMATE : - jQQQ,QQ, PRDJrCr ENGINEER Buckle d8 AND CC NUMBER; _CCr rj �796 Atl ZM SLatian ALCEIVLD BY: Txeasurso a a a0 BIDDERS NAME RANK TOTAL E I D AMOUNT .� i) FLO Systems, Inc. 2) CK (,instruction S 3) Construction, Inc. Aq rC0.00 ...... - $ t ..,r7 .77,7.7��..�•�-- h"' "N A dr"��'���'�'�1►�rrdai�,,yr'M,`R� ��l,�'i �.bi, � �;'�, � ��{'; "ir:rY��X;'" .� 5 -�J� ! . - I V of ti A Y' 1 r"d '• 15 hr Ir Vd M w,,,' d. • � I 1 e MEROHANTS BONDING Gomn.NY 3455 CAMINO nEI. FIIO SOUTH, SUITE 310, 3AN DIEGO, CA Sit 110a (619) 292.7172 , (b00) 524.2415 HID OR PROPOSAL BOND KNOW ALL MEN BY TASSE PRESENTS: That we, _„ Si Conatruction, Inc. (hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPANY (Mutual), a corporation organized and doing buniness under and by virture of ts"e laws of the State of Iowa and duly licensed for the purpose of making, guaranteeing or becoming sale surety upon bonds or undertakings required or authorized by the laws of the State of 0A3.i_fcrn± 1 r.m SURETY, are held and firmly bound unta CirY of Huntington Beach (hereinafter ailed .:he OBLIGEE) in the full sum of Ten Percen�o . t e Total -mount DOLLARS ($ 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of out successors and reaignh, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Its SUCH THAT, the above bounden PRINCIPAL is about to hand in and submit to the OBLIGES, a bid or proposal date April 25, 1990for: .Removgj of Existing Sewage Pumps and ReplacomenE Atlanta Avenue: Qewer Lift Station in accordance with the plans and spacifir'pions tiled in the ofCice of the OBLIGEE and under the nut.ice iuv.ting proposals therefor. NOW THEREFORE, if the bid or proposal of said PRINCIPAL shall be accepted and contract for such work be awarded to th(s PRINCIPAL thereupon by said OBLIGEE, and Bald PRINCIPAL stall enter into a contract and band for completion of said work as required by law, then this dbligatiotr shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, said PRINCIPAL and SURETY have caused these presents to be signed and sealed this 23rd day of __ Aprll 19 90 RMS Construction, Inc. PRINCIP BY: Merghants Bonaing .ampary (Mutual) SURETY BY: '� JeffrWEK Gr dd, Attorney -in -Fact. ''.��'F�?�1•,l I�� ��.�IV�J'�{��iyA♦h�'�y�pj y�i�r. ALAI �, cvl; /,.. � 'aid •r_u'P'r^: � 1y ��i ' a 1 i �1A, J k yr♦fn i 1�1% � r , +� t ,P� h � , ,."F, ,1 y � ir...i.i.�4....r...Y .w'�r :. �..:,; r..: ,,�. •..•,.rr'+•+,-.ti.r:a• a.w MERCHANTS BONDING COMPANY - MUTUAL --- DFS MOINES, IOWA POWER OF ATTORNEY Know AN Man 9/ Theme Piesenla, I ml Via MERr KONTS BONOINn COMPANY (Mutual), a awporoW dully wpnUod urder this laws of the Slate of Iowa, end having Its prindaal orlbs in Mix Jy of ties Moines, County of Palk. Slate of krwa, high H adC ornalWad and appOV"W, a•Id dart by these Praiser" nraks, r>orublfule end appttirtl Jeanette A. Federico, and Jeffrey R. Gryde elf Grange and 6lalo of California Its true and lawful Ailonwyln•Pecl. with lull power end aluev ty hereby conlened in Nis name, plow and Moad, to spit, aaacwe, a t7ovledge and deriwr in As behalf as surety: Any and all bon& and undertakings in its normal course of business, provided no one bond or undertaking shall exceed the sum