HomeMy WebLinkAboutINSITUFORM SOUTHWEST - 1992-07-06M1 '•
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MAINTENANCE BOND Bald No. 132170924
HFAV rJFFrICE i HILADCLPHIA, PENNSYLVANIA
CO RY
KNOW ALL ME!•: BY THESE PRESENTS, that we INSIT'1FM't'M SOUTHWECT
718 SOUTH PRIMROSE AVENUC, HONROVIA, CA 91016
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as Frincipal, and RELIANCE INSURANLE COMPANY. a Pennsylvania corporation, as Surety, are hold and
firmly bound unto CITY OF HUdTINGTON BEACH, 2000 MAIN STREET, MiNTINGTON BEACH, CA 9264a
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' as Obligee, in the full and just sum of NINETY THOUSAND NINE HUNDRED NINETY AND N0/100----
...•....................------ ..------- .............. Dollars ($ 90,99o.Oo �.
;r for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administra-
tors, successorb and assigns, Jointly and severally, firmly by these present.
`;- WHEREAS, the said Principal entered into a contract with CITY OF HUNTINGTON BEACh, CA
dated SEPTEMBER 10, 1991 for TOWNLOT SEWER REHABILITATION PROGRAM (SEWER LINING). CC-837
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WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of ONE (t) year(s) after approval of the final estimate on said job, by the awrer, against
p ali defects in workmanship and materials which may become apparent during said period, arrd
WHEREAS, the said contract has been competed, and was approved on
NOW, THEREFORE, THE CONl�IT'ON OF THIS OBLIGATION IS SUCH, that if within ONE year(s)
�.."•p''.'Ar{:' from the date of approval of the said contract, the work done under the terms of said contract shall disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall
" ' x'ri '• appear that defective r.iattrials were furnished thereunder, then this obligation shall remain in full force and
virtue, otherwise this instrument shall be void.
Signed and sealed this 14TH day of JAN'UARY 1'3 93 ,
�•�� Witness:
;.r;` W0. ;, Arl-110VED AS TO F'OFJU
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;a':. CAIr, 110TTON I
r CITY A9'i0ti My � Deputy C Attorno
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NfITUFORM S(/OUTHWEST
RELIANCE NS E COMPANY
C. '.�, JR Artor�py•i�•fr�ct
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MAINTENANCE BOND Bond No,/12170824
HEAD OFFICE, PHILADELPHIA, PENNSYL,VANIA
KNOW ALL MEN BY THESE PRESENTS, that we INSITUFORH SOUTHWEST
718 SOUTH PRIMROSE AVENUE, MONROVIA, CA 91016
as Prir>ripal, ,and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and
firmly bound unto CITY OF mmrINGTON BEACH, 200t1 MAIN STREET, HUNTIht;TOh BEI.C1, CA 92648
v Obligee, in the full and jus! sum of NINETY TWOUSANO NINE HU110REO NINETY AND tMi/100--•----------
---------------------- •----------•-----._.-_...-- Doljars, ($ go, 990.00 ),
for the payment of which sum, well and truly to be made, we bind ourselves, our hei ',. executors, administre-
turs, succ.•ssors and assigns, jointly and-%verally, firmly by these presents.
WHEREAS, the said Prine'-pal entered into a contract with CITY OF HU14TINGTON BEACH, CA
dated SEPTEMBER 10, 1492 Tor TOWNLOT SEWER REHABILITATION PROGRAM (SEWER LINING): CC-837
WHEREAS, said contract provides that the Principal will furnish a bond corditioned to guarantee
for the period of OhL (1) yrar(s) after approval of the final estimate un saii job, by the owner, against
all defects in workinanship and materials which may become apparent during said period, and
WHEREAS, the said contract nas been completed, and was approved on
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, mat if within oNE year(s)
from the date of approval of the scid contract, the work done under the terms of sal,i contract .;hall, disclose
poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or :t shall
appear that defective materials were furnished thereunder, then this obliy; tion stall remain in full force and
virtue, otherwise this instrument shall be void.
Signed and ssaled this :4TH day of JANU'.RY 19 93
W! t tress:
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S I TUFOF.1 SOJTHWES
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Frintlpal
RELIANCE INSUR CE COMPANY
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EnA {NIikSI, JR. Atturney•in-Fact
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I WAD OFFMI!, PHn.^DELPNM. PENNSYLVAML06 �{ j.
POWER OF ATTONNEY
id tirtdw 1rn frwa '9if RifI:.,�; ..
IDtCtiW ALL Ii1�1 AY ih+� !'f1E9f71i'.S,'r1ta1 Ns NMJN�ICE NiR{JR�VVr'X COf�lFAKsf. a vorfrr�.lkat tidy � Fswba w
rertrtaytranfbt doss r�+v rrak�. uor aftirfe artrt ari+pMYK amig gildt:'I, J. Joe M i.te, Dow] Ei. WLUiaw i H- PJI-ey
tk liiby, H. A. Wight, Jr., Pa*.riciA A. Pmuu, Midlatel D. Regan, E. J. PlnniSi, Ji:. 71Y!
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Michael b. Maitbox, s n ivi&ur lly, of Nashville, Temessee
rrrt and b,taltrt �aanrL+-rrr #.a w.t.�ar. a.�aurr., s..o ono a+wv.. o4..na on +r: r�.u. w.� ++a.a inn w�u any and all bonds
and and itakirr;s of Suretyship# — _
Quo Mo ISM X 94MMMCE CXX%VAW OWtI&V as 6" &W 0 Ow seer daUnt us V mvh bmidl and wndwultwWo 4nd anwr wrorve
eftfipo y in Rtr 1MMMw owns l acre &%p d by an Easo *M Moor of Rtr NEWP CiE VOR) AMM COMPANY and mW&d and aMw ,;d by pre altar
di awrsh alamm and how%-=S w &W amArwis tt/ OW hs add Auxna,Wn-FAW wuy do In pWraurr * PIVOI[
Ttda ft v1 AR&W to pnMW Wrdw 00 by SURI¢rltyr of Ardraa VM ul the dlbr4nwa of POLW C6 PdUMMM C"VAW aftilCil become
Rf1ildYa �'rallll�IbM �i ifl7f� t#ItiC�l prVll�iaM a11R IlflW f<'1 � tatOa arid sdaii; frardlrip as i
ARTICLE VN — EXECUTION OF DONOS ANo UWOF.RYMOMS
1. The fa wd of DweO ors, Via Pre,eidart"cwdhrlrtar of ow buo"L arty 8ankw Vim rrnkWOL any Via hsalsidrrw a Asuwnarrt Vkw 1'00r►dw
of eAlrar C40W daftiw "by tyre WWd of Dl *W" Mtad hfrir power end atrdWW IQ lay appaWK Aliwrieyt-in.Fina and to asrihdr t# MWIM b asiamrr e
CA b~ 0V 2W Ctt oear. bonds Old /MrMtddlt# L neoprtirar%mK eorwom of M dg Ennily end oww umaings t vWwy in a4e resAme St woof. and fbh
So rarratre ant malt Abi wnor-k~ sst my fbma and rauow live power a w a wo tly gkwi So him
iL Ana^tay An-Fasa slim how power WW aulirwttl, A40d to Vw flans and arriirattans of Ruh Pofter of a111010y maw" W rot b eni17rrle
astd def.rr an UallCfl n1 dts Owrrpe+ry bofvds rind toroorn or indamnay and~ wtAwm 7 obklleary in Rif rams a anrcral
The owponMa seat is Aet awrtlasoary for ow wel tfy +tl MW bonds And whowokit Qa, •wrpraxenow. donlrects of rttfrlrrrtlry �Ivd odwr .rr++rps obtigatorl
in ow nmw* owak
Y Awid flfrM hew powerr ttltd sir�taritt a ttturatrta aR7darfba rwuinsd a fsla atWdtod a bonds. � cilOrtKar>d d Irsdeln�
nirr or t;ratar afrfd k" obdpa wy u ncleraNnus snd limy shad aW baba powwr and avitsa fly oo corW r a o ouiro al aftawnerd Ol ww C4nVwV tied
Sam' ter do BM11Ywa of lr+t► Gorrrpa Iry or aeir acfcta or tardian fftarRof.
This pv~ of t ooffMy b atprrd and saw by tip -111 Is under and br evawrily M Va f **winq PAw. knion s0WAd by" Dowd of Direckwa of
Fft1ANce r dL'RIWCIE C 0WANY al a waedr twU on ew Sth day of Aker 1979. at which a quorum was prna4'iL erirt "W PosaWw" ,aa not been
smsnCad or rfprafed:
`Aca*rad. drab W nlyrwR w d auCh dWacft a and bflirrs'irs and an real of Vw Company n•.ay be GAMIl sa Oft such powerr'
of aliwnsy or a.ry, cerWcaft #WAWtp Owwdfb rs„r twmkrwie. Nrtd any rush Rower of Mummy of aarfrk'ate fi+srirg such
01-1 rt1e sipr.ewrM or Isra onde seal MmA W valid aM bkidir p upon am Contµany and any such porter so ene wed rrw
ear11fi1Kl by kKmkndr eiprw mom AM to c Oak Saul slash be r W aril L*WwV wort fie Conrpsny in she krwfe with Iedf.4�o
to my bond or undarh"V to W.Ach IS is mectwV
IN VkYfNM WlrtMdl . Wn 71EWfM MrSUW1NCE C OMPAh r has amug Vwmw pm --co a to be wgried by ns Vror Prswdml V4 as Corporate 0"
So ba naftla affieut ribs 7th 4* of Dctck=
REL&A14M COMP
i/� +� i-•fa►s.� tom•
�pr� r j rilri� pfC±itslnr _
STAT'c OF Farxylvartsra
COUNTY OF Rut &del phia se`
on the 7th day of 0Cb0►t r .19 91. pvsu11y apvf•r.d charleS B. SCtr alz
to am knmwn to be 04 Vine-PrisvkWd of we RN IAMB SCE GOMFAW. end acknOwtedpsd bias hs *xec stsd end *m&$ a tM sorsynirrq
ktstrwment and snuffed Ow rsM of said CCWPCYafort thfrew, aril that ArkU VR Secikm 1. 2. and A d Ow Bylaws of said Company anC em Rea w.
fort set k-ih me•sirr. are so In find kv a.
My t.ixtintiasiaiA F,0z 4f :3�.�
FL-brwiry 1 . itt93 + Nosey Public in and for Stan a Perm
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Residi+tp an Philacie].phia
I. Anita Zi peM . Xfipiifili NSURANCE CYAPANY, do fw eby cc" mat era atyave
and Irirepoinp is 2 !nsn and c mrert copy of a Power d Attomwy ELIANC$ WWkANC@ COMPANY. which m sun in Sum fordo and
eltect a .1
IN WITNESS '%I-VEACOF. I hsve hWcuneo set rrry rand and srst,iod S� ? ny thrs 14T� isay of W A Y
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2ECLARATION OF SATISFACTION OF CLAIMS
I, 'Xn*J I 4-Q4 r f'f 1 S-%W CS'4"_ , state:
—C5me of ContracEor)
y .1. I am the general contractor for the City of Hunting)
Beach, as tc the project more fully described in tho
public works contract entitled '•i■ &QO!G±�
and dated
2. All workers and persons employed, all .firms supplyfi
matorials, anc all subcontractcr, for the
above -mentioned groje•ft have been paid in fell.
3. The following are either disputed claims, or items J
connection with Notices to Withhold, which have beep
filed under the provisions of the statutes o+ the SI
of California: (if none, state "NONE")
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I declare under penalty of perjury that the foregoing is tru
and correct.
ocuted atcr�JRAV'`0.oa this da
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(Signature ~of Contr3ctnr
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City of Huntington Beach
Department of Public Works
P.O. Box 150
Huntington Beach, California 92648
Attnntson;
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and iqurl Employment Opportunity
Act of 1971
Gentlemen:
The undersignel, contractor on
Prolee-E NO, V Title
n &J) ---own 10+.
T, e-hoL }'
hereby certifies that all laborers, mechanics, apprentices, trairiPes,
watchmen and guards empinyed by him or by any subcontractor perform-
ing work under the contract on the project have been paid wages at
rates not less than those required by the contract provisions, and
that the work performed by each such laborer, mechanic, appronLice or
trainee conformed to the classi.f::.cations set forth in the contract or
training program provisions applicable to the wage rate paid.
Signature and Title—L.--�—LcLa—f k
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SECTION C
PROPOSAL
for the
TOWNLOT SEWER REHABLLITA17ON 1°'ROGRAIM
(LINNG Or EXISTING SEWED MAINS)
in
MAIN ST. PETWEEEN ADAMS AlrE. & LAMA AVE. AND 14TH ST.
BETWEEN IkMA AVE. & 13T'H AVE. AND AN ALLEY )SOUNDED BY
CI�`'R'rT AVE. & MAIN ST. AND 13TH ST.& 14TH ST.
CASH CON71tACT No. $37
in the
CITY OF IiUNTINGTON 3EACH
TO THE HONORABLE MA':OR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In complianoe with the Notice Inviting Sealed Bids, the undeersigmW hereby prop,ase,; and
agrees to perform all the work therein described, and to furnish all labor, material,
egwpment and incident insurance necessary therefor, in accordance with the plans and
specifications on file in the office of the City Engineer of the City of Huntington Beach. The
undersigned agrees to perfanr, the work therein to the satisfaction of and under the
supervision of the City Engineer of the City of Huntington Beach, and to enter into a
contact at the following pri,xs. The undersigned agrees to complete the wort within 30
working days including pipe delivery, starting from the date of the Notice to Proceed.
BIDDER declares tliat this proposal is based upon careful examination (if the work si!e,
plans, sWifications, Instructions to Bidders and all other contract documents. If this
propraW is accepted for award, BIDDER agrees to enter into a contract with AGENCY 4t
the unit and/or lump -.um prices set forth in the following Bid Schedule. BIDDER
understands that failure to enter into a contract it the manm;r a- d time prescribed will result
in forfeiture to AGENCY cf the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that tree estimated quantities
set forth in the Bid Schedule are solely for the purpose of comparing bids and thad final
compensation under the contract will be based upon the actual quantities of work
satisfactorily completed. THF. AGENCY RESERVES THE RIGHT TO DELEITB ANY
ITEM FROM THE CONTRP..CT. It is agreed that the unit and/or lump sum prices bid
include all appurtenant expenm- , taxes, royalties and fees, etc., and will be guaranteed for a
period of sixty days from the b►d of :ning date. If at such time the contract is not awarded,
the AGENCY wil reject all
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CITY OF HUNTINGTON BEACH
200O MAIN STREET P. O. BJX 190 CAUFORNIA 92648 �',,.,. • ,n+�r
Louis F. Sandoval Public Works Department
Director (714) 536-6431
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January 5, 1993 '`
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Insitu l orm Southwest
718 ,Primrose Southwest
Monrovia, CA 91016
abject: Requirements for Retention Release:
Lining of Existing Sewer, Phase I; CC-837
Gentlemen:
The following items must be filed with our City Clerk and City Attorney's Office before
the City can relieve lnsituform Southwesr from their contract obligation and release any
remaining retention funds.
Enclosed ai a extra forms. Please attend to these items as soon as possible, for they are
necessary in Completing this project:
1. A Warranty/Maintenance Bond guaranteeing the firla amount of work and materials
for one yec.r. Your performance band does not include specific wording for a
one-year v arranty; therefore, a separate bond is required and must submitted.
(Note: Yow one -,year time period will itart when all items are received and
approved.)
2. An -. fidavit stating that all workmen and persons employed, all firms suppl3hing
materials, and all subcontractors have been paid in full and that thet a are no
outstanding claims against this project,
! 3. A Certificate of Compliance form must be signed at the completion of work and
returned to this off,*ce.
Should you have any questions regarding these items, please call me at (714) 536- 5159.
Very truly yours,
i f
Steve riege�
Project Manager
SK:gd
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cc: -lay .lohnson, City Clerk's Office
Enclosures:
Certificate of Ccmpliance Form
Declaration of Satisfaction of Citims
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iY'Ar i
•' itC17V OF HUNTINGTON BEACH
+ ;• II4TER-DEPARTMENT COMMUNICATION
?�. HUNTINGTON MACH
To THOSE LISTED HEREON From
Subject IJ% R TENTION PAYhIENT Date
CC
AI) ViNIS T RATIVE SERVICES
Accounting do Recoi ds
L4?�c . 2 -5 1 Nct 2--
'rhe conformed copy of the Notice of Compietion for the above contract has been filed. The
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thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the 1054 retention payment !s ►'Ecommended so long as no stop notices or
outstanding invoices are on file with the City.
le
" DAN T. LLELLA +
I�1 Director of Finance
I certify !hat no stop notices are on file on the subject contract at this time.
Date: _ �-
LOUIS F. 4ANDOVAL t,
Public Wog a Director y`s
I certify that no stop notices are on file on the subject contract and that a guaranty bond
has been filed.
Date: /_4�� zjgre!�
CONNIE BROCKWAY
City- Clerk
I certify that There are no outstanding invoices on file.
0574J
Date: i�! rf/ t`.�r�•-
DONALD WATSON
City Treasurer
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WHEN R[crADED MAIL TO:
OP.C-F HUNTINGTON BEACH
o, —i-,-k Office of toe Lo.,! r I--
11. O. Boy 190
Hu0nPlon Belch, (:21if, 926AF
NOTICE OF COMPLETION
NOTICF IS HEPEBY GIVEN that the contract heretofore awardod by the City Council
W
the Ci try of Huntington Beach, California to insit.uform outhwest, 718 South
-• Primrose Ave., rk)nruvia, CA 91016.
who was the company they -con for doing the following wirk to -wit:
Townlot Serwar Rehabilitation Program Lining c-i Existing Seoer Mains, Phase 1, 0
. 4i
oa=: city of Huntington Beach
2001 Main Street
•
Huntington Effadh, CA 92648
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site: Main St. between Adam Ave. & Lonki Ave & 14th St. between Lorna Ave. & 13th
f
and an alley bounded by Crest Ave. & Main St. & 13th St. & 14th St.
Nature of Interests. Easement
That said work was completed by said company arcordi-g to plans and specification
and to the satisfaction of the City Engineer of the City of Huntington Beach and
uyvleted.
that by the City Coi-ncil the City Huntington Beach
S/ of of
said work wa accepted
at a regular meeting thereof held on Monday, December 8, 1992
.
That upon said contract the uliance InsurarK;p coripan X__
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 8th day of Dec--mber 199,
Connie Brockway
4,
-flty MR and —ex-officio Cl
of the City Council of the Ci
of Huntington Beach, Califorr
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BY: Aire-,
SlATE OF CALIFORNIA u ty
County of Orange ss:
City of Huntington Beach
I C01111 E BRO"Ir" 'AY th 0. u ly an, pc. i 11 t�a (3 --od tivaI i f ice: City CI I k a I J Lx - o f f is U
Clcrk of the City Council of the City of Vuitingtoi,i Beach California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF rOMPLLriopi is true
and correct, and that sai� NOTICE OF COMPLETION was duly and regularly ordered to
recorded in the Office of the C'unty Pm-cordtx rf Orange County by said City Courc
4
Dated at Huntington Beach, California, this Qth day of December
...... ... . ... .
Vais document is solely for the
official buL ness of the CityConnie Brockway
of Fuutin,!ton Beach, as contem-
Government Code City Cierk and ex-officio Cle
platsd under
of the City Council of the Ci
Soc. 6103 and shruld be recorded
of Huntington Beach, Cal ifto-n
fte6 of charge.
