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HomeMy WebLinkAboutPeter Kiewit Sons' Company - 1971-06-07 Wiie�N F�Fisv2 Df D i;:Ticren,, T; CIT`�' Oi HUNTINGTON E31;Avr-t l CC-17 2 Office of the City Clerk 1004 [� ����(;� P. 0. Box 190 FREE v 4 Huntington Beach, Calif. 9?1)48 NOTICE OF UNPI.I TICN C3 NOTICE IS HEIREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, Cnl.ifornia to NIILWIT SONS ' COITI'ANY 301 E . Santa Clara St . Pxcadia , Cif 91.006 who was the conrl:lny thero)n for doir[ the following- work to-wit '. Constructri.on o+" Unit: No . 3 Ove myer Ploservoi. r , 14 inch counectinf 11.ne , 12 root dinnieteir caisson , 4',nd 36 l.nel, diameter. inlet.-nutlet line! in t:he City o r Ilutntin`;con Beach . RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFOPNIA 9:05 A.M. MAR 23 1972 J. WYLIE CARLYLE,Coun:y Recorder That said work was completed by said company according to plans and specifications and to the aatisfar.tion of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held an the blondray t-Iarc}1 20, 1972 That upon said contract the The Aetna Caaualty and Suri_ty Company - - was sw-ety for the bond given by the said company as requ-red by law. Dated at Huntington Beach , California, this 21st day of _i%InrCII , 19 .ZL. / �r• l�1 /raj?�'� Ci ty Clerk and tX zafficio Clerk of the City Council of the City of 'HunLington Bc acli, California STATE OF CALIFORVIA ) County of Orange ) ss: City of Huntington Beach ) 11 PAUL C. dCNES, thc• duly elected, qualified and acting City Clerk and ex-officio C-.erk of the Cit- Council of the City Of 11LIntington Beach, California do hereby certify under penalty of perjury, that the foregoing; NCTICE OF COMPLE110N is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Ora r e Counter by said. City Council. Dated at Huntington Beach, California, this 21S t day of ;�I-rch , 19 7? . 1 ^ City Clerk and -officio Cler,. This docwtont is so)elf for the of the City Council of the City off.iuial busing:s of -,.h© Ci tir of Huntington Beach, California of Huntlz)gton Beacli, as contem- plated tinder Government Coda Sec . 6103 and should be recorded froe of chni-1-1 . CC-172 C O N T R A C T 1�C1•� eteJ THIS AGREEMENT, made and entered into as of the 7 th day of �41ftr , 1971 , by and between the CITY OF' HUNTINGTON BEACH, a municipal corporation, hereinafter i of erred to as THE CITY, and PETER KIEGIIT SONS ' COMPANY Arcadia .- CA, ._, hereinafter, referred to as THE CONTRACTOR. WI TNESSET --. WIMEAS, in accordance i%ith the provisions of Section 1770 of the Labor Code , the City Council. of the City of Huntington Beach, California, has ascertained the genera._ prevailing rate of wages applicable to the work covered by this contract as more particularly set forth in a resolution of the City Council of the City of Huntington Beach, a certified copy of which resolution is on file in the office of the City Clerk and made a part hereof and designated as Resol.ition No. 3191 , entitled; " RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH SPECIFYING TIIE nP, W ILING RATES OF PEI. DIEM WAGES FOP, ?UBLIC WORKS CONTRACTS . " WHEREAS, the City Council of the City of Huntington Beach, County of Orange, State of California, pursuant to statutes in such cases made and pro- vided, duly and regularly caused a notice to be published, calling for bids for labor, material , tools and equipment for the Construction of Unit No. 3 Overmyer 1:escrvoir. , 14 in(-h connecting line, 12 foot- diameter caisson , and 36 inch diameter inlet-outlet line, in said City of Huntington Beach , California, said work to be consivucted according to plans, specifications, general requirements, and speu.: tl provisions for same on file in the office of the Director of Public Wnrks and adopted by the City Council of said City of Huntington Beach on the 3rd day of May 19_�_, to which slid plans, specifications. genes a1 w requirements, and specifil provisions reference: is hereby made , ru:cl by such reference they are made a part. of this contract rAs if herein set out_ in fill] ; and WI REAS , the City Council at a regular meeting thereof and at. the t:irre and place appointed therefor received the report of the results of the hici;: submitted by the respective bidderb for the construction and completion of the above mentioned work , and after careful consideration of rill bir33 submitted the City Council awarded the contract therefor to the CONTRACTOR therein r,-aried at the prices set forth in his bid , it being the lowest anti bijz: t bid by the said City Council , NOW, THEREF'URE, in consideration of the covenanto and agreement-.;; herein contained, being done and performed by the parties hereto, it :is herel)y -agreed as follows: I. by my signature hereunder, as Contractor, I certify that I rim aware of the provisions of Section 3700 of the Labor Code which recl>>ire evi-ry employer to be insured against liability for workmen's compensation or to undert:ake sell'-insurance in accordance with the provisions of that. code , and I gill Comply with, such provisions before commencing the performance: of the wort: of t31i.s contract. II. Contractor agrees to receive and accept as full compenoati ozi for furnishing all materials and for doing all the work contemplated and embraced in this agreement, the total bid amount Contractor :3ubmitted in hie; Proposal which was accepted by the City Council . A copy of said Proposal is attached hereto and incorporated he.•ei.zi by reference and made ri part hereof. Contractor further agrees that said payment by City rhall include all payments for all loss or darrage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for --ill risks of every description connected A! th the work; alsc for all expenses incurred by or in consequence of the suspension or discontinuance of work and for ,yell and faithfully completing the work, and the whole thereof', in the manner and according to the plans and specifica- tions, and the requirements of the: Engineer under theca. III. City agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to , for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as set forth in the general requirements and the said parties for themselves, their heirs, executors, administrators , successors and assigns, do hereby agree to the full performance of the covenants herein contained. IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. IN WITNESS WHFERF:)JF, the City has caused its name and seal to be hereunto annexed by its Mayor and City Clerk, thereto duly authorized and Contractor has set his hand hereto, the day and ,year in this Agreement firat above written. CITY OF HUNTINGTON BEACH, a Municipal Corporation Y Mayor ATTEST: City CYe'rk FPROVED , FOP14 1 IV i`t 'ttorney Contractor's Legal. Firm Name (Corporation, Partnership, Co-partnership, Joint-venture, Xndividual or C ram. R. L Coyrm _ Vice-'resident Position or Tit e y ✓ Ray Daniel, fir; Ass; nt 4retary Position or Title By Position or Title NOTE: Contract must be executed by president and secretary if a corporation; by all partners if a partnership; or satisfactory proof that some ocher signature is legally sufficient must accompRny this document. -3- y FASAL TO THE CITY OF HUNTINGTON 41ACH FOR THE CONSTRUCTION OF UNIT NO. 30 OVERMYER RESERVOIR, FOURTEEN INCH CONNECTING LINE, TWELVE FOOT DIAMETER CAISSON, ,W D THIRTY-S] INCH DIAMETER INLET-OUTLE'C LINE, IN THE CITY OF HUNTINGTON BEACH , CALIFORNIA.. : 1 To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the annexed rctice inviting sealed proposals, I hereby propose and agree to enter into a contract to perform the work - hereiis describe.; and to furnish the materials therefore according to the plans, specifications and special provisions .for the said wcjrk and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any laid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which' is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furn:shing of all labor, materials And equipment, and or all incidental work neceyaary to deliver all the improvements complete in place in strict conformity with the plans, specifications ' and special -provisions, on file in the office of the Director of Public Works, City of Huntington ' Beach, California, I. propose and agree to take l i full payment therefore at the following unit j' prices, to wit: i A : t, 1 R L - Goat'd Approxi- Item i aato Iteaa with unit price written in words Unit Price 'total antit 1 1 Lump Sum Reinforced concrete reservoir with, wood and { corrugated metal roof, 14 inch connecting line, 12 foot diameter caisson for future pump station and 36 inch diameter inlet-outlet together with appurtenances , co plot in lac for t lump sum of I_.�'�►t� .._ ..wit• ^ dollars . k w�. 1 Page - - 4 �JEW , , , LEI ,• . •.: � •,.,_ 1 PROPOSAL SUB-CONTRACTOR - LISTING Pursuant to the Goverrunent Code 4100, the Prime Contractor, in order for this proposal to be acceptable fo•: consideration shall furnish the name and locution of the place of business of each sub-contractor who will perform work or render service on ►:his project in an amount exceeding one half of one percent of the total bids. WORK TO BE PERFORMED SUB-CONTRACTOR SUB-CONTRACTORS ADDRESS Ile ` j By submission of this proposal, the contractor certi;:iest 1. That he is able to and will perform the balance of all Mork which is covered in the above sub-contractor listing. 