of Vivo Hundred Thousand dollars and 00/100 0500,000) and M bend the MERCHANTS BONDING COMPANY (Mutual) tNtoby as lolly and to the same extant as M sui.'h bond of undertaking was signed by M» duly suou nlsr oHrdars of lira MERCHANTS BONDING COMPANY (Mufusl), and oil the sc(s of said Aflurney, pursuant la Iris aueromy herimo givoin, are hereby tabhad and eonfimwd. This Power•M•Allorneyy is made and executed putsuani to srid by autfroriry of the following By -Laws adV ed by this Board of Diiaetixt of the MEACIOIWIS BONDING COMPANY ;Mutual). ARTICLE 2, SECTION 6A. ••- The Chairman of Zo Board W Flilsidanl of Any Vt011 President of Secrelary shall have powat and outhonly to appdni Attarnap-in•Irratt, and 10 aultl &zo ihbm to axecute on behalf of (116 Company, and attach ;he seal of the Corrwany Iherelco, b bride afb tXidef lakkigs. toMf -lances, conlimob of r4emnity and other wrilings ObNga!ory in the nature itmeal ARTICLE 2. GECTION 68. — The "lure 01 any authorized o" cor and the Sea) of the Company may be Mixer; by lat:"sa Ili My 1 owir of Attorney rx Certification thereof cull mzuig the nxeculx)n and delivery of any bond, underiskiog. or other wretyship otriigalols of 9% Company, s,nd suai signature and seat whan so used shah have the same force and effect as though manually hared, In W tness Whereof. MERCHANTS BONDING CCNAPANY (Mutual) I'as caused torso rAesenls !o blued ny its Vice PrasIgB7am Executive Vice President, snd its corporate seal to be herelo allixed, lh,s day bth of y A.0 , I L Attest. Nell Pnntl•,+, STATE OF IOWA COUNTY OF POLK w MEACHANt S 9otoFost�IftY (mutual) A � or ' •ia lt�• at•••�r..... On this bth day of July rb •d 87 . before the ippeared M J. lorq o ROdnsy 11,145 III, to Me pat3mlilly kfc*n, who being Wme duty swom did may that they are Vtoe President and Exea,tive VKV Presidert fespectivefy of the MERCHANTS BONDING COMPANY (Mutual), lies corporation dascribed in the loregoing insirunlrnl, Dial the; pie 5081 slfixed to the said Insfn,menl is ffie, Corporate Mal of the said CbrporAbbn and that the Laid rnlloitnenl was signed and sealed In behalf of said Corpotalon by authority of its Board of RrrWorni. In Testimony V1 wiaol, I t•,ave hereunto set my hand and attired my Otliaal Seal, at the City of Des MOineb, Iowa ilia day and year hrst above wntlen. .••,...•tee. .•.�+". • IOWA • m at �will STATE OF IOWA '• R I Av- •' COUNTY OF POI-K .s. rest........ I, M.J. Leap, Vice PresldK+1 of 11re ME"ANTS BONDING COMPANY (Mi,lual), do bregoing It a true and coned copy of he BOWER OF ATTORNEY, executed by COMPANY (Mufwf), uvtrch is stirs In brow and o4sci Ili V1h %o Whwooi, I have herel'a+q Fsl my hand and siPixod the seal of the Cagnny. at us 23rd days April 1p, 90 r* voawell anorney axone Until Revoked 44-W - Awery A.o•e, fth co.wirr br., all • b wr.,. m 6 W.. 9.4.89 . abort and AMEERICAN i4C]TORISTS INSURANCE COMPANY 3SM 691 549 00 PID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Wi FLO-SYSTEMS, INC. AS PRINCIPI.L, AND THTE AMERICAN MOTORISTS INSURANCE COMPANY, A CORPGRATION ORGANIZED AND EXISTING UNDER THE LAW.9 OF' THE STATE OF I I.L 1 NOI S , AND AUTHORI7,ED TO d0 EsU8.NE,1i8 IN THE STATE OF CALIFORNIA AS SURETY, ARE