BY:
P -6 tly
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WHEN REc.1:1DED MAIL 10:
/;,;`, ;' •' ',..,' C �) n d RFCCRDED IN OFFICIAL rfFr� R05
OF ORANGE COUNTY, CALIFORNIA
ya. CITY i��t,';rr�Aroi� B t 0 twpi:rod with Original
e he CoCity Clerk 12:�n
'l7 ` 1
Box 190 DCr I 1 106Z
Ifu4nvAT Be.rch. C.11f. 9260 r•M
rr'��•i t.�
ti NOTICE OF COMPI.ETIOh ; "' j- .
`� Q. S��a:++ Recorder __--_- _--�
NOT
CE IS I EpEBY GIVEN that the contract he'•etofore aware , .1 ;,y the' City ty Counci 1 of —
.�y^�
the City of Huntington Beach, 4alifornia to In3ituform Southwest, 713 Scuth n!hN„r.a.4-7,11
Primrose A'e., t'ionrovia, CA 91016. n
_. --- — i3.T._T
who was the company thereon for doing the fol owing work to -wit: ��2-850(4� V
Townlot Saw►:r Rehabilitation Prcrgram - Lining of Existing SL"r Mains, ?tAse I, CC-B37:'
cwncr: City of Huntington heath
2000 Main btreet
11untingtcn HEach, C4 92.648
Site: `lain St. between tllarrra Ave. 6 Lm* Ave 6 14t!Y St. hetween I,Sw Ave. + 13t1t Ave. end
and :n 311oy ho rled by Crest Ave. 6 Main Et. s 13th St. i 140 S.. � -=� f� �1�Ate1�.tJU TjPcj
Nature of Int,3restt F."emant
That said -,wrk uas completf•d by said company according to plans and specificatinns
afd to the satisfaction of the City Engineer of the City of Huntington Beach and
that said work was/a corVp'?ddhy the City Council of the City of Iuntington Beach
at a regular meeting thereof held on Monday, Decwribrx 8, 1992 u Y
That upon said contact the REliame Insurance �v
was surety for the Bond givers by the said company as required by law.
Dated at Huntington Beach, California, this 8th r.ay uf• Decefrt>er , 1992 .
Connie Brockway
City Clerk and ex- n,fitio Clunk
of the City Ccincil of the City
of Huntingtor. Beach, California
11TAIE OF CALItURNIA )
Cccnty of Or!inge ) ,,,
City of Huntington Beach )
I,CU't`IiC BI+OC►WAY, the duly appointed and qualified City Clerk and ea-officin
Clerk of the City Council of the City of Huntington Brach, California do hereby
certify under penalty of perjury, that. the forel)oing NOTICE OF COMPLETION is true
and correct, and that said IiUTICE OF COMPLETIO:j was duly and regularly ordered to be
recorder' in the Office of the County Recorder of Orange Cuunty by said City Council.
Dated at Huntington Beach, California, this gtt day of Ie erli)er, 1992_.
This document is solely tar the
orricinl b+:stnoss of the City
or Huntin_ton Peach, as contem-
platee under Government Cody
�:'•,'s "
i Sae, rim and should be retcrdbd
r ..
Cornie Brockway
pity Clerk and ex-officio Clerk
of the City Council of the City
of Hun'-in]ton Beach, Calif(;rrlia
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�, �'�.r .II•. k, tiEVE , m FOR.
CITY
TY COUNCIL
ACTION
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Data: Dec. 7, 1992
subail.t ed Lo, Honorable Mayor and City Council.
Submitted by: MichaFl. T. uberuaga, C-4ty Administratora
Prepared by: .'.ouis F. Sando"tal, Director of PublJ c Works
Subjects TOWNLOT SEWER REHABMITATION PROGRAM/DING OF
EXISTING SEWER MAINS, PIIA►SE X; CC-1137
APPLOr$vHY CITY COUNCIr.
1
Coteiitent with Council policy? [x] Yes
Stet"wnt o I aae, f,�,ommerc'3tion, Hnelyeie, Fundir,q bourr�;�Y YT1!(tivR"a ,Attechmentos
l.nstituform Southwest, haE-ompteted construction of the Town.lot Sewer
Re -habilitation Program/Linr.ng of Existing Sewer Main:2, Phase 1, (CC-
83707), in the area around Main Street and lath Street.
RECQ "�JENDF ION:
Accept the improvements and authorize the City Clerk tc file tna Notice
of completion.
r Y ISM
On September 8, 1992, City Coun+:i.l awarded a contract, to Insituform
Southwest for the lining project. The construction cf these
improvements is ;:ow compiete per the a: proved plans and specifications.
Tae Director of Public Works recommends bcceptance cf the project and
requests that the Notice of Completion be filed by the City Clerk. The
following is a summary of the contract costs:
Council Approved Acj,.il E3:Vcnd,j.tures
Contract Amount $90,990.00 $84,868.00
Construction Change Orders __91099.00 _„ — 0.00
Total $100,CR4. 00 $84,868.00
Council approved $1oo,nS9.o0 fcr the construction of the project.
Actual expenditures amounted to $58,868.00 to complete the work, a
savings of $15,221.00 (15.2%).
w4ueSL .-,r Cji:y Council Action
item
Decemhnr 7, 19—?
Page ,-
R DING SDT JT 3_Cjv
Account number E-SL-PC-837--G-76-0
-A-C LIC ID N.
N/A
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'+' �;`:•. I have received the Faithful Performance Bond and the '.abor and Materials
bond for IrtiLLu 4Tr1. gujhwA&t, 'ruwnlot Sewer Rehabilitation Prarim — fining
t""' of Exis_ ngSewer Main— Phase I CC-837.
p',�• 1, : J , 1 .
on behalf of the Treasurer's Office.
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Dated
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Bond No. 82170722
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HEAD OFFICE. PHILADELPHIA. PEr,4r4,;v'LVANIA
PERFORMANCE BOND
The American !Pstituto of Architects, AIA Document A31 I February 1971DEditio.i.
that (Here lnWrt full t1afne atxl adolre5s or legal title cf Contractor)
KNOW ALL MEN BY THESE PRFSENTS
I NS I TUFORM SOUTHWEST
710 sourti PRIMROSE AV.
MM.WVIA, rA )IOIG
as Principal. hereinafter called Contractor, and, RELIANCE INSURANCE COMPArqY, a corporation of the State of Pennsylvania, with
its Head Cff;Leut Philadelphia, Pennsylvania, as Si orety, hereinafter calleel Surety, arc huld and firmly bound unto (Hero insert full narne
dix o-ire!- or legal title of Owned CI !Y OF HUNT I NGTON BEACH
2000 MIN STREFT
HUNT'INQTON BEACH, CA 92648
'4
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as Obligee, hereh-after called Owner, in thu;,mount Of NINETY THOUSAND NINE HUNDRED NINETY AND NO/100 ---------------------------
------------------------------------------------------ Dollars ($ 90,99().()0 !or the payment whereof Contractor
and Surety bind themselves, their heirs, executors, admioistrators, successors and dssigns, jointly and severally, firmly by thew rjre>ents.
Contractor has b written agreement dated SEPTEMBER
WHEREAS Centri 19 92 entered into a contract wish Owner for
INSIT8FORM 13� EWER
TOWNL T SEWERby
PROGRA14 (SEWER LININ3): CC-33;
y
in 3rcordance with Drarwings and Specifications prepaied by (Here insert full name are xldrmsor 1,)oal title of Architect) t
which contract is by refeie.,ce made a part hereof, and is hereinafter referred to as the Contract.
17"
NOW, THEREFORE, THE CONDITION OF THIS (IBLIGATION is such that, if Contractor shall promptly and faithfully perform
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said Ccntract, then this obligation shall be null and void- othemiso it shall , emain in full forc,�, and effect. 'Y
The Surety hereby wnives notice of any alteration or extension of time made by the Owner.
,L default under th�, Contract, itin, Owner having 0,vner's Whenever Contractor shall be, and declared by Owner to L, in do', I . . . . . .
obliq3tionj thereunder, the Surety may promptly remedy the default, or shall Promptly
11 Coi—Ame the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with its terms aria conditions, and upon duter(nifialicin by Surely
OT the lowest responsible bidder, or, if the Owner el`.cls, upon determination by the Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and Owner. and male available as Work progresses (N en though there should be a do
fault or a succession of defaults under he contract or contacts of completion arranged under this paragraphl sufficient funds to pay the ww.u,a
cast of completion less PIG balance of the contract price; but not exceeding, including other costs and dama
ge; aget for which the Sur-ity may
be liablo hereunder, the set forth in the first paragraph hereof. The term "balance of thr contract price," as uses in this pi-ragratih,
shall mean the tots! amount payable by Owner to Contractor tinder iho Contract and any ainenamcnis thereto, less the �Irnount properly 0,
paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the d,-.Ie on whichfinal payment under trip, A.
contract falls due.
4
No right of action stall accrue on this bond to or for the use of any pprsor, or corporation other tha,i the Owner narned hu. ern or
the heirs, executors, administrators or successors of Owner.
e.'
Signed and scalod this lG'H day cf SFPTEMVER 1992 n:
11,111TU11111 SOUTHWEST
(Sr N
Ile)
140110E 0- jERVICE ATIACHED
;(N?E SURANCE CF4P 4Y
POWER OF ATTORNEY ATTACHED
A
ACKNOWLEDGEMENT OF SURETYATTkCli:
tRthiY. I N -fACT
1. J. PENNiSl
Performanct? Bond '].PPP07ED AS TO FORM:
Revised to February. 11?70
GAIL HUTTON. City AtLo. ney
SH 5715,1K (1) Printed In U.5 k By - Deputy City Attorney
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BOND 032170722
HEAD OFFIZE, PHILAOkrLrsHIA, PENNSYLVANIA
LABOR AND MATERIAL PAYMENT BON[
The Amerlcen Imtituse of Anhrtects, AIA poc~t A311. Februwy 1970 Edition.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
.11 nI-X
KNO'',V ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
INSITUFOPM SOUTHWEST
"
718 SOUTH PRIMROSE AVENUE
MONROVIA, CA 91016
as Principal, hereinafter called Principal, and, RELIANCE INSURANCE COMPANY, a corporation of the State of Pennsylvania, w;eh
J its Head Office at Fhiladelphi:,. Pennsylvania, as Surety, hereinafter called Surety, are held oW firmly tound unto (Here insert full
name and address or legal title of Owner) CITY OF HUNTINGTON BEACH
1 2000 MAIN STREET
I IiUNT:NGTOH BEACtI, CA 92648
+„'
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as Obligee, hereinafter called Owner, for the us. and ben9fit of claimants as hereinhelow defined, in the amount of NINETY TIh7U.
AND
NINE. HUNDRED NINETY AND 1:3/100------------------------------------------------------- nollyrs (3 90 990.00
for the payment whereor• Principal and Surety bind themselves, their heirs, executors, administrators, successors ano assigns, jointly
snd severally, firmly by these presents.
i'rr'.;:REAS, Principal has by written agreernont dateo SEPTEMBER 19 92 , entered into a contract with
w,
Owner for I NS I TUFORM 1,3051 OF 8" SEWER
•'
! TOWNLOT SE4F.R RFHABILITATION PROGRAM (SOWER LIN1140): CC-837
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in accordance with Drawings and Soccifications prenaref by (H4n± insert full r►erre snd addrts; or legal title of Architect)
'
with contract is by reference made a part hereof, and is hereinaftv referred to as the Contract.
1A�• . .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is Principal
such that, if shall promptly make payment to all
claimants ss hereinafter defined, for all labor and material usW or reasonably required for use in the perform.3nce of th,, Contract,
then this obligation shall be void: otherw;se it shall rernain in full force and effect, subject. however, to the fatlorting conditions:
1. A claimant is defined as one haying a d;,rct contract with the Principal or with a Subcontractor of t•.e Principal for labor,
material, or troth, used or reasonably required for use in the performance of the Contrarn. labor and malarial being construed to in.
elude that part of water, gas, powrr, liaht, heat, ail, gasoline, telephone service or rental of equipment directly applicable to the
'I
Contract.
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�. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as heroin d.'firled,
who has not been paid in full before the ex iratinn of a period of ninet (90) day,
p { y y: after file date on whicft the last of sc•ch claimant's
v;
work or labor was dorm or performed, or materials wire furni9 ed by !.uch c.lairnant, may sue an this bond for the use of such claimant,
prosecute the suit to final judgment for such sum or ::urns as rkiy be justly dur, claimant. and have exeaition thereon. The Owner shall
not ne liable for the paymcnr o` any costs or ^ixpun5s of arq such suit.
ry p.
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3, No suit or aLlion shall be commenced hereunder by any claimant:
a) Unlet, claimant, other than one having a direct contract with the Principal, shall have rJivon written notice to any two of the
following: the Principal, the Owner, or the Surety above named, within ninety (90) days aftor such claimant did or perfrrrmed the last
of the work or labor, or lu►nishrxd the last of the materials for which said ciai n is mar!-, stating with substantial acu.racy the amount
ern i r E r r c(a cx, and the name of She party to whnrrf the meter als we a urnishrci, or to whom tcee work ur labor was dune or performed. Such
notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addrestad to the Principal,
Owner or Surety, at any place whet a an office is regularly maintained for the transaction of busirim, of served in eny manner in which
Iesq; l process may be seivud in the state in which the aforesaid project is located, save that such service need not be made by a public
officer.
a) After the expiration of one (t) year following the date on which Principal ceasud work on said Contract, it br,inq understoocr,
however, that if any limitation embodied in this bond is prohibited by any law Controlling the construction hereof suds Il►nitation shall
be deemod to be amendtxl so as to be equal to the minimum period of limitation permitted by sut:h law.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of I• state in which the
project, or any part thtrreof, is situated, or in the f..' iitad States 01strict Court for the distriv in which die project, or any part thereof,
is situated, and nc : e1w.,#hwe.
4. The amount of this bond shall by reduced by and to the extent of any payment or payments nude in good faith he, sunder, in-
clusive of the payme:it by Surety of mechanics' liens which (nay be filed of rowrd against said improvement, wh'attif r rr not claim for
the amount of such lien be presenteo under and against this Lond.
Signed and sealed this tuTH day of SEPTEMBER
(WitntTss►
�`�.. iwitrrru)
NOTICE OF SERVICE ATTACH!!?
POWER OF ATTORNEY ATTACli�O
ACKNOWLEDGEMENT OF SURETY ATTACHED
Lauer rer• j Niatcnat Payment L•�ond
PA'v;S&'J to February, 1970
SB 571Sax (21 Printed in U.S.A.
BOR•2304A — ED, 7.71
1992,
INSITUFORM SOUTHWES
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RELIANCE INSURANCE COWYANY
IL
E. J.ZNI;NN I S I , JR. A4turrftrywn•rrrct
T JCS 10 rore'd:1
}i'J : G.i, Ci t.;r Attorney
i;;:: U��aut:� f�ity- t,t:torrtey
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hCRNOWLE'DGEMENT OF SURETY
STATE OF TENNESSEE
COUNTY OF DAVIDSON
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Bond #B3170722
On this 10th day of September, 1992, before me personally cozies
E. J. Pennisi, Jr., Attorney -in -Fact: of Reliance Insurance Company,
with whom I am personally acquainted and who, being by me, Barbara
W. Alexander, says that he resides in Nashville, Davidson County,
Tennessee, that he is the Attorney -in --Fact of Reliance Insurance
Company, the company described in and which executed the within
instrument; that he knows the corporate seal of such company; and
that the seal affixed to the within instrument is such corporate
seal and that it is affixed by c,_d 3r of the board of directors of
said company, and that he signed the said instrument as Attorney -
in -Fact cf the saW company by lake order.
My commission expires May 28, 1995.
Barbara W. Alexander
Notary Public State at Large , ,.•„
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NOTXCJP-. OF SERVICE
RELIANCE INSURANCE COMPANY
FOUR PENN CENTER PLAZA
PHILADELPHIA, PA 19103
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MR. E. J. PENNISI, JR.
MARSH & MCLENNAN, INC.
P. 0. BOX 2545
7,1
LE, TN 3-219
HASHVIL615-269-8000
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RESIDENT AGENT:
MARSH & MCLENNAN, INC.
P. O. BOX 75055
LOS ANGELES, CA 90075-0055
213-380-1600
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RELIAN'CIE INSUE.A ACE COMPAN"y
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the REIJANGE INSURANCE COMPANY, a Corporation duly brganizr>tl unoer the laws of the State of
Pe•hnsylvania, does hereby make, constitute and appoint Craig SR1ith r J. Joe White, Donald E. William, H. Riley
Holliday, H. A. Wright, Jr., Patricia A. rAWro, M.iChael D. Rega11, E. J. Pennisi, Jr. and
Michael. B. M3ttox, individ•ally, of Mshville, T: Tlnvssce
Its true and lawful Attorney -in -Fact to miku, execute, seal and deliver for and on Ito behall. and as its act and deed any and all. bonds
and undertakings of Suretyship,
are btnd UM RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such ponds ant, undertakings and other writings
obligatory in the nature thereof ware signed by an Executive Off•cpr of the AELiANCC• INSURANCE COMPANh and sealed and sttem7d try One. other
of such officers. and hereby ra.ifres and confirms all Tut Its said Attorneys) -In -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article Vil of the fay -Laws of RELIANCE INSURANCE COMPANY which became
effective Sraplendser 7, 1P78, which provisions are now In lull force and effect reading as lol:ows
ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS
1. The Hoard of Directors, the President. the Chairman of pry Board, any Semen Vice President any Vice President or Assistant Vice Prsside++l
ter *that officer dasigrtaved by the Board of Diractorr shall have power and authority to (a) appoint Attorneys-rn-Fai:t and to authorize thtfn to execute
on behalf of a a Company, ihonds and undertakings, ►ec*pnirances. Contrticts of 400enrniry and other writings oblrgatvey in Oe nature tneteol, and (b)
to remove any such Aftorney•In-Fact at any time anC revoke the puw•er and autoority given to hlrr,.
i
2- Aaomeys-in-Fact shall have power and nuthnrity, subject to the terms and limitations of the power of attorney issue-d to them, to execute
and dal•ver on behalf of the Company, bonds and ur Jortakings, recognizances, Contracts of indemnity and other writng3 obligatofy in the nature thereof.
The corporate seal Is not necessary for the validity t I any bands and unoertakings• fe-CoQnizances. contract; of indemnity and other Nnrtings obligatory
In the nature *hereof.
i
S. Attorneys -in -Fan ihall have power " authority to execute afflrfavits required to be attrchsd to bonds, recognizances. contracts OI indam-
nity or other conditional or obligatory undettakinga and they shall also have power and authority to certify the financial statement of the Company and
to Copies Ul me By-LAw! of the Company or trey article or section thereol.
This porter of attorney is signed and sealed by facsimile under and by authoirty of the folfowierl Resolution a fopled by the Board of Diractors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5M day of June, 1979. at which a quorum was present. and said R!saluaon has not bean
amended at repealed.
"Resolved, that the signatures of such directors and officers Arid the seal of the Company may be atired to any such porter
of atstnisy or any certificate relating therr:to by facsimile, and any such power of attorney or certrlicste bearing such
•-;simile signatures or facsimile seal : sell be valid and binding upon the Compatty and any such power so executed ono
c dified by facsimile signatures and facsimile east shall be valid and binding upon the Company in the 1'Aure with respect
to any bond or unWitaking to whier, it is attached
IN WETNESS WHEREOF. the RELIANCE INSURANCE COMPANY tas t bused there presents to be signed by its Vice President. and its corporate seal
to be herelo nffn.ed, this 7th day of OCtobP-r t 1 •
# AEUANCEINSURANCE COMP Y
/y vice Presu+cnt
STATE OF Permsylvania
COUNTY of Phi ladelphia } ss
On this 7th day of October 19 91. personally avtware d Charles B. Schrml z
to mJ known to be the Vic': -President of the RELIANCE INSURANCE COMPAN", and ac' nowiedgad that he executed and attested the foregoing
instrument and affixed the seat of said entporruun thereto, and that Article W. Section 1. L. and 3 o1 the By-LImS of sa-y Company and the Resolu.
t•on, cat loath mrrrefil, are still in full force.