2. That the City will be furnished copies of all suh-contracts entered into and bonds furnished by sub-contractor for this project. The undersigned understands the contract time limit allotted for the: contract is 270 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten ( 10) days of the award of said contract, and to begin work Within tcn ( 10) days from the date of approval of the contract by the City of N6ntington Beach, California. The undersigned has examined the location of the propo3ed Work and is familiar with the plans, specifications and special provisions and the local conditions tit the place where the work is to be done. Accompanying this proposal is liiCL Mls BOIND (NOTICEi Insert the words cash, cashier', check, certifif-d check, or bLdder' s bond, as the case may be) . Licensed in accordance With an act providing for the registration of contract License No. 77143 l .. f,iCII^.rIn fL !VERB . I o l ayrxi n.L-1'.t _. . Signature cf Bidder ;rat FAST SE, ; ill ljlki•. Business Address f:Cc%U;A, 6- ;.,. A Place of Residence Dated this day of ,1Ul'i 1JT1 19 Page f PROPOSAL INFORMATION RE(JUIREU OF BiDUFRS The bidder is requirud to supply the fol iowiag infoc•inatimi, AdI!iti 1 stn.( + ; Trray I)c a t tat heel if nee essa ry ( 1 ) Addr( ;(t',',�' U ! tl _ ( ' ) •re 1 e1)h(,tjv 213/445-3700 ( 3) Type ()f f i rm - individua1 , parLrierstiip, or c orpor,Tt.i (+n: Corporatiori (4) Curporatit+n organized under the• la b of tht State �sf n Nrr3f.:' i;;: ":'' "; )l•! ( 5) Cunt_r,3c t<)r ' s Lic., TT:,c• !r'un;t+c•T . (b) Li :; t the names and addrLS.;c-:; of A i members the f irtn or names anti t. i f all officers of the corpor.ction: ( 7 ) Numhc:r of years experience a contractor in cotu, Lru( time w,);•k: _ $1 ( 8) List at. lots;. six projects Crripleted aI., of recoill (L-) tE. : (Luntract arnt. ) i. lals5 of work) (Date c(,r.q)1 .' ted) (Name and Address of 6,.2A 11,47eX !a r1 y,41&2 / / AJ Z 0D sc v y/ '/ �OOC��C U p�AQiBC(.+SY�1 oPr_jf y/NtS oOLA,, ~ Aw (cl) List the name of the/Person who in,;pec ted the site of the propos%-,d work for y+iur firm: r�tC elt ) 5 Uate of Inspection: � " f��71 ( 10) if requested by the Di.Strict. the bidder shalt furnish a notarized financial statement, financial data, er other information and references sufficientl.✓ comprehensive to permit an appraisal of his current financial c.onditicn. i, T _ _ t RETURN ORIGINAL AND TNREE COPIES Cr ONLY L!Yv Or HUNTINGTON eEACNOS FORM COMPLETED CERtIrICATE TO: CERTIFICATE OF INSURANCE Or cERtIrICATE Or IN/uRANCE WILL 2E ACCEPTED. CITY OF HU14TINGTON 139ACH TO nEPAr.TMTNT Or PUDLV� WORKS P.O. Box 190 Cl V OF HUNTINGTON BEACH, CALIFORNIA HUNTINGTON BEACH, CALIFORNIA 92041 A MUNICIPAL CORPORATION This is to certify that -he policies of insure—e as described below have: been issued to the insured by the undu:- signed and are in force at this time. If those policies are concolled or changed in such a manner that will affect this certificate, the insurance cornparly agrees to dive 30 days prior written notice, by mail, to City oT Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Name of Insured PETER KSETUr SONS' CO. Address of InsuredL.O. Bo. 748, Arcadia, C' . lforii..a 91.006 Location of Insured Operations City of I1tlntington Beach, California _ Reinforced Concrete Reservoir with jdood and Corrugated Metal Roof, 14 inch Description of Operations connecting line, 1.2 foot diameter caisson for future rump Station and 36 inch diameter inlet-outlet together with aPpurtanc:ee . Construction of Unit No. 3 Overmyer Renervoir, Pro, ect No. CC-172 POLICIES IIJ FO;'.CE POLICY DATE LIMITS OF LIABILITY NUMBER _ EFFECTIVE EXPIRATION _ A. Workmen's Compensation Statutory WC Fmplgygrs' Liability I _1_71 0,-1-7 $ 5n- n,n-'1r1•nC B. Public Liability: GA Bodily Injury: 9976332 3-1-71 3-1-72 Manufacturers and Contractors � $ 250x000.00Each Person Comprehensive General © $a_ 500,000.00Fach Accident (Including products completed operations) Property Damage GA J_1_7l J_y-72 1-0(",000.00EachAccident C. Automobile Liability: 0A Bodily Injury 9976332 3-1-71 3-1-72 S_ .90,000.00 Each Person $ �02,000.00 Eoch Accident Property Damage S 100-OCO-00 Each Accident Does policy co-er: All owned automobiles ( },� ) Yes ( ) No Non-owned automobiles ( X ; Yes ( ) No Hired automobiles Yeas ( ) No D. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach and/or members of the City Council or boards or commissions and elective and appointive officers, servant or employee of the City of Huntington Beach when acting as such, are additional assureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save hnrmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agent or any subcontractor arising- out of or in consequence of the performance of all opt-,ations covered by this certificate. F. Minimum Limits Required: Public Liability (Products liability, including completed operations) Bodily injury-each person $2506000.00 each accident $500,000.00 Property damage $100,000.M G. Remarks: EXCEPTIONS, NOI1P; �\ THE H0!,E TIvDIJ�;zyITy 014PA Pry (Sig ed) .._._ - n I' URANCE CO IY By_\ _ kL 0�4 I ATURE O R ORIZEO REPRE NTATIJE James Hawekotte I :�..., ' Pk a Casualty and SlvretyCompanyhe �'tn Har0ord, Connecticut 06115 PERFORMANCE AND PAYMENT BOND No. ills L,?Ilg BCA KNOW ALL MEN BY THESE PRESENTS, THAT, Peter Kiewit Sons' Co. , A Corporation Organized and 2-xinting Under the Lams of the Stage of Nebraska, o.T the City of Omaha, Nebraska and P.0, Box 748, Arcadia, California 91006 (hereinafter called the Principal), as Principal, and THE MTNA CASUALTY AND SURl:"I'Y COMPANY, a corporation organized and existing under the laws of the State of Connecticut with its principal .hire in the City of Hartford, Connecticut (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFOMIIA (hereinafter called the Owner) in the full and Just sum of FTVE HUNDRED TIIENTITY-NII`E T11OUSA51) NIKE HUNDRED NINETY-NINE APJD TIO!100( 529 999.00)-•-__.________--_____Dollar s i 4 + and to all persons who furnish labor or material directly ti, the 1 rincipal for use in the prosecution of the work hereinafter named, in the just and full stun of TWO HUNDRED SIXTY-FOUR THOUSAND NINE IMIDRED N=TY-NIl'.E AND 50/100 ( 26u,999fio)__ -•-----_ •••____ .__.._..__.._._.____....____.._.•...._DoUars, to the payment of which sum, well and truly to be trade, the said Principal end Surety bind themeselves, and their respective heirs, administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the "nth day of May 19 71 ,xo 1001-1 CONSTRUCTION OF UNIT IVO. 3 OVM-2- ER RESI:'RV0IR, lb INCH CONNECTING lUDIE, 12 FOOT DIAMETER CAISSOIr', AND 36 INCH DIPXETER INLET•-OUTLET LINE IN CITY OF HUNTINGTON BEACH, CALIFORNIA. PROJECT 110. CC-172. REINFORCED CONCRETE RESERVOIR WITH WOOD AND CORRUGATED 14ETAL ROOF, i� INCH rONNECTING LINE, 1? FOOT DIANMR CAISSON FOR 11JUMP, PUMP STATION AND 36 INCH DIAMETER INLET-OUTLET TOGETHER WITH APPURTENANCES. which eontratt is hereby referred to and wade a part hereof as fully and to the same extcnt as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if -.lie said Principal shall fully indemnify the Owner from and against any failure on his part faithfully to perform the obligations imposed upon him under the terms of said contract free and clear of all liens arising out of claims for !.sbor and material entering into the work, and if the said Principal shall pay all gersohi who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this instrument in his own name and for his own benefit, subjcm however, to the Owner's priority, then this obligation to be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that no action. suit oc: proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within ovo years after completion of the work mentioned in said contract, whether such work be completed by tllc Principal, Surety or Owner; but if there is any main. tenance period provided in the contract for which said Surety is liable, an action for maintenance may be brought within two years front the expiration of the maintenance period, bur not afterwards. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th day of June 1971 . rETER ..... "iT SONS' CO......................................................... (SE/tp —r�Y .` A. My. ���� ( . ( � 'Z . SEAL 2........................ .. .......... 1 (SEAL) LSTATE yr Nebraska COUNTY ter ;:uuf;lac j •ss' R. C. Kalasincky a Yolary Public in ar..l for Said Crnitlt)' alld Staie, do hereby Certify that Resident Viev President, an(} Resident Assistant Secretary, Richard L. Larson of The iEtnu Cusualls' utl ) �,� Attorney-in-Fact d Sure t Cuntppan who ._i person;illy kn(:hvn to tn(. to be the same person whose name —.i6. subscribed to the foregoing iilstrttnnel,t, appeared before the this d ly in person. :In(i acknowledged that he sir,,.ud, seal((I ;u1d delivered said instrument, for and cm behalf of The A?Itla Casualty and Surety Company, for the nsc.c acid purpos •s therein act fortis. Given wider ,ny Hand :Intl notarial seal 's 1.2t clay of _ Jtlttc-�C. +s-ems—. .