HNIX AND FIRMLY BOUND UNTO CITY OF HUNTINGTON BEACH A8 0131 LGISE, IN THE SUM OF I f)% NOT TO EXCEED RIGHT THOUSAND & NO/ 1 00w 8,Ca0.00* DOLL49S, LAWFUL, MONEY OF THE UNITED STATES OF AMERICA, TO THE PAYMENT OF WHICH SUM WELL AND TRULY TO RE ^,ADE, THE PIINCIPAL ANTI SI)RETY BIND 'THEMSELVES, THEIR AND EACH OF THEIR HEIRS, EXECU'l'URS, ADMINISTHATORS, SUCCESSORS AND ASSIGNS, JOINTLY i*%ND SEVERALLY BY THESE PRESENTS. THE CONDITION OF 'PHIS OBLIGATION IS SU0E1, 'THAT, IF 'rit OHLIGEP. SHAI,I, AiAKF. ANY AWARD TO THE, PRINCIPAL, FUR' REMOUNT, AND RUPbAVEMPNT OF EQUIPMENT #MSC-296 BID DATE.:APR.IL 24, 1990 ACCORDING TO THE TERMS OF THE PROPOSAI. OR BID MADE; BY T11F PRINCIPAL. THEREFOR AND THE PRINCIPAL SIIALL DULY MADE At.m. ENTEN INTO A CONTRACT WITH THE: OBLIGER IN ACCORDANCE WITH THE TERMS OF SAID PROPOSAL, OR Bln AND AWARD AND :SHALL GIVE BOND FOR THE FAITHFUL PERFURMANCE THI0,R60F, WITH THE AMERICA,N Mil'I'1JNI3TS INSURANCE CCMPANY AS SURETY OR WITH OTHER SURETY OR SURETIES APPROVE.", BY THE OBLIGEE; OR IF THE YRINCIF?'.. SHALL, rat CASTE OF FAILURE SC TO DO, PAY Tt.; THE OBLIGEE THE DAMAGES WHICH THE OBLIGEE MAY SUFFER HY EII:ASON OF ,SUCH VAIL,URF, NOT EXCEa'CDING THE; PENALTY OF viIS DOND, 'fHENI THIS OBLIGAI'10N sliA)L BF, NULL AND VOID; OTHERWISE IT SHAIA, BE AND REMA)N IN FULL VOkC►; AND ) PFFYc"I'. F LO--SYSTEMS , INC, SlUN81), SCALED ?ND DATED April 20, 1990 BY: AMERTQA M RI S° ANCE COMPANY i E?Y:WILLIAN PITTS ATTORNEY IN FACT -ASE DIRECT ALI, CORRESPONDENCE TO: I JONES & ASSOCIATES tAGING GENERAL AGENTS O NO, FIGUEnOA ST. ANGELE'S, Cif 90041 ��5%-8191 Y � 71 4.* � y, II ,1'Y' J� , � •• i dr 4 'f I1, f! ���I �''�,Atl 11' 1. � t✓ � � I '.�ti' 1���� 1v ! I �p'Ly �IyAMn.Y 1�1 tµ��V' r ,, IJy !• , AMERICAN MOMRISTS INSURANCE COMPANY Maitre CKficv: Lott{ Grove, IL 60049 POOR CAE ArpRNEY �.f+ KnaO All Men By These Presents: Thar Ow A todcan motorists insurance Company, a corporation organized and existing under the laws of the State of Illinols, end having its principal office in Long Grove, Illinois, does hereby appoint • • + * •' * + • • • • • ` • • • • • • • * * + * * ++ • * * + • • • • •' «• • • • • William E. Pitts of Lae Angeles% California +I+F****�r+s****t***�t+►+ta+t+s its true and lawful agent(%) and attorney(s)-in•faci, to make, execute, ;eal, and deliver during the period betinnirig with the does of issuance of this,power and ending December 31, 1990, unless sooner revoked for and on Its behalf as surety, and is Its act wxi deed: Any and al,l bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOULUS ($500;000.00)* " €X+CFPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such band within the dollar limit of authority as set forth herein. This appointmew may be revoked at any time by the American Motorists Insurance Company. The execution ofsuch bonds and undertakings In pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents aftd purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois, THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which Is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full farce and e5ect: -VOi ED, That the Chairman of the Board. the Presldert, or any Vice