My Coin•, is: ion F�tpires .~�'�
it
February 1 , m93
tir.r Noatry Pub:'c m aria Ice State of Pf.'1V"ISV1:r L]
>ittrrea Residingat P}lilade.'lphia
y, Anita Zlpper-t } iOGiYGeer !Ill NCE IN•SUFiANCE COMPANY, do hereby rerlrfy that the aho.e
and fort -going is a true and correct copy of a Poiver of Attorney ut s ELIAfJCE INSURANCE COMPANY, wh'rh is .1.e in full for;c- hrd
Irtect y r
IN VntNESS 'NHEREnF, I nags hbrpurrlo set my nand c id Mixed lit 691i * X ,many INS 10THd,h o1 /iER
t992
I tt!n.iUi fa E+:� JG}!11�i(2{I(Stc•et.hry _Li,C13t�'�`
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& CITY OF HUNTINGTON BEACH
kj 2r]Oq MAIN STREET-- CALIFORNIA 92648
�r rtli' •.�:,.
OFFICE 4F THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
October 5, 1992
Insituform Southwest
718 South Primrose Ave.
Monrovia, CA 91016
RE: Construction of Townlot Sewer Rehabilitation Program - lining
of Cxisting Sewer Main Pha:sa 1 , PROJECT CC-837
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Cer•Lificate of
Compliance form. The Declaration of Satisfaction of Claims and the
Certificate of Crnaliance form IkiJST BE RETURNED TO THIS OFF1,--E AFTER THE
PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE 6F RETF.NTIO,: ',0s.
In addition, the following ite, must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year warranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please cad Dan Noble, Contracts Administrator, 535-5041.
Connie Brockway
City Clerk
C3:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of C•empliance
(Ttlephene; 714.536-52271
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SECTION
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CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND INST7UFORM SOUTHWEST
FAR THE CONSTRUC i 10N OF
THE TOWNLOr SEWER p::HhBILITATIOW PROTECT
(CC-837)
STATEMEr OF WORK; ACCEPTANCE OF RISK . . . . . . . .
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
AND SPECIFICATIONS . . . . . . . . . . . . . . . . .
COMPENSATICN
TIME OF THE ESSENCE
CHANGES . . . . . . . . . . . . . . . . . . . . . . .
NOTICE TO PROCEED . . . . . . . . . . . . . . . . . .
BONDS . • . . . . . . . . . . . . . . . . . . . . .
WARRANTIES . . . . . . . . . . . . . . . . .
INDEPENDENT CONTRACTOR . . . . . . . . . . . . . . .
LIQUIDATED DAMAGES/DELAYS . . . . . . . . . . . . . .
DIFFERI''G SITE CONDITIONS . . . . . . . .
VARIATIONS IN ESTIMATED QUANTTTTES . . . . . . . . .
PROGRESS PAYMENTS . . . . . . . . . . . . . . . .
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES .
AFFIDAVITS OF SATISFACTION OF CLAIMS . . . . . . . .
WAIVER OF CLAIMS . . . . . . . . . . . . . . . .
INDEMNIFICATION, DEFENSE, HOLD HARMLESS . . . . . . .
WORKERS' COMPENSATION INSURANCE . . . . . . . . . . .
INSURANCE . . . . . . . . . . . . . . .
CERTIFICATES OF INSURANCE; ADDITIONAL
INSURED ENDORSEMENT . . . . . . . . . . . . . . . . .
DEFAULT AND TERMINATION .
DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS .
'SUN —ASSIGNABILITY . . . . . . . . . . . . . . . .
CITY EMPLOYEES AND OFFICIALS . . . . . . . . . . . .
STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS . .
IMMIGRATION . . . . . . . . . . . . . . . . . . . . .
NOTICES . . . . . . . . . . . . . . . . . .
CAPTIONS . . . . . .
LEGAL SERVICES SUBi ONTRACTING PROHIBITED . . . . . .
ENTIRETY . . . . . . . . . . . . . . . . . . . . . .
PAGE
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a
Cl-."Y FUNDED CONSTRUCTION CONTRACT BETWEEN THE 'CITY OF
HUNTINGTON BEACH AND INSITUFORM, EOUTHWEST
FOR THE ZONSTRUCTION OF
THE TOWNLOT SEWER REHABILITATION PROJECT
(CC-637)
is it,. -%AA and enter into on this
day of 1992. by and between the CITY OF HUNTXNGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and IDISITUFORM SOUTHWEST, d
California General Partnership, hereinafter referred to as
"CO
NTRACTOR."
WHEREAS, CITY has solicited bids for a public wnrks project,
hereinafter referred to as "PROJECT," more Lull; described as the
Townlot Sewer Rehabilitation Vzoject (CC-837) in the C:.ty of
Huntington Beach; and
CONTRACTOR has bean selected and is to perform sa -' work,
NOW, THEREFORE, in consideration of the promises aito
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. JTMiTU-',EMT OF kMRK.,* &C
CONTRACTOR shall furnish, at its own expense, all labor,
plans, tools, equipment, supplies, transportation, utilities and
all other items, services and facilities necessary 'Cu complet-e and
construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the elements,
from Any unforeseen difficulties which may arise or be encountered
8/20/92:PDA
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,:* �';., r';'• :, in the prosecution of work, and For all other risks of any
: '�• 'f y'••'J �'y}•� description connected with the work, inctudin,1, but not limited
r'/� •"'�{ � tia"'� f.� 1,
to, all nxpenses incurred by or in consequence of the suspension
oz: discontinuance of work, except such as are herein expressly
•Y,i !!r.{ i r ry,
h stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner
, ;� ';.'' i i1 shown and, described in this Agreement, and in accordance with the
requirements of CITY under them for the compensation set forth in
•rat . '�y ofdRX`'Q!.•Ii,�;,�rWr`, ,
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the accepted old proposal.
However, the total compensation to be paid is to be computed
an the basis of the units of work as it is actuali; performed, in
accordance with the stipulated prices named in the Did whmet(s).
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CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined), the location of
the job site, and the conditions under which the work is to be
performed, and t•'.iat it enters into this Agreement based i._pcn its
investigation of all such matters and is rely
ing ying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents arc 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, small be bound by sa?.d
Contract Documents insofar as they relate in part or in any way,
directly or indirectly, to the work covered by this Agreement.
8J20r92:pDA
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"Contract C.,cuments" as dcf' aed herein mean and include;
A. This Agreement;
D. Bonds covering the wazl, terein agreed upon;
C. The CITY'S standard Flans and .Specifications and
special contractual provisions, including those on file in the
office of the Director of Public Works of CITY and Plop' by
the City Council of CITY, and any revisions, amendments or addende
thereto;
D. The '991 edition of
published by Builder's News, Inc., 3055
Overland Avenue, Los Angeles, California 90034, and a?? amendments
thereto, written and promulgated by the Southern Cpli.fornia
chapter of the American Ptiblic Works Association and the Southern
California District Associated General Contractors of the
California Joint Cooperative Cormnittee;
E. Bid documents including the Notice Inviting Bids,
the Special Instruction:; to Bidders and the Contractor's Proposal
(attached hereto as Exhibit. "A");
F. The partic;ilar pla,is, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in they Flans and not mentioned in the Spec .ticatiors,
shall be of like effect as if indicated and inenL•icr.ed in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be irnmediutely submitted
by CONTRACTOR to the Department of Public: Works of CITE'
(hereinafter referred to as "DPW"), without whose decision said
8/20/92:PDA
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discrepancy shall not be adjusted by CONTRACTOR, save only at it.-,
own risk and expense.
.'.'a •h',xi' Choulc3 there be a7 ccnV ict between the terms of ths
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Agreement and the bid or proposal of. C014TRT.C'TOR, then this,
Agreement shall control and nothing herein shall he considered as
an acceptance c_ the terms r_ sa4.d bid cc proposal which is in
conflict herewith.
3. 14�� 8
CITY. agrees to pay and CONTRACTOR agrees to accept as
full cortirensat:ion for the faithful performance of thi r, Agreement,
subject to any additions or deducHons made under the provisions
of this Agreement or the Cont'rt . Documents, a :gum not to exceed
W.nety Thousand Nine Hundred Hinety and no/100 1$90,990r0u], as
set forth in the Contract Documents, to be paid as provided in
this Agreement.
4. 2pJEC,T
CONTRACTOR agrees to ;:ommence the PROJECT within tray► (1.
working days after notice to proceed is issued and shall
diligently prosecute PROJECT :.o completion within thirty (301,
consecutive working days from the day the "Notice to a roceed' is
issued by Department of Public Works, excluding del-jy.s provided
for in this Agreement.
The parties hereto recognize one, agrc3 that time is of
the essence in +:he performance of t1i s Agreement and Each and
every provision of tho Contract Documents.
8/20/92:PDA
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CONTRACTOR shall prepare and clitain approval as required
by the CoritLact Documents for all shoo, drawings, details and
samples, and do all other things neces ary and izicir''erital. Le the
Prosecution of its work in conformance with the progress, schedule
se" forth in the Contract Documents. CONTRACTOR shall coordinate
its work with the work of all other contractors, subcontractors
ar_d CITY forces working on the PROJECT, in a tr.anner that will
facilitate the efficient, completion of the PROJECT and in
accordance with the terms and rrovisions of this Agreement. CITY
shall have complete control of the premises on which the work is
to be perfr, coed and shall have the right to decide the time and
order in . :ich the various portion.-, of the work shall be .perfor,ned
and the priorit;r of the work of other contractors,, Subcontractors
and CITY forces arid, in general, all matters concerning the timely
and orderly
} c..�ndiici; o:: the work of CONTRACTOR on thr, prer14 ses.
CJ • _LI_A }Q5,7t
CONTRACTOR shall adhere st rictly to the plans and
specifications ::P.t forth in Lhe Contract Documents uzileas a change
H-orefrom :.s authori7 ed in wri,-ing by the DPW. CONTRACTOI? agrees
to make any and all chant -es, furni.,h materials and perform all
wurk neces:;ary .,y1thirl the scope of: the PROJECT as the DPW may
rognire in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DMI, and CITY shall not
pay any extra charges made by CONITRACTOR that have not bee.%n agreed
u*)011 it) writing by the D'M.
When djTCct-ed to change the work, CONTRACTOR shall submit
immediately to the DPW" a written coat proposal reflecting Lhe
8,1 ? r /9 z : PDA 5
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.v;a', ,: i� ` 'yi ', yM. y". • ',r: '•, � "i7V ,,fit 4� V �i Yr � i''' � �+� �',� l�°'i"! � `� ' +•�{•`D
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of feet of the ch-inge. ShOUld f is DPL'l not agree to such cost
Pronosal, the 1;or; shall. he perform--,d according to tho chanties
orderrA in writing by tha DPW and the propel cost: thereof shall be
rl,2gntlatind by the parties upon cost and prit:ing data submittpri by
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the COA•tTRACTOP; ther.eul:an, CITY will promptly issue an adjusted
change order to CC,NTF22I,CT'OR and the contract price will be adjusted
upward or. downward ,accordingly.
i 7. 1.4 TIC f; T PROCF'f D
No worst, service.,, mrr4Grial, or equipment shall be
performed or furnished undor this Agreement unless and until a
Notice to proceed has been given to the CONTRACTOR by CITY. CITY
does not warrant '.:hat the work site will be available or) the date
the Notice to Proceed is issued. In event of a delay in
commencement: of tic: work clue to unavailability of the: job site,
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for any reason, relief to the CONTRACTOR shall be limited to a
tim-. -,xtr-nsion equal to the delay due to Such utiavailabilit-7.
i
8. 13_Of_1I7 r
COI]T'RAClOR shall, prior to entering upon the perform. -
of
1 1 ]s as ] r p r e i t:lii... �,r�rf.:.mGnt, furni.,t. the following three bonds approved
by tho City Attorney: One i n the hmount of one hundred percent of
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the con,tr.acc price to guarantee the CONTRAt'TOR'S faithful
1
performance of the work; one in the amount of one hundred percent
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of the contract price to warrant such performance: for a period of
one (1) year after CIT!"S acceptance thereof- and one in +•°ae
amount of fifty percent (50`•s) of the contract price to guarantee
payment of all claims for labor and materials furnished.
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The CONTRACTOR unconJi.tionaily guarant:res all work done
under this Agreement including, but not; limited to, any
workmanship, installation, fabrication, material nr. structural
facilities constructed. CONTRACTOR, within tell (10) days after
notice by CITE` of any defect in the work. shall have the option to
make appropriaFe repairs or replace the defective item or items.
Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or rep�i.,,-ement at CONTRACTOR'S risk and expense.
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 expt=e, ar' be responsible for any and all payment
of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees,
and all business licenses, i7L any, in connection with the PROJECT.
11. 1,10111 ATED DAi�(�T'�ID�I,FyS',�
It i:i agreed by the parties hereto that in case the total
wort called for hereunder is ncr in all parts and requirements
finished or completed within the number of calendar days as set
forth herein, damage will be sustained by CITY: and that it is,
and would be, impractical and extremely difficult to ascertain and
determine the actual damage which CITY would sustain in the event
of anti by reason of such delay; it is, therefore, agreed i-hat
CONTRACTOR will pay to CITY, as liquidated damages and not as a
0/2 0/92 : PDA
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penalty, the sum of Two hundred and Fifty Dollars ($250.00) per
I
4' day for each and every working day's delay in completing the wo::k
in excess of the number of working/calendar days set forth herein,
11hich sum represents a reasonable endeavor by the parties hereto
to estimate a fair compensation for the fores•,eable iosues C171
would sustain in the event of and by reason of such delay; and
CONTRACTOR agrees to pay said damages herein provired, and further
agrees that CITY may deduct ;he amount thereof from any monies due
or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time an%A will
not be assessed damaged 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
restrictRd to, acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, unsuitable weatber,
or delays of subcont:act:ars due to such causes.
CONTRACTCR shall, wit:hi;i fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a further_
period of time prior to the date of final settlement of the
Agreement), notify the DPW in writing of the Cause of the delay
and CITY shall extend the time for completing the work if, in its
Judgment, the findings of fact thereon justify the delay; and the
deci:.,ion of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR :be delayed in he prosecution or
completion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials required t;-
this Agreement to be fuznished by CITY, or by damage caused by
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fire or other casualty at the; job site for which CONTRACTOR is not
responsible, or by the c-ombinr,sd action of the workers, in ncwise
caused by or ,resulting from default or collusion on the part of
No claims for additional compensation or damages for
CONTRACTOR, or in the f:vent of a lockcut by CITY, then they time
herein fixed for the completion of the i,ork shall be extended by
the num►jer of clays the CONTRACTOk 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) clays of the
commencement of such delay. Delays, irrespective of the caune
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.
12. DIFFFRIN,Cy aL _CQNDITIONS
( 1 ) Notis;pa: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement er the Contract Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing r.1a� erially from those o_•3inarily
encountered and generally recognized as inherent to work of the
cl,,nracter to be performed under this Agreement. The EPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and taus- an increase or
decrease in the time required for performance- of any part of the
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work under this Agreement, whether or not 'changed as a result of
such cciiditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) sirn: No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has ,given the
notice required hereunder., provided, however, the time prescribed
therefor may be extended by CITY.
13. VARIATIONS "'IMATF:p ONTI�'TE
The quantities listed in the .hits schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for
the actual quantities of contract items used in construction of
the PROJECT, in accordance with the plans and specifications.
Upon completion of the PROJECT, if the actual quantities used are
either more than or less than the quantities listed in the bit.
schedule, the bid price shall prevail subject to the provisions of
this Section. The DPV7 may, at its sole discretion, when warranted
by the facts and circumstances, order an equitable adjustment,
upwards or downwards, in payment to the COI•ITRAC.'•TOR 'where the
actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim
by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under
this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and snake such adjustment for
extending the completion date as in its judgment the findings
warran'L .
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14. PROGRE �. AGENTS.
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be raid tS
CONTRACTOR.
When CONTRACTOR ha:;, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will. bring the payments of each
month up to one hundred percent (100%) of the value of the work �'
completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and loss all previous retained
amounts. The final payment, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the s;'•t�f�;t,,�. r �+�'.
acceptance of the work and the filing of a Notice of Completion by '.
CITY. Payments shall be made on demar, _'s drawn in the manner
required by law, each payment to be accompanied by a certificate
signed by the DPW, affirming that the work for which payment is ,''.��.y;;.•', �''`
demanded has been perforinrd in accordance with the terms of the ,,7%4`+4./,4!,.Y `rnf}f•,
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.
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15. ITH[!F1ja CON'TR ZC � ZTi�IDS_; ��iCCTI,TiJT14N OF_ SSE URITT_r
At the request and espen,L3 of CONTRACTOR, who shall
retain beneficial ownership :end receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any ciionies withheld by CITY
to ensure performance under the terms and provisions of this
agreement.
16. e�'Fr��VITS dF�T_zs�A�19_N. QF_LA,i
After the completion of the work contemplated by this
Agreement, CONTRACTOR shall file: with the DPW its affidavit
stating that all workers and persons employed, all firms supplying
materials and all subcontractors upon PROJECT have been paint in
full and that there are no claims outstanding against PROJECT for
either labor or material, except certain items, if any, to be set
forth in an affidavit covering disputed claims, cr items in
connection with Notices to Withhold which have been filed under
the provisions cf the statutes of the State of California.
1.7. W?�7VER C► CT_ATMS
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of all claims against. CITY
undeL or arising nut of this Agreement.
18. Qr-.M 1FICT (L ly_D-Tril F. i0LD JARMIXE fj
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused; including those resulting from death or
injury to CONTRACTOR � S employees and damF n,� to CON f RACTOR' S
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property, arising directly or indirectly out of the obligations or
operations herein undertaken by CONTRACTOR, including those
arisij.g from ;:he passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CIT`:. CONTRACTOR will conduct all defense at its sole. cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs or
attorney's fees incurred by CITY in enf)ruing this obligat'_on.
19. 1yQRKER51 Q_MF2 N TI N INSURANCF
Pursuant to the C lil:o!;rlia Labor Codes Section 1861,
CONTRACTOR acknowledges awarenes.; of Section 3700 et seq. of said
code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that it
will comply with all such laws and provisions prior to commencing
performance of the work hereunder.
CONTRACTOR shall maintain such Workers' Compensation
Insurance in an amount of not less than One Hundred Thousand
Dollars ($100,000) bodily injury by accident, each occurrence, One
Handred Thousand Dollars ($100,000) bodily injury by disease, each
employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily
injury . disease, policy limit, at all tames incident `iereto, 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
sut.contractor.s' employee,. CONTRACTOR stall furnish to CITY a
certificate'of waiver of subrogation und.2r the terms cf the
Workers' Compensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
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CONTRACTOR shall, carry at all times ircidenL hereto, on
all operations to he performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non --owned vehicles. Said insurance shall name the CITY, its
officers, agents and employees znd all public agencies as
determined by the CITY. as Additional Insureds. CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this AgreemEnt, in an amount- of not
less than One Million Dollars ($1,000,000) combined Single limit
coverage. If coverage is provided under a form which includes a
designated general aggregate: limit, sucli limit shall be no less
than One Million Dollars ($1,000,000). In the event of aggregate
coverage, CCNTnACTC)R shall i.-meliately notify CITY of any known:
depletion of limits. CONTRACTOR shall require its insurer to
waive its subrngat-ion rights against CITY and agrees to provide
certificates evidencing the same:.