♦ I tJRY 1 ill q 'G1J1:{: 11 t -he iftna Casualty and Surety Company Hanford, Connecticut 06115 PERFORMANCE AND PAYMENT BOND No 4l S �g scA MOW ALL MIEN BY THESE PRESENTS, THAT, Peter Kiewit Sons' Co. , A Corgioration Organized and Existing Under the Laws of the State of Nebraska, of the City of Omaha, Nebraska, and P.O. Box 748, Arcadia, California 91006 (hereinafter called the Principal), as Principal, and THE ASTNA CASUALTY AND SURETY COMPANY, a corporation organized and existing under the laws of the State of Connecticut with its principal office In the City of Hartford, Connecticut (hereinafter called the Surety),as Surety,are held and firmly bound unto CIrn.' OF HUNTINGTON BEACH, CALIFORNIA (hereinafter called the Owner) in the full and ,just stem of FIVE HUNDRED 1W.l1 f -NINE THOUSAND NINE HUNDRED IINETY-NINE AND N0Z0r,(1529 999.00)----_--_-- ----_--Dollars VWV M-d and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work hereinafter named, in the just and full sum of TWO HL711DRED SlX'EY-FOUR THOULSIM NINE HUNDRED NINETY-NINE AND 50j100 ($2614,999.50)-------------------------..____-_____-_._.____Dollars, to the payment of which sum, well and truly to be made, the said Principal and Surety bind thermeselves, and their respective heirs, administrators,executors,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principa! has entered into a terrain written contract with the Owner, dated the 7th day of May 19 71 ,=FOR CONSTRUCTION OF UNIT N0. 3 OVERMYER RESERVOIR, 14 II`m- CONNECTING LINE, 12 FOOT DIAMETER CAISSON, AND 36 INCH DIA14E;TER INLET-OUTLET LINE IN CITY OF HU11TINGTOU BEACH, CALIFORNIA. PROJECT 110. CC-172. REINFORCED CONCRETE RESERVOIR WITH WOOD AND CORRUGATED 16,;TAL ROOT, 14 INCH CONNECTING LUTE, 12 FOOT DIAMETER CAISSON FOR FUTURE PUMP STATION AND 3" INCH DIAI.. :�R INTZT-OUTLET TOGEIMR WrTIT APPUIRTEMICES. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length heteln. NOW, 'THEREFORE, THE CONDITION OF THIS OBLTGA77ON IS'SUCH; that if the said Principal shall fully indemnify the Owner from and against any failure on his part faithfully to perform the obligation, imposed u�+on him under the terms of said contract free and clear of all liens arising out of claims for labor and material entering into the work, and if the said Princi,.-1 shall pay all personi who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons shall have a direct right of action on this Instrument in his own name and for his own benefit, subject, however, to the Owner's priority, then this obligation to be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same b: brought or instituted and proce,s served upon the Surety within two years after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Owner; but if there is any main• tenance period provided in the contract for winch said Surety is liable, an action for maintenance may be brought within two years from the expiration of &.r maintenance period, but not afterwards. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12th clay of June 1971 . PETFJ< K71; I .. IT SONS ..... . ........................................................ (SEAL) -r-D A;7 r�r 4�r 4•. �� :,. .(y -L.� (SEAL) - R. L. Coyne, Vicel3�rd sideni ................................ ...... .......................... ........ ................................... (SEAL) .I 1�CASUALTY AND SURETY COMPANY i 1 By ..... ...........�� 4 .....�........... .......... : ►: ..... aaz, .t�..rcon, Attorney-3;i-Fact (SEAL) COUNTEFt,STG'IVED - ............................................... ................................................. Calif. Rosidont Ageut THOMAS &I. COLSTON O THE ATNA CASUALTY ANO SURw3Y-COMPANY Hartford, Connecticut 06115 L.1pE i C�l►LT1t POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE. ACTNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint James Hawekottea Jay L. Welch or Richard L. Larson - - of Omaha, Nebraska , its true and lawful Attorneys-in-Fact, with full power and authority hereby con- ferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument (s) : by his sole signature and act, any and all bonds, recognizances, contracts .I' indemnity, .