President. or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authorly to appoint agents and anomeys-in-fact, and to autha:ize them to execute on bsrhalf of the Company, and anach the seal of the Company thereto, bands and undertakings, recognizance{, contracts of indemnity and otherwtitings, ob gator/ in the nature thereof, and any such officers of the Compainy may appoint agents for acceptance of process. - This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Ct: mminee of the Board of Directors of the Company at a meeting duly called and hull on the 23rd day of February, 1968: ,W)TED, That the signature of the Chairman of the Board, the President, any vice President, or their appointees designated in writing and filed with the Secretary, and th! signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed by facsimile on anv wer of attorney or bond executed pursuant to rc. olution adopted by the Executive Committee of the Board of Directors on Febr-iary 23,• 19t18 and any such -power so executed, sealed awl certified with respect to any bond or undertaking to which it 6 attached, shall continue to be valid and Minding upon the Company" In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to sign^d and itscorporste peal to be affixed by its authorized officers, this 1 4th day of De a h9X— ^, 19 . Attested and Certified: ,,•�� `.� AMERICAN A40TOR's IS INSURANCE COMPANY By F. C. McCullough, Secretary 1. S. Kemper, III, Senior Vice President STATE OF ILLINOIS COUNTY OF LAKE ss I, Rose K. Rayner, a Notary Public, do hereby cenify that I. S. Kemper, Ili and ..". C. McCullough personally known to o be the same persons whose names are respectively as Senior Nrire President and Sect etary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they boring thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free avd voluntary act for the uses and purposes therein set forth. ®R My commission expires: August 1 i, 1991 Row. K, ttafw. NOM PuMIC r FMA36.5 748 1M PRINTED IN U.S.A, ; nW of Anorney—Term I11'J J "fir% r , Y�y •� rr vs � ' f f 1 14 tdv� •"'�" itil�''� CHIT1MC1TKON . 1, Los S. McClain, Seeretary of the American Motorists Insurance Company, do hereby cartiF/ that tha attached Nwer of M" Baled on behalf of fifiYliaat E. F I Leg � �'eersra�*��r�a~tryst*wtte•�t�er�r�*ef�r���►�rsr��ti�a�srasr�'�iir '� Is a Inaa correct copy and that the same has been in ful I force and ;97slnce the date tharavf and is in full a . an the dam of this certiflem; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Bower of AURM as $Wkw Vice president and Secretary mprctively were oa the date of the execution of tt attached Power of Attorney the dul r aIscbed Sonia Vice president and Secretary of she American Motorists Insurance Company. IN TIMIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate teal of the American Motorists insur♦ Amm Company on this ».. day of Iry , 19 —. _ _ . _ , ' N � L t.« S. McClain, srcrwry 1W Power of Attorney limits the ins of those named therein to the bonds and undertakings specifically named therein, arxl they have no authodry to bind the Company except in" manner and to the extent herein stated. ran asFi fA'a t ra <, a �,�A'� 44 d r/ l7d,i! i a �`•, rid, ♦ �.j 1 ',✓F T f�^.iy 1;; 1�`�e' fy" h'o+d,�fAvL-; v ?'I ��,, tii}ire, �(1 vr�P,V.rt��v' M1/`i♦�;� �XI y y ` ♦ r r;r � +r_ ^mow• �� �,��r.