2.1. CERT?F� QF�—JNjJ}7AN_Qr�--F.i)I3T'I'IONF,LL. INSQRED ENDORSEMENT
Prior to c-ninencing performance of the work hereunder,
CONTRACTOR shah. furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoinq
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insurance coverages as required by this Agreement; said
certificates 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 notic.� to
CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under this Agreement. CITY or its representative shall
at all times have the right to demand the original or a copy of
all said policies of insurance. CONTRACTOR shall pay, in a prompt
and timely manner, the premiums on all insurance hereinahove
required.
A separate copy of the additional insured endorsement to each
of CONTRACTOR'S insurance policies, naming the CITY, its officers
a-?d emoloyees as Additional Insureds shall be provided to the C4ty
Attorney for app7:oval prior to any payment hereunder.
22. �.. T A14D TERM I Tr x
If CONTRACTOR fails or refusL : to prosecute the wort;
hereunder with diligence, or fails to complete the work within the
time specified, or is adjudged to be bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or
violates any provision of this Agreement tir the Contract
Documents, CITY may give notice in writing of its intention to
terminate this Agreement. Unless the violation is cur(-:d within
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ten (10) days after such Notice of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remody ill- may
have, terminate this Agreement upon the expiration of that tia13.
Upon: such default by CONTRACTOR, CITY may elect not to terminate
this Agreement; in ouch event CITY may make good the deficiency in
which the default consists and deduct: the resulting costs from the
progLess payments then or to become die to CONTRACTOR.
23. DIt�P SITT i Ir PiAtJS r- T:LliATEAND OTHER _. M""NIE
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or i:pon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost.
24 • t;DB--AU IBiLITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety.
25. TTY EMPLOYEES AND OFFT__QIALS
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 Q21 .E.Qy v�rOman t --- Lt&a
Sections 1090 et sea.
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26. yTrP D]jL ESQ R�QV MY O L i�f�NISTi2t�_'T'IF . T _
CITY shall be entitled to recover from CONTRACTOR its
reasonable administrative and attorney's fees, costs and necessary
disbursements arising out of the processing of Stop Notices,
Notices to Withhold, or any similar legal document. Said
obligation shall be provided for in the labor and materials
payment: bond required of CONTRACTOR. CITY may charge an
administrative fee. of one-hur,dred dollars ($100) for every ::top
notice filed in excess of two, regardless of whether or not ::ITY
is nanted in an action to enforce such stop notices. CITY may set
off any unreimbursed cost or expense so incurred against any sum
or sums owed by CITY to CONTRACTOR under this } greemant.
27. 3=QBAU_QV
CONTRACTOR shall be responsible for full compliance with
the immigration and naturalization laws of the United States anti
shall, in particular, comply with the provisions of 8
1324a regarding employment verification.
2 8. 14=U
All i.ot:ices required or permitted hereunder shall be
delivered in person or by registered or certified mail to an
authorized representative of the party to whom deliver-y is to be
made, at the place of business of such party, or to any other
place designated in writing by such party.
29. CAPTLQV.
of the Sections of this Agreement: are for convenience and
reference only, and the words contained therein shall in no way be
held to explain, modify, amplify or aid in the interpretatijr.,
construction or meaning of the provisions of :his Agreement.
8/20/92:PDA
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30. I.Ct�It_tr�'`UQNl�i�:7�2 _}?R�iiTitTED
CONTRACTOR and CITY agree that CITY is not liable for
payment of any subcontractor work involving legal services, and
that such legal services are expressly outride the scope of
services contemplated hereunder. CONTRACTOR understands that
pursuant to Hurtington Bearh City Charter § 3011, the City Attorney
is the exclusive legal counsel for CITY; and CITY small not be
liable for payment of any legal services expenses incurred by
CON MACTOR .
F/20./9::PDA
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18
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31, ENTIRETY
The foregoing represents the entire Agreement- betveen tne
parties.
IN WITNESS WHEREOF. the, parties hereto have caused this
Agreement to be executed by and through their authorized officer;;
the clay, month and year first above written.
CONTRACTOR:
INSITUF0161 SOUTHWEST
a California General. Partne-rship
N-.Pipe ;alifcrnia, inc.
General Partner
By!
11i'l-liam
Preside t
Byl
Williar-ii Auijus U.'s lartin,
Secretaly
insituform California, Inc.
Cenr-%ra? Partner
X
By:
Pilliam CHagA
BY:
141111 Elm At �ju - �-il s Pla r rf n,
Secretary�- ,
CITY OF HUNTINGTON 13EACII
a municipal corporation of
the State of California
Mayar
ATTEST:
City Clerk
'PPP .GVED AS TO FOR14:
v. r n e y
REVIEWED AND ;.PPROVED: INITIA ED AND
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FICA: -
of, I trator riT.,zctor ity Adr fi /-z Public Works
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X0 01BIT A
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PROPOSAL
for the
t)V -,T SLIVER REHABILITATION PROGRAM
(1;+NUNG OF EXISTING SEIYER MAINS) ;
TS'l:`,TT-I BE ADAMS AVE. & LOM.A AVE. AJNW 14TIi[ ST.
IZI�'i'iI'r:I.;d i_Jlr.itk �V . 4ti 13I'II AVE. AND AN ALLEY BOlut'YU]ED BY
A't'r::,, MAIN ST. AND 13TH ST.& 14111 ST.
CjV;l1 CONTRACT No. 837 ;.
in [he �h5
CITY OF IIIJNTINCTON BEACIi :
TO TIIl; ;fCIvrORAR'(,E ,1QA%'OIt AND MEMBERS OI, THE COUNCII, OF
I11iT,ITTP,IF'ACfI:
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,n t�+Inliancc. with �� I'Iotic. Invit,nu Sc;afr_d Bids, tt,.. undersigned her.,by propose and
to In rronii all 0c v•ork therein describ,°d, and to furnish all labor, material, t :•
cqmimi.rit :ind incident irrurance neces:kary therefor, in accordance with the Flans and
uo file in the OM o.. of ►be City Engineer of the City of Hundngton 13e.�•+.ch. The
u ;ci s ,i,:7cd agree to W.rform the: %work therein to the satisfaction of and under the
;ulrurv: �inr of tic City engineer of thtc laity of Huntington Beach, and to enter into a
rolli ract nt the following prices. The undersigned agrees to complete the work within 30
dav�l ir'ichuling pipe delivc_:y, starlins, from the date of the Notice to Proce(A.
I;IDDEP declar s tliat this proposal is based upon careful examination of the work site,
pians, spLcitications, Instructions to Bidders and all other contract documents. If this
proposal i; acccpted for award, BIDDER agrees to enter into r contract with AGENCY at
the unit and/or hump sure prices set forth iit the following Bid "chedule. BIDDER
unne.istand; that failure to enter into a contract in the manner and tirrie prescriber] will result
in 'or`eiture to AGENCY of the guaranty accompanying this proposal.
BTDI)TI( miderst.ands that a bid is required for tht., entire work, that the estimted quantities
—�t forth in the IM Scbedt)'c :ire .50101y for the purpose, of comparing bids and that final
compL: ::xtion under the contract will be based upon the actual gwultitics of work
:.,�tisf.�c!r�rily comphc!rd, i'IIC' AGENCY RF.SERt�ES 'rllE- RIGT:IT TO DELETE ANY
ITF01 FP,61A THI: CONTRACT. It is agreed that the unit and/or lump sum prices bid
include all :�ppurtcnant expenses, taxes, royalties and fees, etc., and will be g,..arantced for a
Fcritd of suety days frou: th�� bid opening date. If at such time the crntract is not awarded,
the AGENCY wil reject all
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bids and will readvertise the project. In Ov- c~ C discrepancies in the amounts bid, unit
prices shall govern, over extended amounts, an, A shall govern ov.ti.r figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default. in
executing the required contract and riling die necessary bonds and insurance certificates
,.. within 10 working days after the date of the AGENCY'S notice of award of contract to the
BIDDER, the proceeds of the security accompanying this bid shall become the property of
the AGENCY and this bid and the acceptitncc; hereof may, at the AGENCY'S opti•m, be
considered ,lull and void,
Accompanying this proposal of bid, find 91 dJcg-'. 9,1,7d in the amount of $!Z ej F,9. &76
which said amount is not less than 10 0 of tite aggregate -if the total bid price, as required by
the Notice In-4ting Sealed Bids, payable to die AGENCY. (Please insert the words "Cash",
"Certified Check", or "Bidder's Fond", as the case may be).
Bidder shall signify receipt of all Addenda here, if arty:
rtdderu.'a No.
Date Receh,
Bidder's Signature '
ITEM iT.. b1riT.1 D V14FIT ",.RT 1)
QUANTITY WRI'ITEN IN WORDS PRICE: AMOUNT
1 305
:Mine 8" VCP per
Lill. ft.
these specifications
, c
D,, llars and
n� Cents
P--r Lineal foot r F
2. 38
Re -open servic: laterals with
each
internal cutter
Tfircr �-xt�+E�
l
J - Dollars and
0 ° Certts $ �� a� �;��5 -1--) 0 �C�
4
Per Each
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ESTIMATEITEM T3`iL 1 WITH H UNI I' R L
QUANTITY 1VRiT*TD- ' IN WORIIS PRICE AMOUNT
3. Lump Sum Mobilization ($2,CM.00 Max.)
_;— W c>
&v-vt-id Dollars and
;o Cents $ �C;od.c0 $_mot?d�1, 6C7
a
Per Lump Sum
TOTAL r►MOUNT BID IN FIGURES:.. , ...
TOTAL -kMOUNT BID IN WORDS:
A
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By submission rf this proposal, the Bidder certifies; r l'
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L That he is able to and %vilI cn-rform the balance of all work 'Aieh is not covered in r;
th. ,above subcontractors listing, t� v
�. That the AGEPJCY will be furnislied copies of all s!:bcontracls cntrrrd into and rands
furnis'l;ed by subcontractor for this projs:tt. E
]LIST ICI S ULCUh TILNCTOILS
In accordance, with Government Code Section 4104, the Bidder shall set fortf► the name and
business address of each subcontractor who will perform wort: or render service tv the bidder
on said contract in an amount in a;tress of one-half of one pen ent of the total bid and the
portion of the work to be clone by such subcontractor.
Portion i.'anme I r•Subrontractor anci Adrfress wj State License Gla;s
Of Work ;-lumber-
Kell, Z_ 6
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NONCOi L40SION AFFIDAVIT TO BF. EXECUI`FD
BY BEDDER AND ICU ?4'.IIT'I ED Vi/TI'If B'ti)
State of California
5S
County of Orange
l ets^+-w �fe. , being first duly sworn,,dcpows and says that h�L or sale is
of �'�s�Lt' '"^ -rJ`'f '-'" the pGrty m6ing die ;orego;ng
bid that. tPe hid is not made in th( interest of, or on the behalf of, any uneisclosed person,
partnership, company, association, organisation, or corooration; that U)e bid is genuine and
not collusive.. or sham; that the bidder has not dir�-ctly or indirectly induced or solicited any
other bidder to nut in a fala or sham bid, ai.e has not directly or indirectly colluded,
conspired, connived, or agreed with any bidd,:r or anyone else to put in a sham bid, or tL•r.,
anyone shall refrain from bidding; that the bier has not in .ny manner; directly or
indirectly, sought by agreement, communic ition, or conferem e with anyone to fix the bid
Price, or that of any other bidder, or to securr, any advaniage against d,e public body
awardim, the contract of any.7nc interested in the prorosed contract; that all statzmcnv
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or h•or bid price or any breakdown &,ereof, or the coments thy.:eo', or divulged
infort nation or data relativ,� thereto, or paid, and will not pay fQe to any corniration,
partnt:rship, comp.viy association, oroaniLation, bid depositGry, o:• to any mernber or agent
thereof to effectuate a collusive or sham bid.
Nanie of�Mader W
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signature o iididC1r
cot t ' ' , CA,- '. r.},
.4.ddress of Bidder
Subscribed i1nd sworn to before me thi, _i day of«,: �,�. , 19 .
Gary L. Lienbe.ger f
NOTAR�r PUBLIC. %- ��� � .� ._�\� �1••1•Q 1 ` j (1iIR1fl'[L:C-CAL P :n••Iw
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CERTIFICATION WITH REGARD TO TITS PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS lSUTiITECT TO 771E
EQUAL OP OIRTUNTI'Y CLAUSE AND ME FILING OF
REQUIRED REPORTS
The bidder _( prop'a•;ed subcontractor , hereby certifies that he leas A�r_ has not
participated in a previous contract or sub.antruct subject to the equal opportunity clause, as
required by Executive Orders 10925, 11114, or 11246, andd that he has X, has not ,
filed with the Joint Reporting Committer:, the Meow of die Office of Fedc_-al Contract
Complianc-2, a Fr-deral Governtr not contracting or administering, agency, or the former
President'•s Committco on Equ_d Eiliployajent Opportcnity, all reports due. under the
applif.-i.bl;: filing requirements.
C ttractor
B- - L
y �t.�l !lta�e Clts;
Ttt�_
Date:._.
NOTE- The above certification :s required by the Equal Emoloyrnent Opportunity
Re•aulations of toe Secretary of Labor (41 CFR 60-1.70))(1)), and must be j-ibrnttted by
bidder and proposed subcontrac,ors only in connection with contracts a-td subcontracts which
are subject to the equal opportunity clause. Contra: is and subcontracts which are subject to
;he equal opportunsty clause are set forth in 41 M. 60-1.5. (Generally only contracts ur
,ubr•entracts of $10,000 or under art: exempt).
CCun•ently, Standard Form WO (EEO-1) is t)c; only r_port required by the Executive Orders
or their srttplrmanting regulations.
Proposed prince contractors wid subcontracts who have participated in a previous cuntJact or
subcontract Subject to the Ex -zutive Orders and ha-x not filed the required reports shot,id
note that 41 CFZ prevents th-c award of contracts and rubcontracts unless such
contractor submits a report covering the delinquent period of such other pericx! slgcified by
the 1=cueral Higliwjy Administration or by the Director, Office of Fcder~al C ontrac;t
Compliaice, U.S. Depar.ment of labor.
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Ui ILITV AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUN"1'INGTON BEACH, CALIFORNIA
Gentlemen.
The undersigned hereby promises anO agrees that in the: periormance; of the work specified in
the contract, known as To%nlot sewer reWpiii aflon program (sewer removal and
replacement), 0)(,A,e)(it) will. employ and utilize only qualified persons, as hereinafter
defined, to work in proximity to ,any electrical secondary or transmission, facilities. The tenn
"Qualified Person" is defined in 'Title 8, California Administrative Code, Secton 2700, as
follows:
"Qualified Person: A person who, by reason of experience or insrraetirnr), is fandliar with
the operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in
accordwxe with all applicable electrical utility company's requirements, Public Utility
Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and tigress Wat the provisions herein shall be and are
binding upon any subcontractor or subcontractors th t may be retained or employed by the
undersi- ned, and that the undersigned shall take sv!ps as are necessary to assure compliance
by any said subcontractor or subcontractors Wit,k t}te requirements contained herein.
Date • o I 2-
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.o ih�tctor
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S• �V�,��� •{r�'fI,�r..rr�e', tlax.: �'. i,, , . r r , . � ••�.1h.K* f� h +�• � '.�, � '•
(,(ly,� "J'I'M• •I' r 1 � ,. .. , , 1' - , ,.•w r•M rl�•'{'jYYNr Y'... ` ! yV.p.�{
f! fY �•
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DISQUALIFICATION QUES I IONN AIIUl f : ,,�.•
9
In accordance with Government C+x±e Section 14310.5, the Bidder shall complr:te, under
penalty of 1xerjury, the following gnestionnaire.
QUESTIONNAIRE
Has the Bidder, any of,tccr of the Bidder or any employee of the Bidder wh* has a
proprietary interest in the Biddel ever !)mn disqualifird, removed or oth(-
wwi.;,� prevented
from bidding on or completing a Fc?ier-al, State or local government project th-c::use of a
violation or' law or a safety regulation?
Yes
No 4-r
If the answer is yes, explain the circumstances in the space provided,
NOTE: This questionnaire constitutes a part of the Proposal, and a signature porti i of thL
Proposal shall constitute signatures of this gaestionnaire.
C—u
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Y.
COMPENSATION NSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
convact has been awarded shall sign the following certificate and Shall submit same to the
AGENCY prior to, performing any work on this contract:
J am aware of the nrovisicjrts of Sw.ion 31100 of the Labor Code which require every
A employer to be insured against liability for worker's compenvOon or to undertake
self insurance in accordance with the provisions of that code, and I will wmply with
such provisions before commencing the performance of the work of this contract.
Ulltmc or
Date:
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BEDDE' R'S INFORMATION
BIDDER certifies 1, tat the following information is true and correct:
Bidder Name —
Business Address
-TQ r"l — C'o 47-5-:? �.
Telephone Number
-�� -'.
Slatc ontractor s iccn:se No: anUTT;Cz `
Original at. issued -
Expir~`� �t o rbate
The work site was inspected hy � + 4"'I"' T of our office on _ L7 z , 19��.
The following are persons, firms, and corporations leaving a principal interest in this
proposal:
i �—
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The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their
ability, financially or otherwise, to perform the contract for the proposeu work and 1:
improvements in accordance with the plan; and specifications set forth,
mp
lgi]atlJ C 0 Mder
C 01 t
n} 'nth or Typed Signature
71 .1'. . •i ram•-�y�-.� ,� _
Add ess MB i ar
/Ya�rdwi.� ) Cie
Telephone Number
Subscribed and sworn to before me this 1 day of �_ , 199 L
Gary L. Litemb� r
'n �Gnm..p6�ti11 v +IOTA%IV PUBLIC CALI'CAN:AO
NOTARY PUBLIC •- -�-r� ' v_ �. � - LOS ANc; ES COUNTY A
Listed below are the names, address and telephone number; for three public agencies for
which the bidder has performed similar work within the past two years:
2.
3.
Name and/Address
Name and Telephone No. of Project Afar. ager:_Cr ucL 4LIML ti
(. �ntr]ct Amoy unt —�'I Type o �, or . �__._....___._._._, _. ate omp --ez
Name and Address
f'
Nanic and 'Telephone; No. of Project �hfianafer/: Lit ��G tq 1 3 y �
U �'-
Zontract Am— cunt — ylx: ot work� 53te ornTleted
t62. T_I- AChi
Name and Address
Name and Telephone No. of Project Man ager:_.�rxJ,1 ,v - 0 ___1
-Contract mount __Type of'fiork"�"" .I7ic Completed
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S A M P L E
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF
THE TOWNLOT SEWER REHABILITATION PROJECT
(CC-837)
THIS AGREEMENT is made and entered into on this —
day of _ ,_, 1992, by and between the CITY OF HUNTINGTON
BEACH, a municipal, corporation of the State of California,
hereinafter referred to as "CI7'X,' and a California
corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as 'IrIROJECT," more (ally described as the
Tawnlot Sewer Rehabilitation Project (CC-837) in th�-, City of
Huntington Beach; and
CONTRACTOR has been select•-d and is to perform said work,
NOW, THEREFORE, in consideration of the promiees and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. UF,TENNT OF 4vORli:C_CEPTCc. OF RISK
CONTRACTOR shall furnish, at its our expense, all labor,
plans, tools, equipment, supplies, transportation, utilities and
all other items, services and facilities necessary to complete and
cornstruct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered
in the prosecution of work, znd for all other ricks of any
c]escription connected with the work, including, but not limited
PDAk 5/92382
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RITMIA:ISTOM 1ZTS'LTX-.A aL 0,E t:OMP&:1q-y-
HOME OFFICE, PHILADELPHIA, PEf-JNSYLVANIA III
Bond No.