-nd other writings obligatory in the nature of a bond, recognizance, or cond;tional undertaking, and any and all consents incident thereto , and to bind THE AETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE ATNA CASUALTY AND SURETY COMPANY, and all the ads of said Attomeys-in-Fact, pursuant to the authority herein given, ate hereby ratified and confirmed. This appointment is made under and by authority of the following provisions-if the By-Laws of the Company which ptovisions are now in full force and effect and are the only applicable provisions of said By-Laa.,s: ARTICLE IV--Section 8. The President,any Vice P►nident,or any Secretary may from time to time appoint Resident Vic- Presidents Resident Assistant Secre- taries,Attorneys-in-Pact,and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may Pre- scribe to sign with the Company's name and seal with the Campanr s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, at conditional undertaking, and an of said officers or the Board of Directors may at an time remove any such appointee and woke the power and authority given him. y y y ARTICLE IV--Section 10. Any bond, rewgnizince, contract of indemnity, or writing obligatory in the nature c! a bond, recognizance, or conditional un• dertaking shall be valid and binding upon the Company .when (a) signed by the Presio.it or a Vice President or by a Rerident Vice President, pursuant to the power presctibed in the certificate of authority of such Resident Vice President, and duly attested and seated with the Company's seal by a Secretary or Assistant Secretaty or by a Resident Assistant Secretary, put:usnt to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (b) duly executed (under sal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authnriry is signed and sealed by facsimile under and fr; authority of the following Resolution voted by the Board of Directors of THE)ETNA CASUALTY ANT) SURETY COMPANY at a meeting duly called and held on the 22nd day of November, 1968. VOTED: That the signature of William 4. Bsiley, Senior Vice President,or of Andrew H. Anderson, Vice President,at of D, N. Gage, Assistant Vice Pres. /dent, or of Neil H. Pfanstiel, Secretary, or of llenismin I. Radding, Secretary, or of Curtis K. Shaw, Secretary. and the seal of the Company may be affixed by facsimile to any power of aaorney or to any certificate relating thereto sppointing Resident Vice Presidents, Resident Assistant Secretaties_or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signarure and facsimile seal shall be valid and binding upon the Company in th- future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary , and its corporate seal to be hereto affixed this 4th day of Janl AI*y , 19 71 THE 4ETNA CASUALTY AND SURETY COMPANY ..... State of Connecticut 1 ,�: By , }ss. Hartford tit cs•■ County of Hartford JJ «. �F Secretary On this 4th clay of January 19 71 , before me personally came HENJMN I. RADDING to me known, who, being by me duly sworn, did depose and say: that he is Secretary of THE AETNA CASUALn' AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to thr said instrument is such corporate seal; and that he executed the said instrument on behalf of the;corpeiadori`by.�'uthority of his office under the By-Laws thereof. w at Mr = � • 1 •"`� s uMs . e Notary Public eL ry a My commission esp' i a h 31. 19 /J ' STATE OF Tlerrasku y COUNTY OF noual.116 } I R. C . Kai asi nskw Notary Public in and for said County anti State, du hereby certify that Resi, Fitt Vice President, and Resident Assistant Secretary, Z? chard L. Larson Attorney-fn•Fact, of The /Etna Casually and Surety Company, who is_ personally known io me to be the satne person whose name i s subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, scaled and delivered said iris trurnent, far and ate behalf of The .]?tna Cnstialty and Surely Company, for the uses and purposes therein set forth. �f Gives under tssy hand and notarial se: , is._;1 h.day of --Jung A. D., 1 J-.._. � 1 I Q �t-C i11. a e na cY_ ts•It�e-cal a•a7 THE ATNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 1111R•CA ALTY POWER OF ATTORMY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-PA( T KNOW ALL MEN BY THESE PRESENT'S, THAT THE )ETNA CASUALTY AND SURETY COMPANY, it eorpomtlon duly organized under the laws of the State of Connecticut, and having its principal office in the City of Hartford, County of Hartford, State of Connecticut, hath made,constituted and appointed, and does by these presents make, constitute and appoint Jamos Hawekotte a Jay L. Welch or Richard L. Larson — of Ora►ha►, Nebraska , its true and lawful Attorneys-in-Fact, with full power and authority hereby con- ferred to sign, exenste and acknowledge, at any place within the United States, or, if the fallowing fine be filled in, within the area there designated , the following instrument (s): by his sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any and all consents incident thereto and to bind THE /ETNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE iETNA CASUALTY AND SURETY COMPANY, and all the ads of said Attomeys-in-Fad, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the Company which provisions are now in full force and effect and ate the only applicable provisions of said By-Laws: ARTICLE IV--Section S. 