�-..� - ♦ L / F- I 'J • ram,.' v vW •Tp1( /r ` .. \ �. ' _I� All . rM111y•T •. �'Iy , yf O 571 •� s': , • - • • • • - • •.,. µ��' 9[`y fin, r. - � �, � � "-r .��Lt1. �*�' ••�;_..�.. .,,� / ♦ ♦ _ • :',• • • ,•, ... •\� �tr- .�+7:. ':�-. .'j�•n •,� Sri •_ 1�t. .. - - _ S lY% ` I {r•1'y�.It`•`•.'p �'y�•a•`w l•J`iMW!t�•R^W- t�, i'3�- •_IL 14, - 40 •, ,y.• f • My • , ._.::..y' -, •:��-�:�Ce T;7�, �, _ �•�- 3 WGIMR12 SETIMM-6 Slackis MA AND CC NUMBRi WC ststion DIDDERf 14AIM IRM TmAL SILALOtMT 1) FM "tMo , Inc. 2) (X Oonatrwtlan 3) *6 Ckirwtvmtiont Inc. I Lit NSOUEST FOR CITY COUNCIL AC N Diu _ Aril 21C„1990 hd mMtw to; Mayor and City Council �f &*M%& ted by: Michael T. Uberuaga, City Administrator �r +; � �p P.WmMlby: Louis F. Sandoval, director of Public Wocka a ft: Fur The Rowval and Replacement of the 9xisti—,-�hmer and equipment at the Atlanta Sewage Lift Station - 111SC-296. cam ilftt with CoWW1 Policy? (XI Yee I ) New Poliay or Exception Somnot of 1 e , peoommundetion, Anelyeh, Funding Sods, Alternative Astute, Atzeah 0*11, MMM or 13W11t Plans and Specifications and Notice Inviting Sealed Did@ have been prepared by the raintenance Adainistration division of the Public works Department for the nooval arrd "placement of the two submersible sewer pumps and appurtenant equipment at the Atlanta Seger Lift Station. This station lifts up the sewage arriving at a low elevation and pugs it to a County gravity trunk mein in Atlanta Avenue, through which it is carried to other lines in the County xyatem to the orange County Treatment Plant. M 7 1 JJRtb ()H: Approve the Plana and Specifications and authorize the City Clerk to publish the Notice Inviting Sealed Bids. ANALYM The +subject contract will provide for the improvement of the existing sewer lift station by removing the two existing foul: inch (40) submersible sewage pumas and replacing them with two six inch (6") submersible seways lumps, together with new electrical equipment and appurterarnt piping; and by improving the structure wall coating and access covir. 7tw Atlanta Sewer gift Station is located northeast of Beach and Atlanta, and servee various oantributory residential and commercial areas out of Beach Boulevard and north and south of Atlanta Avenue; and the increased pup sizes will reduce running time for the pr_eent time as well as be able to handle future anticipated new discharges from an adjoining undeveloped commercial area fronting on Beach Boulevard. The program of rennovations aad lmpeov4ments of *'-1 City's thirty aewer lift stations is ongoing with Sewer Haintorwunc:e personnel perfo, o g the work on all but two stations which ante Atlanta and Algonquin which was I proveo ;wo years ago. The estimate for the project is $95#000.00. FWIW Soullim: The funding for the ph.:,)ject will be from the 1989-90 budgwt sager project funds, Acaount No. *-& lei-833-6-76-00, which was allocated $110400. Air7tWMi d7W AC'! M-. Do trot approve the project. "o 4M Cd /v%r a (, t"" �nU� CID 'h �+- l 06, NV ZD 01 El Iq 1 ai u3 AL13 • � I � u�l � � r / NOTICE INYITING SEALED BIDS MSC-296 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive bids for the reml.ival of the existing submersible sewage pumps and appurtenant piping and mechanical electrical equipment, and for the appurtenant piping and mechanical electrical equipment at the Atlanta Avenue Sewer Lift Station in the City of Huntington Beach, California in accordance with the plans and specifications and special pror:sions on file in the office of the Director of Public Works. Documents will be available on April 6, 1990. A charge of $35.00. not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK QUANTITY 1. Removal S Replacement of Enuipment Lump Stan In accordance with the provisions of Section 1773 of the Labor Code. the State of California, Director of the Department of Iniustrial Relations shall determine the general prevailing rate of wages, applicable to the wo.'; to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the city of Huntington Beach does not express or by Implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as be may deemed necessary or expedient by the Director of Public Works. N-1 MR �� Ir • 0,7 I.I r ."• i, v All bids will bu compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of public Works, Development Wing, 20.00 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of April 25 19900 and shall be opened ay a committee composed of the City C arc, the CrFy Attorney and Director of public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City• of Huntington Beach at their regular meeting to be held on Monday, the 21th of Mali1990, at tho hour of 7:30 p.m. in the City Council Chambers in th-Mvic Center or said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of May 211 1990. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beath, California this Aer11 2, 1990. ATTEST: Connie Brockwa y er c N•2 140T, . a Flo-n yetema •znc t'iM low 1b the ftx=vbIm lltyor w d City tioanvil, City of SX&ington D"Ci r, tklitwain z In oorpUmrM with the rot(ics invit irq me" proposals for the removal of the existing Submersible s WVO PWWO and appurtenant piping and modonical equipments and for the raplaoaarnt with two fixed rail sUmomible sawage pup and appurtenant piping and modw ~ical electrical aquipwnt at the mlanta Avenue Swor Lift Station. i haw" pcc>poM acid - to ehbar irft a contract to 9 rfePitt the work hrorein an dwmibed and to o fwrnieh the smterri&s ducefmo ato the plausm, apaei- flmmiane and apreiai Hoar the maid work axed to the mati.atwtion of aril m drrr oof tine Dirreolw of Public Nbcioa of meld City of Armtirqton 3"Ch, CaliMn-da. 'item oder:mig d has, exit aar+rptod nay bid from &W m>fx'xml-arctot, or mtorislum tt vqb mW bid Ampaitory, the bye-Umt rulm c r reWAa ices of which prohibit or, prajmt the PmAxacbor fm bid ftam eo9► -ru--tm—P MkIrr (r: arrb-orialmarf a Adh is wt: P+ooftraid ?yid Veit zy. or which pcwmt 4RW w'—ttact+or or eat Ub mn .tmbddditq t o +nW cm taraator wbo lode trot u" the fac4liUmm of ear accept bids fray dr thr+vu* each laid 4apaait arf. roc the ftmi*A;nq Ot all labor, ramtsriahr d **dp mmt, and ar all inei,�ntal KwIt no m"Sty to delivaar all the �an- - cjlata in place in strict can- foraaity with the p1mao mead fiaatian. &A medal , eq file it the office of the warsctw of public bricme City of . Wifoxraa, x Dwarmma mad mPvm to tom full pit: at: the follatinq unit primst to wirti • •� .