BID BOND E
APPROVED BY THE P-AERICAN INSTI?UTE OF ARCHITECTS ` t
•w 1 ; A.I.A. DCCUTAE0 i NO. A-310 (FED. 1970 ED.) i
(( 11111 KNOW ALL MEN BYTHESE PRESENTS,THAT WE INSITUFOR4 SOUTH'WE51' I.
4r
".� ac Principal, h.mrainafter called the Principal, and the RELIANCE INSURANCE COMPANY of Phiiadelphia,
Pennsylvanle, a corporation duly organized under the Iaw3 of the Stale of Peltnsylvcnfa, as Surety, herelj�af-
= tercalled the Surety, are held and firmly bound unto cI ry of xUNrINWON JEACH, CA (((
E3 Obligee, INereinafter called the Obllcee, In the sun, of TEN PERCENT (10k) OF AMOUNT BID
` Dollars (S ), '';q'¢ 's
for the payment of which sum well and truly to be made, the salri Principal and the :3aid Surety, bind our
Wivas, our heirs, 3xecutors, administrators, successors and assigns, jointly and severally, firmly by these
resents c Al
WHEREAS, the PrInci pal has submitted a bid for TOWNLOT ;EWER REHABI L; TAT I ON FR0CRAX (LINING OF EXISTIN: :" •�:,'�'r��f^•r:
SEWER MANS) FARES I , I CASH CONTRACT NO. 037
NOW THEREFORE, if the Obl:gP(B sha!1 acc:opt the bid of the Principal andthe Principal shall enter Into z,
Contract with the Obligee in accordance with the turms of such bid, and dive such 4ond or bonds as may be �
specified In the bidding or Contract Documents with good and sufficient sur•?ty for the faithful per fo, ma'IC0
of such Contract and for the prompt payment of labor and material furnished In the prosecution theroof, or in f
the event of toe fallur►: of the Principal to enter SLIch Contract and give such bond or bonds, if the Principal !
shall pay to the Obiiyeo the difference not to exceed the penalty hereof between the amount epecifieu in
1 sa!d bid and such Larger ar. )unt for which the Obligee maj in goo:: faith contra.t ;� itf, another party to
perform the Work covered by 53ici bid, then This obligation shall be nuh and void, otherwise to remain in full �
force and effect. ;
Signed and se fled this 18TH dray of AUGI 4 A.D. 19 92 i
'N;i l T'JFC�Rr, SO11THhI:S i • +��'_�__ _ + ,
J�� (Principal) ISE al',
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R.ETAA D-TCU4 ITl%,TS1UEtAT4CFF COMPANY
HEAD OFFICE. PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRE:SF JIS, That thra fi! UANCE INSURANCE COMPANY, it corporation duly otgaruled under In(! laW: of ore Stale I,a 4ci'•;y .r.''
FCC'rnsylvar)fd. does tit reby make. nof)si,fule and appoint craig SlRith, J. Joe White, Donald E. Wi 11 Z.FITL-, [I. jilt `}'
Holliday, ii. A. Wright, Jr., Patricia A. Punaro, Michael D. Regan, E. J. I'omisi, Jr. arc:
Michael 3. tMat:tox, i.rdividuall , of Nashville, TeMe5j— ee .. ,.
it, tn'e:.nd lawful Ancitney-In•Farl, to make, execute. seal and deliver for and an its behAll. 7no as f17 act and dee0 any and all bonds
i
and undertakings ai Suretyship,
an to bind flit? RcIIAZ' INSURANCE COMP ANY thereby as fu11y arid to the same exten as if such bonds and undert!lkrngs And oth!'r writ.nri
ob!:galory in me nature thereof we!e signed by an Executivu Officer o1 the RELIANCE INSURANCE COMPA1.Y and sealed and attested u1• one ather
of such of cero, ano hereby raufies and ctin'irms all that dn. slid .Ahorney(s)•In-Fact may do in pursuance hereof {
Thr1 Po.ver tit Aflarney is granted under and by nUthunh,' of Anlf le VII of inn Hy-uv1 i of RELIANCE INSURANCE COMPANY ,yhfch
eCective 7, 1478• wh;cn prc,.Islons are now in full LJrcu and'lHect reodinq is follows ':! $1�t 1'
ARTICLE \'II --- EXEC:UTIOiJ OF SONCIS At ID UNDEf7TAKINGS J°'y�+�f'•°::. f'1�r +
1 The iRi3rd CI Directcrs. the President. the Chairman of 1ht• ESoard, lny 57nSor Vv:e Ptesrdei.f, any'lice Presroen: or Assistant V r.e Prest.7:•11 '
or olher oHlCer designated ry tre Beard of 7'rectofs shall have power Are,; n Ahonty to (a) appoint Attorneys-m-Fact and to euinorizo them to
an behalf of the comnAny, bonds and undeitakings, reCogniS6nce!. ccniraC13 of indemnity and What writings Obl.golory in ine namrC thereof, and jb) .I
to irmove ary su.n Anorney in-Fagt at any time and (evoke life power aotj autnohty given to nim.
9
Y Attornays -in-Fact shall have pow•!r nna aulnCnty, subject to they terms and limitations of [tic power CI anorn,:y insuca to them. to exeeule
and deliver Cn Liyhalf of the Company. bond; Ind vricerUnv r,y•,. ir'Cosn zati j.,. contracts of iridemiwy find Other wribr.gs bblr4Atory in The rra:,ife ther Q1 rf,„•�y�;,••. '
The CO,I)OWe !erli is not nrceligary for the validity of any bonds anal unIonaf•w rIs. recogn•.tances, Conlrimts CI indemntty Arid owe+r wto.rigs of hgAtor) :,1• .i
in file flat Urn tr.(I1e01 '4i;, `
,,r �•w,r; p I ` f
3 ArtOfneys-m-Fact Shall have f)7wer and outhcn!j 1.J r••(`zir ,V:.:Ix,Its required to be Ctuctied 13 CUri%5. ieccgnfza-cr,. ccnitact3 Cr utd,!•n• ;� f
n.ty Or d'he• t anCf!fOnPl or oC1'(Jat^.ry uhdortil4!n.•J; aad 1!'cy sh •" ,. ! o h:,.c JowCr find aulhonhy is erl7t.hy the hn;,nuAl ., it:rrr•nl of i`f.! C;:c•pany anC
to ct,,rwr of inn U- •:.lws of %,,it r..ompony Or any arS'Llt• ei ;cc! CIi 1' •`rl">! R.` ,� ) •�
!
Ttu: F`uwrr cl arinrnr,y is LiLnf.J and u•a'cd by f)c:, , i;. folo.sw 'a�tell Ly •( If '+ nE.LIA14C� SVIIAtIC:f: C0MPAfJY nI :, r.,tvi n.I he d CII Ii` PI ft,i , , 1]-, '.I v.h ; t itum w F;, n ^.: „ (• c n
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Sout hwe:;t is a partoorshill. The part:nt'r::
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Inc.
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NuI'i.pe California, Inc.
33.15 Democrat Road
Memphis, Tennessee 38118
phone (901) 353-21.05
'
Officers: William Charles Willis, Jr.,
President
8358 Championship Dr. #301
Memphis, TN 38125
Social Securfty # 037-30-9945
Franklin Thimas Driver,
Vice President _
6710 Kirby Oaks Lane:
Memphis, TN 38119
Socf.al Security # 335--26-9789
William Augustus Martin,
Secretary
21.28 Spring hollow Lane
Germantown, TN 38139
Social Security # 182-32-4322
b)
Insituform California, Ync.
3315 Democrat Road
Memphis, TN 38118
phone (901) 363-2.105
0ffi.ce-r s : William Charles Wil.l.is, Jr.,
President
8358 Championship Dr.. #301
Memphis, TN 38125
Social Security # 037-30-9945
Franklin Thomas Driver,
Vice President
6710 Kirby Oaks Lane
Plem phi: , TN 38119
Social Security # 335--26--9789
j'7 • l 1 1' '`
..sari _ugust_u.J martin,
Secret°tiry
2120 Spring hollow Lane
Gennantawn, TIT 38139
Social Security 1 102-32-4322
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INSITUFORM CALIFORNIA, INC.
3315 Democrat Road
Memphis, Tennes--ee 38118
(901) 363-2105
March 16, 1992
To Whom 1t May Concern:
This is to advise you that Pulliam H. Chase, General
Manager of Insituform Southwest, is authorized to sign
contractual documents as it .relates to work being dcone by
Insituform Southwest.
InsitufGrt California, Inc. ("ICI") is a wholly owned
subsidiary of Insituform of North America, Inc. and, as
such, IC1 recognizes their authority to pact on the be -half of
ICI.
W2'.M/ ji.
Very truly yours,, �
Wi11? a:a «. Martin
Socretarry
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NUPIPH CALIFORNIA, INC.
3315 De.Aaocrat Road
Memphis, Tennessee 381.16
(901) 363-2105
March 16, 1992
To Whom It: May Concern:
This is to advise you that William H. Chase, General
Manager of tnsi.tufornt Southwest, is authorized to sign
contractual documents as it relates to work being dory,, by
Insituform Southwest.
NuPipe Califoznia, Inc. ("NPCI") is a wholly owned
subsidiary of Irsituform of North Anerica, Inc. and, as
such, NPCI r_ecogni7es their authority to act: on t1io beha1 f
of NPCI.
V(_ir-y truly yourj.-, .
// / Wit✓ l.-il1 •,.l• i % I/ i
William A. .darti n
Secretary
0
Prw+,Y'4
CERTIFICATE OF � : �g� I�SJEDATE10fl .. 9-7 a
PL Cl9! , ..
THIS CERTIFICATE IS SSUEU AS A MATTER OF INF ItMAT oR ONLY AND
M, 3 r 5 T1 McLennan I n c o r t, r r d t 3 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE r
COVERACiE PFFORDED BY THE
P 0 B d x 2545 POLICIES BELOW.
N a E h v i 1 1 e, T 1d 37219 COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A AETI;A CASUALTY & SURETY CC).
COMPANY
1%t'UR_D LETTER E1 PFDERAL INSURA14CE CO
INSITUFORM SOUTHWEST COMPANY
718 S . PRIMROSE AVENUE LETT€Fl C
MONROVIA, CA 91016 cOI+IIANY
LETTEP. D
LCTTER E - COVERAGES
-
I
THIS IS TOCERTIFt THAT THE POLICIES OF INSURANCE UsrED'SELOWHALEGEENISSUEDTOTHEINSURED NAMED ABOVE FOR THE POLICY PEMODINDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CWITRACT OR OTHER DJCUMENT V-11TH RESPECT TO',VI11CH TH:S CERTIFICATE MAY
BF ISSLIED C;i MAY PEA TA(Ii, THE INSURANCE AFFCROEr, GY THE POLICIES DES,-,AIBED HEREIN tS SUNECT 70 ALL THE TEFA!S.EaCLUSIONSANOCONDITFONS
OF SUCH PCLICIES, LIMITS SHOWN MAY HAVE BEEN AED',1CC-D BY PAID CLAihIS. ;
co TYPE OF INf11PANCE rOL10Y NUMBER POLICY EFFECTIVE POLICY EXPIRATION LiMtT'8
LTA 0ATEIAIMp0YYj l7ATE'+dMU0Y1'j 1
A CENt FIAL LIA&LRr t 0 6 71 C Imo3/ 01� 3. O l i 9 3 GCN:R'L t3GREGATE s 10000061
1: COMMEACIA. CENERALUABI,.I+Y PR�)DJL75 CJIAPOP AGG s 100 0 C 011
CLA'W; MADE X OCCUR POISONAL d ALV INJURY s 10 0 C 0 0 0
OWNER'S A CONIAACT04 S 1`93T. EACH OCCUt+ ;_NCE s 1.13 0 0 0 0 0
FIFEGIMAGEIr.-vont,If*) s 60000
14E0 EtPENF1E (A-) ve F'e'sc-, s � 0 0 OI
A AUTOMOBILE LIkavrY r� F J 2 Z 3 6 6 7 16 C C A "- 3% or,
X ANY AUTO
A'-L C WNF.D !Ci'C S
S:HECU,ED4JTO5
a;gQ:'JP..1'y
- F.YCESS LIAF'LTTY -i ~ " q 1 •! ., T_�
v .:RhCR S COW NS.ATIGN
AND
EMPLON ER::LIAC.LITI
CcWa';ED S
L,1I T
LA 0:"
s 1.000000!
s
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31 U I J �j a.-i ---- -i rE�: C = �Tl 1 u V l '
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CASE A-" F%",01:E
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CE'a:.I':r;ICNOFU^ERd.11.:1r„C'ATlO'+i�E'p:LCSS^CCIALFTEIt:-_��_-_ -- �--
C1TY HUNTINGTON 2EACH 1.9 Nr%PED AS ADDITIONAL INSUIRED ON --- "FFAL
L:1,13:LITY C'.''FIiAG?S AS RESPECTS: TOWNLOY -WER REIiAHI1.ITATIGN ; :�CGKAIII
f I SZF R LI'.; iilG CC-537
. ---_- ----
CCI1TIr-aC,.'I c HGL rEI'i CANCELLA'110H -- -- -
:N^U:D C" TH= t.EO\'E c ;D rh . L` EE CA':.•=iLED EEGL7,[ THy
- T' _ Cr H1111 I:,GTGa . CAC'ti 1} T _
f C• Tc E7�Or TrF, 'E `lio CC1, FAIr'Y 1';ILI F►17FJ4J:7fti,P�1':..
;� -L -.hy5 1': n'iTEN NO) I;•T..t. C F" �1 v_ i TE I+r' ri NAP.4 D TO TI+E
-'!+1 T N PEACi; CA 43 LEFT
dJ:�.-t1.,lidi i�l:�1iIL:.S:.:,istlCF:�1�:y1..1'L•'iM iE.� :.: _ y ,. AFC .• •hDLiF;A _]i�':7i1'•:t
i.1'.±:r:l�L"h:As .fir: t.'.`ly•\I'l.�.Yi\/•,,�1?w IS 1; �.A r 1,., / 7,T T}Ai�.J'E�r...
C1,ILiil�l,70,i, CJi,
By Di:','aty C1ty Ac;;:0. A'JTIf:11,:1DNE.+'hiSENTATIIE
ACORD 25.S (; `".? 1 / ACORD CORPORATION ltM
4{I7,16 ,
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P.O. BOX 420V7, SAN 17PANCISC4, CA 94142.0807
COMPENIATiON
FUND CERTIFICATE OF WORKERS'CUMPENSATION INSURANCE q(,
OCTQBSR 1992 [OUCYNUM111111111t; 1265421 - 92
CERTIFICATE EXPIA1:111- 21 5 - 9 2
CITY OF AUNT'INGTON REACH
DEPTA OF BUILDING & SAIFETY
P.O. BOX 190 ,0.
'Ve
HMINGTON BEACH, CA 52648 JOB% 10 EMPLOMS
TOWNLOT SEWER REHAB
PROORAN (111EWFER LIN111G)
L CC- 831
This it to certify that ,Vt hAV5 4161ed I Valid Wcrkers'Compensation insurance policy in a form approved by the Califormlis tiA. ev
Inswran.-I Commissioner to the employer named below ".r the policy period incticated
30
This policy it not .object to cancallstion by the Fund except upon wR days' iedvance writun notice to the employer,
30
We will also give you T#N days'adysince nwize should this policy be cancelled prior to its normal expiration,
This certificate of insurance is not in intirince policy and does not emend, extend or slier the .overage afforded b - the
policies litted haisin. Notwithstanding vy requipernmt, trim, or condition of any contract or other docurnerso, with
reaped to which thi; certificate of inwimince rosy be issued or may pertain, the insurance afforded !P,, the Policies
described herein is subject to all the terms, exclusions and cinditi:)nii ,f such PAMDENT
EMPLOYSR L I An 11.1 TY LIMIT: J 000r 000 PEP. oCrURR L. jjCR
ENDORSEMENT t2065 INTTTLrD CERT177CATE HOLDERS' NOTICE IFFEr'l-IVE
10/02/92 IS ATTACHED To .4111D FOnti.8 A. PAR" OF THIS POLICY
SPEC: MEN F 1; LOR S MENT 120135 TA C11 E D
-4
P 'I'dC, 0 74 C 3 6 y
_i3,517UPORH 0? NOR76 ANER:C4, INC.
Dex. INE17UPORM SOUR7XWES,C
71^0 PRIMROSS AVE
AUNROVIA CA 91016
r
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TI
. � CERT'IM'S TE HO DER.S' NOTICE
ttrtit���N�ltt
FUND ENDORSEMENT AOREEMENT
HOME 01'F1C!
SAN FRANCISCO
JkLL EF!lI, yt DATKS ARI
AT 12:01 AAA PACIFIC
11ANDARD TIMI OR THE
TIME INDICAf IA AT
PACIFIC ATANDARD TIME
c
20-00-354
EXHIBIT C
"''THING IN THIS POLIC`I. TO VAE C014TIlARY NOTWITHSTAMING, IT
IS AGREED TEAT THIS POLICY SHALL NC'1: BE CANCELLED UNTXL:
30 DAYS
AFTER MITTEN NOTICE OF SUCH CANCELLATION HAS BZEN PLACED IN
THE MAIL BY STATE FUND TO CURRENT (IOLDER r OF CERTIFICATE OF
WMaRS' COMPENSATION !NSURANCE .
NOTHIN I TJI1S ENOt��SEMENT Ct)NTAINEO SHALL SE HELD TO VAf1Y, ALTER, WAIVE
OR WIrL L 11?_N18-Vi' 1t E TERMS. CONCIT1ONa, AGREEMENTS, ON LIMITATIONS OF THIS
POLICY 0THEA'1'H,A. S AQOVF STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL SF
tiIEI,C� T mY, WA R LI HE CMS. N r NS ' cE I Off UW-
TAi 10 SNIS � S
CC?UNIZRt IGNEU a S: E':fi N F IS: I
b1Sb +UTHORISEa REPRIESENTATIVE PRE5IDW
I?, n ffN .,•
�... ;•� `., ;'.;ter ,
't'•jr�
� awws
2
40
STATE P.C. B 0 X ,20P,D, FnA'JC15CO. CA 94142 ^9n1
CQM1ti1111NGATI0N
11V8uPit ArwCR
FUND CERTIFICATE OF MAKEFIS' COMPENSATION INSURANCE
C'CT00ER 2, 195.- f1.'LWYYUMBER: 1265421' - 92
t:rFMIACATE ExrIA1 S 2 — 1 5 — 93
t CI'TY Of HUNTINGTON REACH
DEPT OF BUILDING 4 5,NVETY
P.O. BOX 190
HUNTINGTON aEACFI, CA 92648 JOB: 17 EMPLOYEES
TOWNLOT SEWER H!°h:+9
PROGRAM (SEWER LINING)
CC-657
This is to certify that we have issued b valid Workers' Corripersatlon 4rtsurarwe Dopey jr a form aprirov'ed by tha Ctilifornie
Insurance Comm;%%lejret lr. the (Mil Ayer nbrnea below OC( th! FO' ,^. , lrt.� !tIC!i,'dt!lf
30
This policy is not subject to cancellation by the Fund ?+anent unnn V2 days' wrirt0j'1 "mce to the employtir
30
we will also give you TRW dayt' aciv ince notice shbuld th's prt iry rJe ranceiled (1ri :r to 't: ').r' 7'dl ctp'rattn'1•
This certifir:ate of insurance it; not an insuraitcv pciicy and doo4s not amard, exterd or alter the coveragr afforded by the
ool:cies listed herein. 'Vo;w.thstanding any roc;uirementr term, ur coitd:tion of any contract or other 6, Cument vrllh
respect to which ,h:s certificate of insurance may be issued or may perta;nr the inituarice afforded by :he policies
descrilx7 here'r+ :s subject to all the fermi, ev( lus'oni a^d CQ'Nd:`07: c' sutf' pot C es
f
,411 a:i, n- tiT
I?P.PI.UY£k' S LIAl9I ►.I TY 1,1MIT: 3 3, 000, 00C i°n 0CC.URn:.:J: •r..