'The President,any Vice President,or any Secretary may from time to tinse appoint Resident Vice Presidents, Resident Assistant Secre- taries,Attorneys-in•Pact,and Agents to art for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may pre• scribe to sign with the Company's name and anal with th; Company's seal bonds, recugnizances, contracts of indemnity, and other writings obligatory in the suture of it bond, recognizance, or conditional undertaking, and any o! said officers or the Board of Directors may at any time remove any such appointee and re"At the power and authority given him. ARTICLE IV—Section 10. Any bond, recognizance, contract of indemnity, or writing ubligatory in the nature of a bond, recogniaance, or conditional un- dertaking shall be slid and binding upon the Company when (a) signed by the President or a Vice President or by a Resident Vice President, pursuant tt, the power prexribed in the certificste of authority nf such Resident Vice President, and duly arrested and sealed with the Company's seal by a Secretary of Assistant Secretary or by a Resident Assistant Secretary, pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary. or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority, This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Resolution voted by the Board of Directors of THE KMA CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 22nd day of November, 1968. VOTED: That the signature of William O. Bailey, Senior Vice President,or of Andrew H. Anderson, Vice President, or of D. N. Gage, Assistant Vice Ptes• ident, or of Neil 14. Pfanstiel, Secretary, or of Benjamin I. Radding, Secretary, or of Curtis K. Shaw, Secretary. and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secreraries.or Attorneys-in. Fact for purposes only of eremting and anesring bonds and undertakings and other writings obligatory in the nature the:eo(, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power to etecuted and certified by such facsimile sign►ture and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to ahtch it is attached. IN WITNESS WHEREOF, THE )ETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its* Secretary , and its corporate seal to be hereto affixed this 4th day of January , 19 71 THE AiT NA CASUAs. AND SURETY COMPANY State of Connecticut ss.} Hartford 1 clan. i By County of Hartford JJJ r� Secretary On this kth day of January , in 71 , before me personally came HEIIJAMIN I. MI)ING to me known, who, being by me duly sworn, did depose and say: that he is Secretary of THE 1ETNA CASUALTY AND SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said inst rument is such corporate seal; and that tic executed the said instrument on behalf,of the c_orpacation.byVutItorit), of his office tinder the By-Laws thereof. Mists r Notary Public << r c° Mt commission t-Ap• s �/. h 31, 19 75 CERTIFICATE: 1, the under gnrd, ;''.Cretary of THE /ETNA CASUALTY AND SURETY COMPANY, a stock corpore.tion of the State of Connecticut, DO HEREBY CERTIFY that the ftirepoing and attached Power of Attorney and Cerliftcate of Au- thority remains in full force and has not been revoked; and furthermore, that Article IV--Sections 8 and 10. of the By-Laws of the Company, and the Resolution of the Board of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartfiml, State of Connecticut. Dated this 12th day of June , 19 71 j,'OI.f10.0,i+ •� coon ti;�•;••;i► Secretary CATGIN (S•19Z-1) (#4) 1.69 PRINir .A. ORIGINAL COPY FINAL RELEASE This agreement made and entered into as of the day of November 1973 by and between the City of Huntington Beach , a municipal corporation , hereinafter referred to aH the City , and PETER KIEWIT SONS ' CO . of Arcadia , California , hereinafter referred to as the Contractor, WITNESSETH WHEREAS, the parties hereto entered into a con- struction contract dated the 7th day of June 1" 71 , said contract being; designated City Cash Contract Number 172 for the cranstruction of the Overmeyer reservoir , and WHEREAS, all work under such contract was completed by the Contractor and payment in the amount of a5723692 . 