�. /U: 1 17r AL AM W Or 1 UM t SON NUIP"m sixty-Ntn T o + A)Qd FU P-1 LWT ME dj. 69,400.0 I f ;A^ y j f '( ,yam •r{f }a�,}� IS L���l.",, r, 1111�• •r $69,400.00! r It is w =M=d and t mt the -W gn■e�tit es stro�aY in ON dfor�sgai prows' aatsdu7e as solely fbr the of fsoilitatirq the o��ot l and that the owdXactac's aorr�t�ti�o►��+�ll be 00vute. uQo�t t]�r of the quantities in the aarpleted woarkr Wwthsr they be =ce or 140a than those *AM hastiin at the mit prices bird in the pr,'roposal rdhsdu<:e. 112e L9RW ridarmear s the oontraot tAm limit al3attad for the Contract is g"aalandar days. If awuded the contract► tL-) un ersi+g ed berry spiss to sign said aont mt, acd &Xrdsh the necessary bards within tan (10) deys of the m azd of raid actr and to begin wwk within tan (10) days ftvm the date of appevael of the amtract , by the City of Huntington Beach, Caliiaacnia. The undersio*d ' has awained caref%dly the site Of the �k aantem0 ata�l plus oaf a bid Mull bcc miusiviad then i ftml tat the bbrWw has ic�lgeivd wd i* �,onlisti,r- fied as to the =Iditiaw to be ► as to ,tm CINZWbu r gmutyr srd amps of work to be pwf aped, tha qwi sties of arterials to. be AmAdudr WA as to the Of the ;zt1wealp pleas, r;WJ iontimar and the CIQ . -0 1 1 . _inq this pmpoaal is Bidders Aarid ($ 7.Q0�.00 ) ,00 .00 • NM= i Insert: the words "Cash," "cyc'tified Ch■*," cc wB dryer's bwdsm as the case way► be, in are mmmt equal to at lGaRt 10 p■=wt: of the total bid pricer ygvble td the City of Hmtir9tm Beach. dln urdersigrad ddposits the above nape ascuxity as a i*'1 9+titi + agrees that it shell be ibrfeited to the City of aztingtan Beach as liquidated dsages in ours this "oml is a=%Amd by the City and the unIaocsigned shall fait to amft a contract fcw doing said woack and, to f=dA good srd aifficlwt bowls im the fam set forth ir. the sWificatdcne w d oontraut docsseant 1 of the Cittyyr N:ith viosty satisfwt=Y to the City wit ma 10 days After the bidder has zwoolved written r6tior of the awad of tYis cmtrsctt ottw vies said severity. shell be reb and to the two r- signed. Liomwed in s000z*um with an act powiding for the rsgOf aarrtrset Lime m No.385732 _C10/A. William E. Mirabelli 8lgnW=e of kidder Placer of haeiclenoe U 10 FLnyd S t .. Darb snk , CA Dated this 20th day'of _. April � r 19 9Q Bi,ddw atoll signify receipt of all Addsacia has,. if arq►: AddetId No. Data PADDiVed Bidder Is 8i natae ski is rsqui.red to w4*ly the follsssring Wbmtim. PM4t4wAl sleds MW be attad sd if neorsawry. 1. Find Ines Flo•SZotems, Inc. 2. llddraws mto IE1o.Kd..S.r - Burbank, QA� _. 3. T&j6ptrwj (213)8 49- 7 711 4. T"w of filar-indiviMal, partMA4, or Ms fps on ...,.,� CCCw - "nisrd w der the lam of do at** of s C■1 ifornia 6, 11 rn License Wobers, 385732 C-10/A 7. List trim nwass wd oddresess of all i of ft fiaa cc =rocs and titles of all off lows of t#re =porati+ant William E. Mirabelli - President; John Krukowski - Treasurer, ,Jggn Yo t�Z Secretary 8. Mobeur of yous agmisnoe as a in mwtruftian Mork: 14 9. Lb t -`t lsest six projects complstiO as of reosnt dates CQ .