::4DOF5EMSN 12065 ZNTITLED CERTIFICATE f:ULDFRS' NOTICE BPYtC ?V1a
10/02/91 is A—, ?.CHEp TO mm rml-1J ,�. Pi,:?i Oi' IIi,5 PC':.:Cy.
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HOME OF#RICE ENDORSEMENT AGREEMENT
$AN FAANCISCO
ALL EFFECTIVI DATE$ AFtj
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EXHIBIT
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ANYTHING IN THIS POLICY TO THE CONTRARY
IS AGREED THAT THIS POLICY SHALT. NOT BE C NCELLED UNTIL:
Il
UYTII.
30
AFTER IL BY
NOTICE OF SUCH CANCELLATION IH.As BEEN P
THE r�tAIL BX STATE FUND To CU.
WOF,KERS' CGMprNSATIQN `R..NT HOLDERS OF C^RiZ ` I TEAOF'I
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01i !<xT�� T,laj� UH•SEMENT CONTAINEr,' SKALL tiE HELD , 0 v;lrj ,
ZF VNE TEAYS, cQNnI`IQtjS, AU�'I:cMt i'1rS, OFJ „. ALTCR• :j.`,p,E
POLICY QTI�f"Fj llpHA S .ZklnwE LI„ (� 1T101I
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REQUEST FOR CITE' COUNCIL ACTION �;� ,
C'r -
September 8, 1992
Date ____
Submitted to: Honorable Mayor and City Council ,11'PItUV LD I3Y CITY COUNCII, tt
Submitted by: Michael T. Uberuaga, City Administrator =
Prepared by: Louis F. Sandoval, Director of Public: Works f
�ctTTt
Subject: TOWNLOT SEWER REHABILITATION PROGRAM/LINING OF EXI.STatTIG
SEWER MAINS, PHASE 1, CC-837 j
Consistent with Council Policy? Yes [ J New Policy or Exception
Statement of Issue, necommendation, Analysis, Fundinn Source, Alternative Actions, Attachments:
STAT>F,MENT 51,1E_—__.._._.. �_..._.._
On lime 15, 1992, City Council authorized the call for bids for the Townlot Sewer
Rehabilitation Program/Lining of Existing Sewer Mains, Phase I; CC-837.
>iACo DA33 N:
1. Accept the low bid for CC-837, Lining of Existing Sewer Mains, and award the
zontract to Insituform :southwest, 718 Soutl; Primrose Avenue, Monrovia, CA 91016.
2. Authorize the Director of Public Works to expend $105,089 to cover contract post of
$90,990, estimated construction change orders of J9,099 and anticipate-d ,.'.:ppl(:rnental
costs of $5,000.
A NAUSM
the total project ,vas estimates.+. at $120,000. One bid w:i•; :-,,ceivcJ ':,n Augur,i. 18, 1992,
and is shown below:
CQtltraCtc��j Fli.d Am tin*
insituform Southwest ; nO,C)t1D
Staff ras reviewed th'a bid proposal and recommends the accept :)r?: of tll_ 1n-ittiferril
SoutIVATSt bid. Receiving only one bid is not surdrising, since tid:; is soe,-ialty
Contract Amount 90,9"1 (1
it Anticipated Change Orders n Uq9
''° Stipple n)ental Expenses : 000
PLC 5/ri;
NOTE
1+ StanJard 1017•') administration Change Order 1ii:pit p•�i City C'ouncit 11,cEc1ution
Number 4;"». Examples of pos:ibl(e change o;:'.•i.: ir.ciu,,jo c:h:angc.s in field
Coi-0itions, winvailable ra?ate ials, weather deli'.?'�, error's in the plansor chiinS'C(i
City ;cqui-':rnents.
Soil testing,, v.ater service, etc.
J
I
s�wrw
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10
Townl%St Sewer Rehab. Prog./
' Lin!ng of Existing Sewer Mains; CC-837
September 8, 1992
Page 2
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EUNDM S[ IU—RC =;
Sufficient funds for this project are budgeted in the Sewer Fund, account number
E-SL-PC-837-6-76-M.
v
Reject bid and direct staff to re -advertise or abandon the protect.
A�T,fACHMEN7'S
None
MTU:LFS:SK:dw
3309g/3&4
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,
I
RECEIVED BY:.,-/;
T76asurer's Office
DATE: AuqLLst-18, 1992 - 2 p.m. PROJFZ."L R Stave Kreiger
MZMM'S MSTIMM: 120 K
JCE3 TITTZ IND LC# Townlot Sa,?er, Rehabilitation Program Phase I CC7
Title
I. C K Cbnstructim
'.*Lbtal Bid Amount
2. Foti Construction
3. Southwest
4. G. R. L_-�Kerve.y, Inco;poEated
QLA6.M
I
eq
5. Max -Susw
6. Mike Masancvich Construction
7. Seven C's Construction
8. h1esthunie Pipe
Q. Zaich Cm-mtruction, Incorporated
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Rj'M1 �1.A,.NCE 13ZTST_TnA1TGE C0_T\ :Pj)1 W_y,
I HOME OFFICE, PHILADELPHIA, PENNSYLVANIA
Bond No. - __..
BID 130ND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMEN, NO. A•310 (FEB. 1970 ED )
KNOW ALL MEN BY THESE PRESENTS, THAT WE IN51TI)FORH SOUTHWEST
as Principal, hereinafter called the Principal, and the RELIANCE iNSURANCE COMPANY of Philadelphia,
Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinaf-
ter called the Surety, are held and firmly bound utlto CITY of HUNT I11ctON BEACH, CA
as Obligee, hereinafter celled the Obligee, in the sum of TEN PERCENT (10b) OF AMOUNT B 1D
D'111ers (S ),
for the payment of which sum well cnd truly to be made, the said Principal and the .Said St!rety, bins our.
selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly rry these
presents.
WHEREAS, the Principal has submitted a bid for TOWNIAT SEWER REHABILITATION PROGRAM (LININS OF EXISTING
SEWER MiANS) PAHES 1, CASH CONTRACT NO. 537
NOW THEREFORE, if the O; shall accept the bid of the Principal and the Principal shall enter into a
Contract with the Obligee in ac nce with the tr.•rrr,s of such bid, and give such bond or bonds as may be
specified In the biddino orContrL. lments with good and sufficient surety for the faithful performance
of such Contract and for the prompt ,. rit of labor and material furnished in thu prosecution thereof, or in
the event of the failure of the Principal �r such Contract and give sect, bond or bonds, if the Principe,
shall pay to the Obligee the difference Etc., 1'ceed the penalty hereof between the amount specified in
said bid and such larger amount for which t linee may in good faith contract with another party to
perform the Work covered by said bid, then this c. -n shall be null and void, otherwise to remain in rill
force and effect.
Signed and sealed this 16TH
COR•2305 Ed.10.73
FUG T A.D,19 92
11.'` I T UFOii;
IIIiIE.
RELIANCE INSURANCE CCOAPANY
`.'. J. : 8 Jet., ATT
- I11—FACT
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�.Y. �_ .1 A �C JI-'. L .7 rJ 1d1� �'y� J'. C O �• a P . '4 .i
HEAD OMCF., PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
•
KNOW ALL MEN BY YHESE PREStNiS. That tn^ RELIANCE INSURAN`C►E.171"KIPANY, a corporation duly orCanized un- ' Ine law,, of the C)Wt;
Perinsylvams. dney nereby.7take. constitute t ,d appoint Craig S!Rith, J. joe iti Ate, Donald E- 111-
Holliday, H. A. Stitright, Jr., P:,tri^ia A. Pu,nar^, Richael 1). R-_aan, F. J. Pe:.. .i, Jr.
Michael B. Mattox, individually, of Nashville, D,,rmess
its trite and lawfu! ACothty•in-Fact, to make. execute. seat and oe!iver for and on its behalf, an0 AS its act ind t1,00 any and all i, '1C2s
and undertakings of SaretyshlP, _
an to oind the SCL1ANCE INSURANCE COMPANY thereby as fully and to the Stme extent at if such tv-nas and undrn3+t,ng5 and other will
obligatory in the nature thare�f were signed by an Executive Otticer of the RELIANCE INSUf ANCE C010 ANY and ;wiled and :+milled by one off. J
Of such otY,CerS. and h)re:,y ratifies and uynf.rms ill that CS SC.d Anomey(t)•it, -Fact maydo in purSCrrnce neftof
This Power of Anorney is grantod under and by authority of AMC& V;I of the I7y•i-aws of REWANCE INSURANCE COMPANY whiCu hecuf-..
eff-Clive Sepfemor'•r 7, 1979. which provisions are now in full force :.nd efleCl. Imadinp as (OIlONti
ARTICLE b1I - ?YECUTION' OF pOf,U'. AND UNDERTAKINGS
1. Tne Board Jf Direclorn. the Pre�idenL the ChOrman of Me snare my Seriior vtee Presi,lent. Ar.y Vice P•'e510en1 or Ass:stant Vice Pres•7•:ni
of other officer deVgnated by the gourd c'f Directors shall h.^.va power anj authority to fril appcirl Allot r,eyi in -Fact and to at,;nor.;e mem to execute
on behalf of the Company, bonds and undertakings, fee-ignizances. Contracts of injen^le and olnef wnti- js otiglAtory in !ne nature Inere.l...,d tc)
to remove any suCh Attorney. in- Fact at any nme and revoke the power and authority given to him.
2. Attorneys•in-Fact shall have power and nulhonty, suolect to We terms and limitations of life pfiv.ef of anzrnny issues I9 them, to ezeeute
and deliver on behalf 01 fhe Company, bonds and unasnakings, recognitances, contracts of indrnamy, and Cfhyr v.ritinps Ot!.gatcry n the natuffS iherC4f
The corporate scia; is not nece SGAfy for the validity of any bonos and undertakings, recodnizdncYS. contrasts Cl .nvemn,ty and olnet ,aril,ng5 obh;attar,
in the nature theraroi.
3. Attorneys -in -Feet shall have rawer and-uthority 10 eteCule ahidavits required to be armClied to bonds. ttKngn,ranCCS coniffiCtO of indem-
nity or other Corditfonai or oblipolory undertakings dhd they shall also Have Dower and aumOhty to certify Cite Imancfal SlAteh,e it CI the Con,pany and
to copies of the By -Laws of thv r, ,mpany or any article or section thereoi.
Thq:. Gower Cl attorney it Signed and scaled by facsimile Wider and by aolhority of the following Resilul-nn adopte7 by t,-e ria-d of LLteCtn:S of
RELIANCE WSURANCE COMF ANY at a m rung held on the 5th day of June, 1079. at wh�cn a aucfum was wertlnl. and said ReSb:ubCn tias rci bran
mendco cr repealed.
• Resowed, that the signatures of such eaevvs and Ct!iCCrs and the :?al of the Cc`mpany may be .l ri it" to ary pr,,v^r
of attorney Jr any ce.rt.hG9te relating the,tim by facsim;!c, arc, any 5u•:It pcwft of avorne/ or comb C'.'C nr'nf,rr•1 S,,ch
facsimile ,.gnatures or 1aWimile SA31 Shall be valid and b.nd-.,.q l,pon the Company and any SUCn power So estcuw_- ant!
CL'rPhed by facsimile !i9r.ature5 and fa Cs,m,le sell ;hall tr. valid .'tnr7 bin0:ng upcn in,.! Company in the future A.'! rpq, ^Ct
10 any bond Pr undertak,ng to which it in, at:tcr,e.d -
IN WITNESS WHEF•t_OF, the RELANCE INSURANCE CO�.IF•ANY ha, raused tn•;t.e presents ir, br signed by M ViCC PICSIUt•rl 3n7 ils cLrp;; .,•r,
to br heto a:t,.ed. lens 7UI day of CCt 0Lk _-r I.
• Vr �H` ,
�CI.IA;JCE INSURANXE C,O'.WA :r r
Vice Flr:tdel.t
1'
STAIC or Pennsylvania 1 s_
COUNTv v- philr:�IPhiU 1
Cf, 1mr, 7U1 day of oct;r b,_7.r r' - . pu,Somi.!V :ir.v,e 7•nd Cnarh- L' . ._..:il:"i
to ine ,.nown to be me Vtce-Pfesidenl of Inn, RELIANCE INSURAr,,: CC: :!f Ar1Y. 1r,1 rckno�%leC;t!cl ,.`•,t n„ c,c: a;••7 a'l�s.ipn InF f:. �,1 r .l
ins!rumeni and Witized the teal of roil Ct)rnrml,on ttierric, and Itt;, e.••';,U Vii. Se•cnon 1. 2, and 3 of tee 9,•L:4.s U! '10 .,i •,:,.;cy and Vitf Fe•, ,..,-
,+'n. 9•rt loran tnvee•n. arc St 11 11 fv" Ic.rce
My
Febru r�r .1993J'.a1G
,Ave T e•rrr+,-Irw. �.!;•di.s 7I L�%.1 ,�:.tC �I I i';1.. 4 V
Anita ZiF�r rt.I 'r ' � 1;,3UiAd.L G�hVAr'1'. .t', ,l :tit-
antfn•r.io'rq ,s a tr„e ,-n7 : rurrCt copy of a Pawt,r of g1aineyl/r.11+ ' Lit/n� }',�1i1 ELIANCE lt4SLjn_l,,C',C CO%i;:.•j'- .. �., h.a tor- r.n
C ti_�: fla Ij.jyA r Y 1
11. •'.:' ' Y r.
, 1ti o: ry t..t.,Rt C ,n IN t:'iTr1E55 TLI, 'U/ Ir 1i.f
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SECTION C
PROPOSAL
for the
TOWNLOT SEWER RKIABILITATION PROGRAM
WIMG OF EXISTING SERVER MAINS)
in
MAIN ST. BEiYWE..F.FN ADAMS AVE. A LOMA AVE. AND 14TH ST.
BETWEEN LOMA AVE. & 13T1H AVE. AND AN ALLEY BOUNDED BY
CREST AVE. do MAIN ST. AND 13TH ST.& 14TH ST.
CASH CG,*f !! CT No. $37
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND I4+.,EMEERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In rornpliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and
agrees to po fa m all the work therein described, and :o furnish all labor, material,
equipment and iicident insurance necessary therefor, in accordance: with the plans and
specifications on file in the office of the City Engineer of the City of Huntington Beach. The
undersigned agrees to perform the work therein to the satisfaction of and under the
supervision of the City Engineer of the City of Huntington Beach, and to enter into a
contract at the following prints. 'The under -signed agrees to complete the work within 30
working days including pipe delivery, starting from the date of the Notice to Proceed.
BIDDER declares that this proposal is based upon c amful examination of the work site,
plans, specifications, instructions to Bidders and all other contract documents. If 61is
groposs] is acccpied for award, BIDDER agrees to enter into a contract with AGENCY at
the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER
understands that failure to enter into a contract in the manner and time prescribed will result
in forfeiture to AGENCY of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities
set forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be bard upon the actual quantities of work
satisfactorily completed. TIME AGENCY RESERVES THE FIGHT TO DELETE ANY
ITEM FROM THE CONTRACT. It is agrees that the unit and/or lump sum prices bid
include all appurtenant expenses, taxes, royalties and fees, etc., and will be guaranteed tur a
period of sixty days from 4he bid opening date. If at such time the contact is not awarded,
the AGENCY wif reject all
C-1
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bids and will icadvertise the project. In the sate of discrepancies in the movnts bid, unit
prices shall govtrn over extended amouits, and words shall govern over tigwrs.
If awarded the Contract, the unt'}rsigned gees that in the event of the BIDDER'S default in
executing the required crintract and filing the necessary bonds and insurance certificates
within 10 worVinS days Oter the date of the AGENCY'S notice of award cf corn act to the
11II)MR, the procwds of the security accompanying this bid shall Gecome the property of
the AGENCY and this bid and the scceptancv hereof may, at the AGENCY'S apti-,m be
co tsidered null and void.
Accompanying this proposal of hid, finds in the amount of d
which said amount is not less than 10% of the aggregate of the total bid price, a6equired by
the Notice Inviting Saaled Bids, payable to the AGENCY. (Phase insert the words "Cash",
"Certifiad Check", or "Bidder's Bond`, as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. LWe Received Bidder's Signature
ITEM ' MUT —ITEM WITII UMTMCE WIT EXTEMED
QUANTITY 'NRnTEN IN WORDS PRICE AMOUNT
1, 1,305 Reline 8" VCP per
Lin. ft. these specifications
@ 55%6-04 Dollars and
ra Cents, $ �d', 00
Per Lineal foot
2. 38 Re -open wrvice laterals with
each internal Nutter
-T,%e** {,l r.%4,%e
@. _I7oliars and
01
r :* • • � • },. �;,, +still'
.-
{
17 o Cl-nts ,3s, dCi s/c� a
Per Each
a
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77
ru; fF
14
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Y1� •7fFi,;n��iy �;,L'�:'r ; a:' a' `+ ••:� r+"M r'i �:i.
14
LIST OF SUBCONTRACTORS
Ia accordance with Government Cod- Section 4104 the BidOar shall set forth the ,name and 1 �
business address of each subcontractor who will perform work or render service to the bidder .•.
;, r , ; h•J t" on said contract in an amount in excess of one-half Yf one percent of the total bid and *-he
hw° porojon of the work to be done by such subcontractor.
P:•
IaM
Pardon
of Work
Name of Subcontractor wd Address
...►.r AIA de •• �4 �v w Yr , +tW
State License
Number
Z 'C G ee
Class
� a
By subs ission of this proposal, the Bidder certifies:
1. That he is able to ::nd will perform the balance of all work which is nog covered in
the above subcontractors listing.
2. ?hat the AGENCY will be furnished copies of all subcontracts entered into and bonds
burnished by subcontractor for this project.
C--2
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V�
1N+t NCOLLUSION AFFIDAVrr TO BE EXECUr'ED
BY BIDDER AND SVBM rMD 'W)TH BID
State of Cali.,ornia
ss
County of Omge
"// &a A +t t , being first duly sworn, deposes and says that he or she is
of ='1 r"A' krw " r i!24 " e-4d the party, making the foregoing
bid that the bid '_ot mre.�behalf
s nade in the inte! of, or on the of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and
not collusive or sham. ; that the 14idder has not directly or %%directly it.duced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded,
conspired, connived. or geed with any bidder %or anyone else to put in a sham bid, or that
anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communic: Lion, or conference with anyone to fix the bid
price, or that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that he bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay fee to any cerporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
.mil-.+1-r14- r4e.." ..��C�- l++/d•1'�
!'Name or Mader
L. IA. orl..--)
ignatur a t ,:r
tom► /// i., /711 C-� ^- -�
Address of Bidder
Subscribed and sworn to before me this t $ day of. , 19,E .
NOTARY PUBLIC -
W
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ary L. Lienherger =
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' ";++'P1yr+1.•,,...:: ••.r..:•,•a•Ic1y�!;`.`v'T,,'�r"?K•7":Y?r`,:1�, r
CERTIFICATION WITH RF ARD TO THE PERFX)RMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRAf.`T5 SUBJECT TO THE
EQUAL OPPORI'UNITIi CLAUSE AND TILE FILING OF
REQUIRM REPORTS
The bidder jY, proposed subcontractor , hereby certifies that he has e_ has not ,
participated in a previous contract or ;Y.+bcontraet subject to the equal opportunity clause, as
required by ixecutive Orden 10925, 11114, or 1 M6, and that he has _., hes non .,_, ,
filed with the Joint Reporting Committee, the Director of the Office of Federal Contract
Compliance, a Federal Cvvernment contracting or administering agency, or the former
President's Committee on Equal Employment Opportunity, all reports due under the
al plicable filing requirements.
tractory�
L'.1A . C
TWO
Date:
NOTE: The above certification P; required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 50-1.7(b)(1)), and must be submitted by
bidder and proposed subcontractors only in connection with contracts and subcontracts which
are subject to the equal opportun4y clause. Contracts and subcontracts which are subject to
the equal opportunity clause are set fort, in 41 CFR 60-1.5. (Generally only contracts or
subcontracts of $10,000 or under are exempt).