80 was made to the Contractor by the City which sum represents the total contract amount , and WHEREAS , subsequent to :such final. payment it was determined that said reservoir needed repair work to make it grater--tight , and 11HEREAS, the City the Contractor has responsibility for at least: rzirrt of the repair cost and the Contractor al l.eCe , 3t hn.,; no re,;T)ori::ih1- U ty fore any pal"t of such repair cost , NOW, THEREi�ORE , ► n order to corrinvomi se the disputt, MIIM : k l between the parties without admission of liability on the . part of the Contractor, the parties in consideration of the execution of a repair contract of even date herewith wherein the Contractor undertakes to bear $10 , 000 of repair costs and perform directed repair work on a cost basis , it is hereby mutually agreed as follows : The City agrees that City Cash Contract Number 172 has been completed satisfactorily in accordance with all the terms and conditions of such contract by Peter Kiewit Sons ' Co . and the City hereby releases and forever discharges Peter Kiewiz Sons ' Co . from any and all obligations assumed under City Cash Contract Number 172 . This 2elease by the City of r Peter Kiewit Sons ' Co . specifically releases Peter Kiewit Sons ' Co . from any and all. responsibility for known or unknown dgfects in the reservoir . Kiewit agrees that it has received complete and full payment from the City for all work under City Cash Contract Number 172 and hereby releases and forever discharges the City of Huntington Beach from any and all responsibility under the terms of such contract . IN WITNESS WHEREOF, the parties hereto nave executed this instrument , through their authorized officers , effective the date first above written . CITY OF HUNTINGTON BEACH , a cipal corporation [[ CON By (!7 0 Mayor . -2- r ATTEST: r 'City Clerk APPROVED AS TO FORM: City Attorney if Im PETER KIEWIT SUNS' CO . , Contractor By_ Title ' 7 _Y J Honorable Mayor and City Council City of Huntington Beach Attentiont David D. Rowlands City Administrator Subject: Corrective Work - Overmeyer Reservoir Gentlemen: Unit 3 of Overmeyer Reservoir was constructed last Sumner by Peter Kiewit Sons ' under Cash Contract No. 172, and it has been determined that extensive corrective work is necessary. The Public Works Department has repeatedly asked Kiewit to perform but he has refused. The City Attorney will bring an action against Kiewit for the amount required to correct the leakage of this reservoir. This repair work has now attained emergency status. The Public Works Department recommends that per Section 1211 of the City Charter the enclosed resolution be approved authorizing this Department to negotiate and award contract for this corrective work. Funds estimated to be approximately $50,000.00 must be advanced to pay for this, but it is assumed that this cost will be recovered from Peter Kiewit Sons ' Company. Very tru ly yours. JRW JRW:TM:ae F N UN�i t, 4� �e, � M Hffl CITY OF HUNTINGTON REACH COUNCIL - ADMINISTRATOR COPAMUNICATION CA 73- 26 InAlINGiQN BG{CII To Honorable- Mayor F City Council From City Administrator Members Subject CORRECTIVE WORK - OVERMEYER Date February 27 , 1973 RESERVOIR Unit 3 of Overmeyer Reservoir was constructed last summer by Peter Kiewit Sons under cash contract number 172 . It has now been determined that extensive corrective work on the reservoir is necessary . The Public Works Department has repeatedly re- quested the contractor to perform this remedial work but they have refused . The City Attorney will bring action against Peter Kiewit Sons for the amount required to correct the leakage of this reservoir . This additional work is estimated to cost $50 , 000 , it is essential than this repair work be undertaken immediately since the situation has now attained emergency status . The Public Works Department recommends that per Section 1211 of the City Charter, a resolution be approved authorizing the Public Works Department to negotiate and award a contract for this corrective work . Funds must be advanced to pay for this project , however, it is indicated that this cost will be recovered from Peter Kiewit Sons Company. RECOMMENDATION Approve the allocation of $50 , 000 to provide corrective work on Unit 3 of the Overmeyer Reservoir . Respectfully submitted , Aa David D . Rowlands City Administrator DDR/gbs r