`r GLM Cr Z Sunset Beach San. diet 46,154.3 7/89 132 2 90 US Navy Port Hueneme - CBC City of Huntington Beach 57,600.0 1/90 Triunfo County San Dist 1510/0 9189 San Luis Obispo County 9 89 10. List the rAue of the person who kugwcW the site of the poi VmW wank foot your films ^ - Jobe Kru_, kawski Mft of .ion: 11. If repeated by that City, the bidder s hiLU furnish a notarised firAmiail, st+atawnt, financial data, as other Lrdb rmsitim aid refer wma sufficiently vostg henaive to F=dt an aippraiaal of his oavent finw,cial oxisiti n. 17' Y f� ji 1,. ,. •�1, I , , ,', -, ,'. DESIGNATION OF SUBCONTAP.C' ORS in cmVliM= with the "&A"ttiM aid 1 Ynit PrO tio" AW b*&q Section 4100 -4113 of the Goyament 0o`1s of the WAto of Calift-nla, and any aes'dnMntr tionto, each bitldsrc shall set forth baloa the nmm and loostian of the plan of busirrere of each I ectmr, bo wwill perfor:w Wmk or latex Cr miler eearvice to the prdm Ww"traolrorin or about the onwtrootion of the wo* or iq=mmt in An mmint itt momme of m*4- U (1/2) of one paaroant (10) of the txIMS =*XaetM' a betal bid, aW stall furdw not forth the yortim of the WWk which will be dine by each Cn.1y am mid Q trom bw ft each part tan ' shlell be lined. If the oontrartor fails to tpeaity a eft mtrmtor for any portion of the Wm* to be performed under the contract, he shell )u deA to hme agmed to pwfmm mtmh portion hileeelf, and he shall not be penritted to wsboattract that pixt ion of the wont swept under the om-Aitiont h mWwLLtsr set fortis. subletting of ik - , traetiriq of &W p=tion of the `ark to which no sgt mrsitz ittlir we Mo* atmd in the original bid dill onW be petmi,ttsd in oases of Ph] Io as orgemy or ram"ity, &W there only after a firdiM zoom d to w rit jq as a }Poblio record of the 14gialative 304y of the owner. By eru*lesion of this propnal, the om*xact= 0w&jfiss: 1. That he is able to and arils, pelarfam the bmlmxe of all work wMehh in oavnere s in the shame Mtn rm listilv;. 2. TMt the City will be furnished copies of all subI=ntxeate enbed into and bonds fumed ad by far this pwisct. 1, , ryy/'• 44 � 1 � �* _ .. i'-`i,l'yrvi �.�p � t �• r ._�(�yi � r: } -G�i z,�F�l���i•.,�,i' -'/. , -n ■./� ': - •. i 7r , ' � , `.. `. jI. � 1 F• [ �i-Iy.' � +\ l�r,(+�,T �.'' 7�'. }} d y�: • ' 1--r�.a3_C �r' �}y'r��' r�1 1 y' ' f -� kA � N� i •+ - \r-r � h.�l //-vY '}+ � ir'7�`` ti �1,1�'�I.1 1 ry P1 r -J� , ti • .�. ���{ ich - 9, I. .or.._ Mkt Sell•�1-4r iA _ r'�S �� FOR-� �•� -+r. � 1�' #rr � 2�• ��• r �• .. -- .r•.rq• t• --1N� 1:- a '�iji�� ♦ _ u.Y. r {_ �. A r.• 1 !t ♦ �n ' _r� l,�F •-t� f 1 � 1' ���� t_ � y.Y ♦ l� r _ � .. • vc m 4 • • r P r, r .� r rr r ?'�+�r1 r•�_ r ! i �N '�t w i�a1J4� � j4'" �S l�=} ,i _ 1 �1 • '.. 1tifirr --yl� n'' �1.t1�'`�t�-�fiT..rrl`F�,L _h _!•��4•-K•,.I�:,��-. t i ' �Jv.rF� I t~ .I11 �Y ti'��p a• i r r�j+' --. irk- T• . '.p 1 r 1 ii� t }� ,r.{fit 5 'lot lox � � 1 r J � ,. r,� • •l � y � A��YW � � . rt ii J y�-�_ • �.� � � +y� �� k �� + IU?1 i+4� �- t r � �(•1�� 4.�I 1• ... � r fir` r ` ' ' 1��q� � � 1' < _ _ T�J.-J 1. •� - il...�:' ;.•y, ..1 r_re141�'.WYtifl:�i'.Ji. '..�', _ '.ci+M1l!'