Currently, Standard Form 100 (FE04) is the only report required by the Executive Orders
or their implementing regulations.
Proposed prime contractors and subcontracts who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should
note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such other period spczified by
the Federal Highway Administraticn or by the Director, Office of Federal Contract
Compliance, U.S. D--partment 3f La,)or.
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U11MY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY Off' RUV".CINfi'TON BEACH, CALIFnRNIA
Gentlemen:
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The undersigned hereby promises and agates that in the performance of the work speciited in
the contract, known as Townlot sewer rehabilitation program (sewer removal and
replacement), (I)(we)(it) wM employ and utilize only qualified persons, as hereinafter
defined, to work in proximity to any electrical secondary or transmission facilitirs. The term
"Qualified Person" is deiincd in Title 8, California Administrative Code, Se - 'ion 2700, as
follows:
'Qualified Person: 4 person who, hs, reason of experience or ikiruction, is familiar with
the operation to he performed and the. hazards involved.'
The undersigned also promised and s,grees that all such work shall be performed in
accordance with all applicable electrical _:flit} company's requirements, Public Utility
Commission orders, and State of California Cal-MdA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are
binding upon any subwntractor or subcontractors that may be retainA or employed by the
undersigned, and that the undersigned shall take steps as are necessary to assure compliance
by any said subcontractor or subcontractors with the requirements contained herein.
Datc: AgAl,
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Title
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DI QUA.uLFICAUON OIJF MONNAIRE
In accordance w'th Government Code Suction 14310.5, the Bidder shall complete, under
penalty of perjury, the following questionnaire.
QUESTIONNAME
Has trio Bidder, • .:; officer of the Bidder or any employee of the Bidder who has a
proprietary interest in the Bidder ever been disqualified, removed or t4herwise prevented
atom bidding on or completing a Federal, State. or local government project because of a
violation of law or a safety regulation?
Yes No I ---
if the answer is yes, explain the circumstances in the space provided.
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NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
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COMPENSKrION JNSUI ANCE CERTWICATE
Pursuant to Section 1861 of the Star Ubor Code, each contractor to whom a public works
contract has been awarded :hall sign the following certificate and shall submit same to the
AGENCY prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code wf. ch require every
employer to be insured against liability for worker',i compensation or to undertake
self-ksc.wce in accordance with the provisions of utat code, and I will comply with
such provisions before. co-nmencing the performance of the work of this contract.
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PMDAWS INFORMATION
BIDDEN certifies that the following informa-.,on ,s tr,.ie and con=t:
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Bidder Nattle
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UJSiiJf/IyCSS
y� ddress/
Telephone Number ,� y
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.Mate ontractof 5 License o. an ass
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Ungin 'Tiate issued
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xpiration bate
The work site was inspected by e "t of our office on
The following are persons, firms, and corporations having a principal interest in
proposal:
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:. N� .f „�' T}�1 jY' N•1 . i'�!�fY q'.:r 4Y'�t,e..Y�N,'.'• "'! ]�:;�"4.—i'•:\`r r:r,,..,, , y....n i'; nr 1'M�lP*�.T�'•.:• . 'TY`
The undersigned are prepared to satisfy the Council of the city of Huntington Beach of their
• ability, financiAlly or otherwise, to {,,norm the contract for the proposed wo-k and ,
improveme/,ts in accordance with th, plans and specifications Set forth. j
i n . npa y r�4 � t �•
i tuit of Bidder
Printed or Typed Signature
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ss 01 BidjerJ
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Telephone Number
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Subscribed and sworn to before me this _VQ& day of , 199ti .
t:, r� t. "` � a' �'�•i,':. ;•:y, ,, Gary L. Uenber�er
Co^!m 0963611 �1
TARY PURL4 • CALIFORNIAN' '
NOTARY PUBLIC �, ti- L69AMO�L�3COuniY 0
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Listed below arc the names, address and telephone numbers tar three public agencies for
which the bidder has performed similar work within the past two vcus:
Name and Address n
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Name and Telephone No, of Project Manager: Iawl'
_ ontmct Ablount -- —Type of Work - - ate Completed
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Name and Address
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Name and Telephone No. of Project Manager:_- 4e
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ntrac�rrount —'type oZ' ork Date Completed L "
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Name and address
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. ,. Name and Telephone No. of Project Manager:-
Contract Alnount ype o or —mate Completed
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'a■Y �^ , CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
�F ' "`'" •¢r '' - • FUNTINGTON BEACH AND FOR THE CONSTF'.UCTION OF
Ti1L TOWNLOT SEWER REHABILITATION PROJECT
x r:° '�' •.},,.•; rHIS AGREEMENT is made and into on this
day of , 1992, by and between the CITY OF HUNTINGTON;
BEACH, a municipal corporation of the State of California,
�SYy hereinafter referred to as "CITY," and , a California
4 ,� •y`* ,ICI
�•';" corporation, Leereinafter referred to as "CONTRACTOR."
WHEREAS, CATTY has solicited bids for a public works project,
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Townlot Sewer '!ehabilitation Project (CC-837) in the City of
Huntington Beach; and
: •'. ,a d;'`5 77 .";' WONTRACTOR has been selected and f.s to rerform said work,
: y• a,''. ' �J NOW, 1'3EFEFORE, in consideration of the romises and
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agreements hereinafter made and exchanged, the parties covenant
,�.; ��;,��' : �:`�, ;:t • and agree as follows • ,
1 • 1'A F _9 #iACCEPTANCE O RISK S r
CONTRACTOR shall furnish, at its own expense, all labor,
twl• ,f ;' plans, tools, equipment, supplies, transportation, utilities and 5 yjy{ly*'��ry
sll other items, services and facilities necessary to complete wnd
construct the PROI;ECT in a good and workmanlike manner. •r .�.•
*,• CONTY-nCTOR agrees to assume the risk of all loss or s. aa,l.
•+?;'''@ '
damage arising out of the nature of the PROJECr, during its
�•;•�" f J progress or prior to acceptance, from the actioli of the elements,
from any unforeseen difficulties which may arise or be encountered
in the prosecution of work, and for all otter risks of any
F. I description connected with the work, including, but not limited
14
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SAMPLE SNLY
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Chia f- r f; I 11 n Irf ormation
16. Insituform. Southwest is a partnership. The parLnerr
a:-o Insituform California, Inc. anti NuPipr-- California,
Inc.
;1) NuP,-pQ California, Inc.
3315 Democrat Road
hemphis, Tennessee 38119
phone (901) 363-2105
Officers: William Charl-s Willis, Jr.,
President
03A Championship Dr. #301
Memphis, TN 38125
Social Security # 037-30-9945
Franklin Thowas Driver,
Vice President
6710 Kirby Oaks Lane
Memphis, TH 38119
Social Security # 335-26-9789
Will.1-ayn Augustus
Martin,
Secretary
2128 Sp-rinq Hollow
Lane
Germantown, TN
38119
Socistl Security
1 182-32-4322
N • 'a
b) Invituform
California, Inc.
3315 Democrat Road
!1emphis, TN 38118
phone (901)
36 3-2105
Officers.
W.UliaLm Charles
Willis, Jr. ,
President
6358 Championship 5r. f301
Merrphir, "N 38125
Social Security 1 037--30-9945
F-ranklin Thuiras Driver,
Vick: President
6710 Kirby Oaks Lane
Memphis, TN 38119
Social Security # 335-26-9789
William AUCJUStUS Martin,
-y SecretaL
2128 Spring Hollow Lane
Germantown, TN 38139
Social security 1 192-32-4322
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IHSITUPORK CALIFORNIA, INC.
3315 Democrat Ruad
Memphis, Tennessee 303.18
(901) 363-?105
March 16, 7.992
To Whom It May Concern:
This is to advise you: that Wiliiam H. Chase, General
Manager of Insituform southwest, is authorized to sign
contractual documents as it relates to work being done by
Insitufurm Southwest.
Insitufnrm California, Inc. (''ICI") is a wholly owned
subsidiary of Insituforin of North America, Inc. and, are
ouch, ICI recogni-zes their authority to .act on the behalf of
ICI.
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Very truly yours„
Willidm A. Martin
Secretary
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ND'PIPS CALIFORNI.',., INC.
w3315 Dejm>Grat Road .. w .
Menphis, Tennessee 38118
(901) 363--2105
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March 16, 1992 n��.�k•�!'.
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To Whom It May Concern:
This is to advise you that William H. Chase, Genural
Manager of Insituform Southwest, is authorized to sign
contractual documents as it relates to work being done by
J Insituform Southwest. ,p
NuPipe California, Inc. ("NPCI 1') is a wholly owned ', ' • '';k: ;r.'
subridiary of Insituform of North America, Inc. and, as
i
such, NPCI recognizes the..r autho•:ity to act on the behalf `.
of NPCT.
ve z3r truly your,
G. , ,��%-Cif C � `-� !�'. {�� �� �•�,+,::'' �I ..1.
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William A, Martin
Secretary
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NOTICE INV! PING BIDS
CC-837
W .
Notice is hereby given that scaled bids will he received by the City of Huntington Beach, at the
office of the City Clerk at City Fall, 2000 Main Street, Huntington Beach, California, until the
hot:- of 2:00 p.m. on Tuesday, August 18, 1992, at which time they will be opened publicly and
read aloud In the Counc-1 Chambers, for the Townlot Sewer Rehabilitation Program (Uning of
Existing Sewer Mains) Phase 1, In Main Street Between Adams Avenue and Loma Avenue, And
14th Street Between Loma Avenue and 13th Street, And An Alley Bounded By liviain Street And
Crest Avenue, And 14th Street And 13th Street in the City of Huntington Beach.
A set of Plans, Specificat'lons, and other contract documents may be obtained or, July 13, 1992
. . . . . . .
at the Department of Public 2000 Main Street, Huntington Beach, C,allfornia, upon
receipt )f a non-refundable fee of $15.00 if picked up, or $20.00 if mailed.
Each bid shall be made on the Proposal Form and in the manner provided in the contract
documents. and shall be accompanied by a certified or cashier's check or a bid t)onrl for not less
17.
than 10% of the aniouat of the bid, made payable to the City of Huntington Beach.
The Contractor shall, in the performance of the work and improvements, conform to the Labor
Code of the State of California and other laws of the State of California applicable thereto,
with the exception only of such variations that may be required tinder the special statutes
pursuant to which proceedings hereunder are taken and which have not been superseded by the
provisions of the Labor Code. Preference to labor shall be given only in the manner provided by
law.
4-t,v
No bid shall he considered unless it is made on a form furnished by the City of Huntington Beach
and is made in accordance with the provisions of the proposal requirements.
LEO(
Each bidder must be licensed and also nrequalified as required by law.
The City Council of the City of Huntington Beach reserves the right to reject any or all bids.
By order of the City Council of the City of Huntington Beach, California, the 6th day of July,
1992.
6".
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City Clerk of the -Ity of Huntington Beach
2000 Main Street (714) 536-543t
3277g/13
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"STATE OF CAfUFOHNIA
County of Orange
I an; a Citizen of the United States and a
resident of the Cuunty eorwsald; 1 am over the
age of eighteen years, and not a party to or
interested in the below Antittled matter. I am a
principal clerk of the HUNTINGTON BEACH
INDEPENDENT, a newspaper of general
Circulation, printed and rublishvd In the City of
Huntington Beach, County of Orange, State of
OaGfomle, and Zhst =ached Notice Is a true and
Complete copy as was printed and pubfis::ed in
the Huntington Beach and Fountain Valley
issues of said newspaper to wit the issue(s) of:
July 161 23, 1992
I declare, undor penalty of penury, that the
iore'goirg is true and oorrea
Exemted on u 1 y 23 ,10 ?--
al Costa Mom California
Signature
PWIC IMT= haw not heart WI+}tar"o-
br ata praatM0la0 d low
Labs t:0'dt. P,rs1rW"9 10
INVITING OIOC Iabor OW 0s @Neh W* Ir
CC437 au nAMW PIdV4W by
1 Nodm Is homb ah7n ww,
that ttaMd NO WN be w NO .dd W" be ftMW-
csirtd tfw CNY a Flea MWd unless it Is W" on a
9rlptart at j,07mcr rum krromw by xri C.ry
Of tM Ck CWk a Mur+rlpt nsn Ovid,r1fW 10
NWfI, MW MMn 3hwi, a rnalls M Welrolfrw VAh
..«+1. oailkw- !! cr tliw f
Ak We hour at 9.90 e�r�4t .J�yyy���.-..�.�p `
p u�y 11��q i.[.fi11 Y.Y{.�Y .f�� 4i A.
1�4� 10fgtr 01 whldl i+w CWWd and M>0 p
W' WNl be 0psrlad puq %d as rla; : ,. ! ty Mbr.
tlaly MW rtWd Mold 1n a� raw Ct, cM, d nra
Coi,naff CiraerS.�IW 1a. aar rW�awvra 1" WM W 04Wci,
1'd�Wot IMIrYWr iic fYab�Mt�
von P f*Wm 01 torl Or afl bilk
MIW 31+w0► fRtiw V ti o 04-1 Court
L1n fIMMa 1rtiWW1 a of ft Myar M,rrrkq twt
am A+,Wrnlff war LOrda *W im
A,wlu•, Aral 140 Hisao dsy�p�, iMt•
eahrart LOW4 AM" and L tock W,
lilh BbWW1, AM An MW Ii1k Wf llttl Oily Of.
aaun"d fYy men for M1t11I d„ �rarola
wld Crew Avi,'rl+t, And OW Mrlh Woo V141)
r+Ial Wrom And 111ia 2W"
Coy of
%so%. "Wor'o°" Publishtd Hunttnol")
A tM of FMro% 806ahca• §"--h 1nOM MdWld -�-11yi
dots, WWw OOr*W 10. 23, 1"2 I
dOcu.wenM b9 otr 07i�i.6`
art Dsparbn` wll NY 1of fubk' -- ^—.
Works, "M Elam atrWWt,1
hl =:W0onn noslryt of a n61} r•I
rsfur wdrWra 1Wa 01 515.00 H
pkktJ W, a LiD00'.ft�
felah � shall }„ ��{/�•
0n atW f•rap"4 fyl'rr. and
In aM Na" drrt,Yrr.am:rOhidtd In
the cantrro► i•
and " 0* afto"Mul"
UQ6rV W ar tsxhar's
m e Md bond far nd
10100 than M of (fw
flowlt at the bid, lowde
prysbM to ft C a Nun.
tlnprdn Dent 1. The Corr
btciar 11WK in art Psr.
i MEM-e rt the VRA and
to
aaa ubm Code ofm"*
Milt of C,W ofta and
M*W laws 0t to 9W*6 A
C811101h1W appiicabis
th4**, wlrtl a,W lMCIPOW
Eof tu0h YWrtaidno MWb0 nroMrod unr%. tt+e
al slelutes pureumd tp
whfcl, prattsdrngs 14few.
11Wr ara taken Wnd vA)A&
PROOF OF PUBLJC&'MON -
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FILE GUIDE
Please file this document in:
Category: Labpl:
Established file
New file - Fee
Other:
08461
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REQUEST FOR CITY COUNCIL ACTION
June 15, 1992
Date
i
Submitted to: Honwabie Mayor and City Council :e
Submitted by: Michael T. Uberuaga, City Admiitf/str>� t , �1 7 f••^!!!:' ''..''?'�?�''
APPF.Oi�+rJ BY CITY CUUI�'GT ,k,:: �•'i�r. '.w
Prepared by: uis P. Sandoval, Director of Public Works f ! �
.....Y.�.r.�.__._..�—•yam — -- Ty. .:•� �}' r;� ,,
Subject: T2WN10T SEVER REH"tUTATM PROGRAM
LINING OF EXISTING SEWER MAINS, PHASE 1; CC-437 _ :'" •::''�:"
• wxr .p a
Consistent with Council Policy? [ X yes. [ J New Policy or Exception } ;�
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attarhrnents: -wew
Sk ITE4[FNT QF I=E:
Plans and specifications are complete for the construction of a portion of the Townlot
Sever Rehabilitation Program. The Public Works Department requests City Council
aaRu��thorizadon to solicit for construction bids.
RECOM—NDAMN•
I. Approve plans and specifications and direct the City Clerk to advertise for bids, and
2. Approve the attached sample: contract subject to award of contract to the lowest
responsive bidder.
ANAIJ:
In 19$8 Public Works received Coun^il approval to have the downtown, "Townlot" sewer
system inspected by closed circuit television by PSG sewer services.
When the inspection was completed and tapes were reviewed by staff, it was determined
that part of the system was deteriorating because of infestation of ra,,)ts and longitudinal,
radial and circular cracks in the inside walls of the sewer ma'.n.
At the time of the inspection, the only way to rehabilitate these types of lines was to
reconstruct the entire reach. Due to advancements in the industry, another option is now
available; a process know as Cured -In --Place Pipe. This process can be u.4ed if the line has
not developed major Sxwizontal or vertical misallipment and sags. The process involves
ele3ning, cutting the roots and installing a polyvinyl chloride (PVC) plastic liner inside the
existing c'.ay sewer main, and then cuttI4 hales for service laterals. This method of
rehabilitation avoids the need for excavation of streets or alleys, and it costs less than
excavation when sewers are very deep, as they are it: the downtown area.
L
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Townlot Sewer Rehab - RCA
June 15, 1992
Page 2
f,
The benefit of using this method of rehabilitation is that City streets are not tarn -up,
down time for the sewers is less, and there is less inconvenience to the public.
F • . q,r «t .
Engineer's Estimate; $120,U0%
This project is part of a five year program for which $240,000 has been budgeted for :his
year. On May 18, 1992, Public Works received permission from Council to appropriate
$50,000 of the $24000 for a sewer main that needs to be reconstructed in an alley
bounded by 17th Street and 16th Street and Pecan Aver ae and Acacia Avenue in the
Townlot area. Public Works has also appropriated $63,000 of the $240,000 for the
construction of manholes in the area. Therefore, $125,00,0 remains in the budget for this
project.
FUNDING-MECE:
Funds are deposited in Account Number E-SL-?C-837-6-76-00.
ALTERNAT'1Vl:ACC:
Deny approval of plans and specifications.
MACHINTS:
Location Map
Sample City Funded Construction Contract
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S A M P L E
CITY FUNDED CONSTRUCTION CONTRACT BZT'WEEN THE CITY OF
HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF
THE TOWNLOT SEWER R&HABILITATION PROJECT
(C(.-837)
THIS AGREEMENT is maaa and entered into on this --
day of. �, 1992, by &ad between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State uf California,
hereinafter referred to as "CITY," and _, a California
corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as "PROJECT." more fully described as the
Townlot So,zer Rehabilitation Project (CC-837) in the City 4f
Huntington Beach; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFOP"E, in consideration of the promises and
agreements her3inaf.ter made and exchanged, the parties covenant -
and agiee as follows:
1. STD 1T OF WORK : ACCEPTANCE OF R,-I $IJ
CONTRACTOR shall furnish, at its own expense, all labor,
plans, tools, equipment, supplies, transportatiuzi, utilities and
all other items, services and facilities necessary to complete anu
construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees io assume the risk of all loss or
damage arising out of the nature of the �77TECT, during its
progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered
in the prosecution of work, and for all other risks of c+ny
description connected with the work, including, but not limited
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to, all expenses incurred by or -1n consequence of the suspension
or discontinuance of work, oxcept !uch as are herein expressly
stipulated to be borne by CITY, and for well and faitlifully
completing the work within the stipulated t.Line and in the ranner
shown and described in this Agreement, and in accordance with tbe
requirements of CITY under them for the compensation set Eorth in
the accepted bid proposal.
However, the tot3l compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
a,-,:ordance with the stipulated prices named in the Bid Sheet(s).
2. LCCKkT"CF QE_r.0NnaJM5 - PLA12B -"_kLUJJ, _AJjJ2
,SPECIFIQTLQU
CONTRACTOR acknowledges that it is Cully fqmiliar with
all the terms, conditions and obligations of this agreement and
the Contract Documents (as hereinafter defined), the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of oll such matters and is relying in no way upon
any opinions or reprA.sentations oE CITY.
It is agreed that the Contract Documents are incorporated
into this Agreement by this reference, with the same fcrce- and
effect as if the same were set forth at length he.celn, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in parz or in any way,
directly or indirectly, to the work covered by this Agreement.
It Contract Documents" as defined herein mean and include:
A. This Agreement;
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S. Bondn covering the work her; in agreed upon;
C. The CITY S standard Plan,, and Specifications and
special contractual provisions, including those on file in the
office of the Director of Public 14, of CITY and adopted by
r.,lrv?��I li Y; t'",f', ,.'IfM�,•,'yyyyh+'. i.'.f Y"R�.. "'.1
'` r the City Council of CITY, and any revisions, amendments or addenda
thereto;
D. The 1991 edition of t nd Sra ,
,S� a r d .ems + 4 _ . _�
gjdblc Work unstr;�, published key Builder's News, Inc., 3055
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Overland Avenue, Los Angeles, California 90034, anJ all amendments
thereto, written and promulgated by the Southern California
chapter of the American Public Works Association and the Southern
California District Associated General Contractors of L-he
California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids,
the special Instructions to Bidders and the Contractor's Proposal
(attached hereto as Exhibit "A");
F. The particular plans, specifications, special
provisions acid addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications,
shall be of like effect as if indicated and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter ,}call be imme6iately submitted
by CONTRACTOR to the Department of. Public Works of CITY
(hereinafter referred to as "DPW"), w'_thout whose decision said
discrepancy shall not be adjusted by CONTRACTOR, save only at its
own risk and expense.
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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 Le considered as
an acceptance of the terms of said bid or proposal • ich is in
conflict herewith.
CITY agrees to pay and CONTRACTOR agrees to accept as
full compensation for the faithful performance of this Agreement,
subject to any additions or deductions made under the provisions
of this Agreement or the Contract Documents, a sum not to exceed
set forth in the Contract Documents, to be paid as provided in
this Agreement.
9 . COMa'IENCENEN'T Q:' PR• QJErT
CONTRACTOR agrees to commence the PROJECT within ten (10)
working days aft•_�r notice to proceed is issued and shall
diligently prosecute PROJECT to completion within. ( )
consecutive calendar day-- from the day the "Notice to Proceed" is
issued by Department of Public Works, exclxiding delays provided
for in this Agreement-.
9. TJM �OF THE ESSENCtE
The parties hereto recognize and agree ghat 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 a]1 othdr things necessary and incidental to the
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f prosecution of its work in conformance with the progress !^:hedule
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set forth in the Contract Documents. CONTRACTOR shall c;oc;rdinate
its work with the :cork of all other contractors, subcontractors
and CITY forces working on the PFOJECT, in a manner: that will
facilitate the efficient completion of the PROJECT and in
accordance with the: terms and provisions of this Agreement. CITY
shall have complete control of the premises on which the work is
to be performer'. and shall have the right to dr?cida the time and
order in which the various portions of the work shall he perfo;:med
and the priority of the work of other contractors, .subcontractors
and CITY forces and, in general, all mattear!7 concerning the timely
and orderly conduct of the work of CONTRACTOR on the premises.
6. CBAN05
CONTRACTOR shall adhere strictly to the plans and
specif;cations set north in th-. Contract Documents unless a change
therefrom is au'Chorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish ma'.:erials and perform all
work necessary within the scope of tho. PROJECT as the DPW may
require in writing. Under no c;ndition shah .'.ONTRACTOR make any
changes without the written order of the OPW, and CITY shall not
Fay any extra charges made by CONTRACTOR that have not begin agreed
upon in writing by the LPW.
When directed to change the worl►., CONTRACTOR shall sub.nit
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immediately to the DPW a written cost proposal reflecting the
effect of the change. Should the EPW not agree to such cot;:
jproposal, the wirk shall be performed �4ccordinc; to the chanq,--s
ordered in writing by tl,e DPw1 and the prol)er rest thereof shall be
I
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negotiated by the partupon cost- and nri^inn data :,ubmittucl by
the Co►1TRACTOJR; thereupon, CITY will pr.cmatly :in adjusted
change order to CONTRACTOR and the contract Price siil). be adjusted
Upward or downward according.Ly.
NQjT Tom_ I? o�EFQ
No work, ser•li.ces, iraterial, or equipmenc shall. be
perform; d or furnished under this Agreement unless and t: .ti 1 a
*'otice to Proceed has been r4iven to the CONTRACTOR by C:IT�,7 . CITY
does not warrant that the •.cork si.ta will be available on the date
the Notice to Proceed is issued. Ir event: of a delay in
coirtmencement of the 4ork due to unavailability of the iob s-.t:e,
for any rea, it, relief to the CONTRACTOR shall be limite,� to a
time extension equal to the delay due to such unavailability.
It , FQNaI
CONTRACTOR shall, prior to entering upon the perform-
ance of this Agreemaot , furnish the following bonds appro•ipd
by the City Attorney: One —,. the amount of one hundred percent of
the contra.-,t price to guarantee; the CONTRACTOR'S faithful
performance of the work, one in the amount of one hunduc-6 percent
or the contract n,i:�e to warrant such performance for a period of
one (1) year after CII'y'S acceptance therecf; and one: in the
amount Of fifty percent: (50`1'6) of the contract price; to quarant:eae
payment of all -lajms r=or labor and materials furnished.
9. WP,RRAt4'i'TF.S
The: CONTi.ACTOR urcui►ditionally guarantees all work clone
under this Agreerr,erit including, bat: not limited to, any
workmanship, installation, fabrication, tnater.ial or structural
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facilit_e:3 coil: tru,::t`d. C0MTPACT01,, I:ithin t:en (10) days after
notice by c.,rY cf any ciz ifect i;: t_1,c work, snall have the option to
mrxlie aparorri.ate rep�i4 r:. or :r. }lac.. t:he clr!fertivF i;:em or it-ms.
Upon ex,.ji-at_ion of srrc.:h ten (10) day period, CIIlly may then make
appropriate repair or replacem. 2nt at CONTItACTOR'S risk and expense.
10. jN',)rPrt,DEN'I i'(��yl'?2AC.'.TOR
It is undc: L s food and ag;: eecl that the CONTRACTOR i s , and
shrill be, actiijg at: all 'times hereunder as an independent
c:ontractoi and not as an employee ot: CITY. CONTRACTOR shay._
secure:, at it:s Expense, and be responsible for any and all payment
of income tax, social security, state disability insvrance
comioersation, unemployment compensation and other payroll
deductions for C014TRACTOR an3 its officers, agent's and rmpioyaes,
and all business licenses, if ar.y, in connection with the PROJECT.
11. L.JO rnF:.TrD_DADI ^I;,SDY
I:, is agLeed by the parties hereto that in case the total
work culled `ur hereitn:3er i not in all parts and requirements
finished or completed within th:, number of valenda': dayo as set
Forth !Ir.r virr, damage wi j.i be sustained by CITY; and that it: is,
+,ind woul(1 i)!. ir:,,practi.cal and extreiliely difficult to ascertain and
determine thri actual :lamaele which CITY would sustain in the event
of: and by reason cf such delay; it is, therefore, agreed that
CONTRACTOR will Day to CITY, as liquidated damages and not as a
ponalty, the sum of Dol tars
(a ) per day for each and every working day's de-*a•y in
completing the t<pr}- in excess of the number of working/calendar
dale se`., forth !ierein, which sure represents a reasonable endeavor
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by the parties hereto to estimate a fair compensation far the
Ecreseeable losses CITY would sustain in the event of and by
reasan of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may de(?u,ft the k
amount thereof from any monies clue or that: may become due to
CONTRACTOR hereundef.
CONTRACTOR will be granted an extension of time and will
not be assessed damages for any portion of the delay in completion
of t`ie work due to unf areseeable causes beyond the control and
without the Fault or n+.3gligence of CONTRACTOR, including, but not
restr5,;ted to, acts of God or of the public enemy, fire, floods,
epidemics. quarantine restrictions, strikes, unsuitable weather,
or delays of subcontractors due to such causes.
CONTRACTOR shall, .:4.thin fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a further
poriod of time: prior to the crate of final settlement of the
Agreement), notify the DPP? 4n writing of the cause of the delay
and CI'.'Y shall extend the time for completing the work it, in its
judgment, the findings of fact thereon jt•stify the delay; ;!nd the
decision of the DPW sha'l be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or
r_empletion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials require& by
this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not
responsible, or by the combined action cf the workers, in nowise
caused by or resulting from default or collusion on the part of
Nc claims for additional compensation or damages for
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CONTRACTOR, or in the event of a lockcut. by CITY, then the tire
herein fixed for the completion of the work shall be e:ctended by
ti.e number of days the CONTRACTOR has thus been delayed, tut no
allowance or extension shall be made unless a ^laim therefor is
presented in writing to CITY within fifteen (15) days of the
commencement of such delay.
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 CCt'TRACT('R.
(1) Notice: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement oz the Contiact Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing materially from thoce ordinarily
encountered and generally recognized as inherent to work of t't.e
character to be performed under thi- Agreement, The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause: an increase or
decrease in the time required for performance of ai.f part of the
work under this Agreement, whether or not clanged as a result of
such conditions, en egnitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) Time. x n�ion: No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given the
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notice required hereunder, provided, however., the time prescribed
therefor me) be exterided by CITY.
13. VAR7AT QIvS I!V 1':;�T1r4ATFD UAN 1_I�U. j
The quantities listed in the bid schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for
the actual quantities; of contract: items used in construction of
the PROJECT, in accordance with the plans and specifications.
Upon completion of the PROJECT, if the actual quantities used are
either more than or less than the quantities listed in the bid
schedule, the bid price shall prevail subject t:o the provisions of
this Section. The DPW may, at its sole discretion, when varranted
by the facts and circumstances, order an equitable adjustment,
cpwards or downwards, in payment to the CONTRACTOR where the
actual quantitiev used in construction of the PROJECT are in
variation to the quantities listed i,i the bid schedule. No claim
by CONTRACTOR for an equitable: adjustment in price. or time for
completion shall be allowed if asserted after final payment under
this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, the DPW shall
ascertain the facts and ci.-cumstances and make such adjustment for
extending the completion date as in its judgment the findings
warrant.
14.—?Rgf,Rtr.$S=.._pA_YMFN�
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the an:�unt of all previous
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payments since commencement of the work, will be paid to
CONTRACTOR.
.
When CONTRACTOR Iles, in the judgment of the DPW,
Eaithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will bring the payments of each
month up to one hundred percent (100%) of the value of the work
completed since the commencement- of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained
amounts. The final payment, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by
CITY. Payments shall be made on demands drawn in the manner
required by law, each payment to be accompanied by a certificate
signed by the DPW, affirming that the work for which payment is
demanded has been performed in accordance with the terms of the
AgreemenL- and that the amount stated in the certificate is duet
under the terms of the Agreement. Partial payments on the
contract price shall not be considered a:, an acceptance of any
part of tha wor}•:.
15. WITi,,U iT'I7t_, COtiTR&CT FUNDS,NHS7_MJTInN__QF' SE --itR IT
At the request and expense of CONTRACTOR, who shell
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the awourit of any morlie5 withhe'.d by CITY
to ensure performance under the terms and provisions of this
aaeeement.
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1.6. AFFIDAyIT501-:S1All, C.'I'IO14 aF CY,AIM.9
After the completion of the work contemplated by this
Agreement, CONTRACTOR s'.,all file with the DPW its affidavit
stating that all workers and persons Employed, all firms supplying
materials and all sunconi;rac&. upon PRQ�TFCT have been pa?d in ,
4' r:d�: •
full and that there are no claims outstanding against PROJECT for
either labor cr material, except: certain items, if any, to be set
forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under
the provisions of the statutes of the State of California.
17. K&IV 1 .OF CLAIM$
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of all claims against C'I'CY
under or arising out of this Agreement.
18. I,NQ" ICAT'ON. DEFENSE�Dj� %
CONTRACTOR hereby ages to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claim--, judgments, costs and
demandf,, however caused, including tr,os_ resulting from death or
injury to CONTRACTOR'S employees and damage to CONTRACTOR"i
property, arising directly or in-:irectly out of the obligations or
operations herein Lndertaken by CONTRACTOR, including those
::rising from the passive concurrent negligence of CITY, but save
and except those which ariso out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all. defense at its sole cost and
expense. CIT; shall be reimbursed by CONTRACTOR for all costs or
attorney's fees incurred by CITY in enforcing this obligation.
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19.
Pursuant to the California, a'r,or P Section 1881.,
CONTRACTOR acknowledges awareness of Sec tior. 3700 ec seq. of said
cods, which requires every employe: to be insured against
liability for workers' compensation; CONTRACTOR covenants that it
will comply with all such laws and provisions prior to cc^unencing
performance of the work hereunder.
CONTRACTOR shall maintain such Workers' Compensation
Insurance in an amount of not less than One Hundred Thousand
Dollars ($100,000) bodily injury by accident, each occurrence, One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, 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 term; of the
Workers' Compensation Zn;:urarce and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
26
CONTRACTOR shall car.y ai: all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, properry damaga,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotiv4�• bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
PDAk 5/92382 13
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for all or:ezations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
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non-ownedvehicles. raid insuranca shall name the CITY, its
officers, agents and employees and all public -igZncies as
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determined by the CITY as Additional Insureds. CONTRACTOR shall
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subscribe for and maintain said insurance r)olicies in full force
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and e,.fect during the 1 f of t Ag _ at, a amount not
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less than One Million Dollars ($1,000,000) combined single limit
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coverage. If coverage is prov-ded under a form which includes a
designated general aggregate limit, sucI► limit shall be no less
than One Million Dollars ($1, 000, 000) . In the event of aggregate
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coverage, CONTRACTOR shall immediately notify CITY of any known
',.
depletion of limits. CONTRACTOR shall require its insurer to
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wrsive its subrogation rights against CITY and agrees to provide�`''A'-
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certificates evidencing thesame.
� aame .
21. C•RTIF �T'��.t�7 „�Iid AracE; AUI�I'i`I� Ij. L TN IRF.D 14D R. E ENT
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Prior to commencing performance of the work hereunder.
i
CONTRACTOR
shall furnish to CITY certificates of insurance subject
�'.
to approval of the City Attorney evidencing the foregoing
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insuranc:,' coverages as required by this Agreement; said
certificates shall provide the name and policy number of each
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carrier anL. 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 p::ior written notice to
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CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
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and accepted by CITE:.
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The requirement- for carrying the foregoing insurance shall not
derogate from the prc.vision.s for ind-�±nnif'ication of CI'PY by
CONTRACTOR under this Agreement. MY or its representative shall
at all times have the right to demand the original or a ropy of
all said policies of insurance. CONTRACTOR shall pay, in a prompt
and timely planner, the premiums on all insurance nereinabove
required.
A separate copy of the additional insured endorsement to each
of CONTRACTOR'S insurance policies, nsming the CITY, its officers
and employees as Additional insureds shall be provided to 0WCity
Attorney fcr approval prior• to any payment hereunder.
22. L?FF&JLT FERMI _ION
It CONTRACTOR fails or refuses to prosecute the work
hereunder with diligence, or fails to complete the work within the
time specified, or is adjudged to be bankrupt or makes an
assignment for the benefit of creditors or becomes insolvent, or
violates any provision.. of this Agreement or the Contract
Docurtlents, CITY may give notice in writing of its intention to
terminate Lhis Agreement Unle:; the violation is cured within
ten (10) days af`:er such Noticc of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remedy it may
have, terminate this Agreement upon the expiration of that time.
Upon such default by ^NTRACTOR, CITY may elect not to terminates
this Agreement; in sup• event CITY may make good the deficiency in
whit;', the default consists and deduct the resulting costs from the
progzess payments then or to become due to CONTRACTOR.
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2 _3. DISPOSITION OF Pr,llilti�., L'STIMATES AND OTIMR r 'MF,i�T��
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be, del iverec? to CITY and become its sole proper4-y �
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at no further cost. �` f.' �i(Jh¢`
24. PQN--AUIC�NADILITY
CONTRACTOR shall not sell, assign, transfer: convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety-.
25. -CITY FM LQYEE 11ND F IC:IALS
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 o; ('al;fornia _C�iv�rnm�nt ('oci�
Sections 1090 et seq.
26. STOP JDA'ICFS; RECQjTERY__QT ADtdINISTRATIVR' COSTS
CITY shall be ent4-tied to recover from CONTRACTOR its
reasonable administrative and attorney's fees, costs and necessary
disbursements arising out of the processing of Stop Not, ---es,
Notices to Withheld, or any similar legal document. Said
obligation shall be provided for in flip. labor and materials
payment band required of CONTRACTOP. CITY may charge an
administrative fee oL one -hundred dollars ($100) for ev-3ry stop
notice tiled in excess of two, regardless of whether or not CITY
is named in an action to enforce such stop notices. CITY may set
PDAk 5/92382 16
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off any unreimbursed cost or expense so incurred arainsc any siim
or sums owed by CITY to CONTRACTOR under this Agreement.
27. ITjj_QRATION
CONTRACTOR shall be responsible for full compliance with
the i.r�aigration and naturalization laws of the United States and
shall, in particular, comply with the provisions of 8 T1S_X_,.-
1324a regarding employment verification.
28. 0 T_WL-_$
A2.1 notices required or permitted hereunder shall. be.,
delivered in person or by registered or certified mail to an
authorized representative of the party to whom delivery is to be
mane, at the place of business of such party, or to any other
place designated in writing by such party.
29. CAPTjQN$
of the Sections of this Agreement are for convenience and
reference only, a.zd the words %ontai.ned therein shall in no way be
held to explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this Agreement.
30. BQQNTRA1C' EL_a PRQHIBITED
CONTRACTOR and CITY agree lhEt CIT`i is not liable for
payment of any subcontractor work involving leu-1 services, and
that such legal services are expressly outside the scope of
services contemplated hereunder. CONTRACTOR understands that
pursuant to Huntington Reach City Charter § 309, the City ?attorney
is the exclusive legal counsr.i :or CITY; and CITY shall not be.
liable for payment of any legal services expenses incurred by
CONTRACTOR.
PDAk 5/92382
17
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31. VIT EL -P-ETY
The foregoing
represents the entirL- Agreement between the
Parties.
IN WITNESS WHEREOF,
the parties hereto have
caused this
"'V'-°' �
` •Yh;'' JAgreement
�J
to be executed by and throu(,11 their authorized officers
the day, month and year
first above written.
CONTRACTOR:
wi
CITY OF HUNTINOTON BEACH
a municipal corporation of
the State of California
SAI
,, ..
Yr
Mayor.
ATTEST:
APPROVED AS TO FORM!
City Clerk yl
1=.IEWED A11D A�26VE
INITIATED AND APPROVEr):
&CAI.
City Administrator
Director of Public works
PDAk 5/92382
41
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