HomeMy WebLinkAboutPETER KIEWIT SONS' COMPANY - 1973-11-19 ORIGINAL COPY
CONTRACT,,
THIS AGREEMENT made this 6 day of [ l n/oNZriv
1973, by and between CITY OF HUNTINGTON BEACH, a California muni-
ciple corporation, hereinafter called the "Owner", and PETER
KIEWIT SONS' CO. , (a Nebraska Corporation) , 1000 Kiewit Plaza,
Omaha, Nebraska 68131, hereinafter called the "Contractor."
W I T N E S S ETH`:
WHEREAS, the Owner intends to 4 C21-14e 0VYAC6Gf1Gy,
C4 L r
hereinafter called the "Project. "
NOW THEREFORE, in consideration of the mutual covenants and
other considerations contained herein, the parties hereto agree
as follows:
1. Description of Work. The Contractor agrees to provide all
of the labor and materials other than those materials to be fur-
nished by the Owner required for the project
2. Contract Documents. This Agreement shall constitute the
Contract Documents .
3 Contractor's Forces; The Contractor shall with its own
organization execute in accordance with instructions of the Owner
portions of the work which, in the opinion of the Contractor, can
be most efficiently performed by the Contractor with its own forces;.
4. Subcontractors . The Contractor shall solicit and receive
bids and award and administer subcontracts for the performance of
all work aiot performed by the Contractor's forces . All awarding
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11/15/73 #2
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of subcontracts shall be subject to the approval of the Owner; pro-
vided, however, that such approval is in no way to be construed as
an acceptance of the material or work performed under such subcon-
tracts ,
5. Materials. The Contractor will buy on a competitive-bid
basis, in accordance with its normal procedure, all items of con-
struction materials and supplies necessary for the work,_ other than
those furnished by the Owner, to be performed by the Contractor
with its own forces All contracts for major mates- ,al items shall
be subject to the approval of the Owner and copies tnereof filed
with the Owner.`
6. Progress and Procedure. The Contractor shall furnish
information regarding availability of materials, as requested by
the Owner and furnish any information to the Owner to assist in
arriving at the most economical construction.
7. Contractor's Facilities Furnished Without Charge . The
Contractor agrees to furnish for the work under this contract with-
out charge other than the four percent (4%) off the job overhead
provided for herein:
(a) Adequate attention, supervision and service
of its officers in its district office.
(b) Contractor' s business system, including
office supplies, stationery, postage and
local telephone service required by the
Contractor in its district office-
(a) Other services and supplies which are p;;wrt
of the districu office.
(d) The procurement of all major permanent
materials and subcontracts on a competitive-
bid basis, subject to the wrproval of the
Owner.
2,
8. Commencement and Completion of Work. The Contractor
shall commence work as soon as practical after receipt of notice
and prosecute the work diligently in accordance with the instructions
of the Owner.
9. Payment. The Owner agrees to pay to the Contractor the
reiri,bursable costs determined pursuant to paragraph 10 and, in
addition, four percent (11%) of such reimbursable costs to cover
the Contractor's off-the-job overhead.
10. reimbursable Costs. In 'addition to the payment of the
amoun* set forth in paragraph 9, the Owner agrees to reimburse
the Contractor in the manner provided for herein for all costs
necessarily incurred and paid by the Contractor in the proper pro-
secution of the work. Such reimbursable costs allowable under
this contract shall be the costs and expenses which are actually
incurred by the Contractor in the performance of this contract
and which are necessary and incidental theret^, unless otherwise
provided herein. Allowable costs shall include but shall not be
limited, to the items described in this paragraph. Failure to
mention any item of costs herein shall not bear upon a determination
of its allowability.
Labor and Labor Related Items
(a) The cost of all labor including fringe benefits,
payroll insurances and taxes, as required for
the work. The Construction Superintendents,
Engineers, Office Employees, Foremen, Time-
keepers, MpLerial Checkers, Purchasing Agent,
and similar employees stationed at the work
shall be considered as labor and shall not
exceed the number normally employed on projects
of this type, size and duration. Vacation pay,
sick leave pay and bonuses paid to salaried
employees a; the site, commensurate with the
3'.
Contractor's_previous and existing policy, shall
be considered a labor cost . Vacation pay, sick
leave pay and bonuses shall be pro-rated on a
calendar month basis for the period. of time the
employee is assigned to this site:
(b) The cost of moving supervisory and administrative
employees who are assigned to the work from their
last place of employment in ancordance with the
Contractor.,'s previous and existing moving,policy.
Such costs of moving shall be subject to the
prior approval of the Owner.
(c) In lieu of payment by the Owner of the ,cost of
procuring, maintaining and repairing small tools
required for the works the Contractor will, at
its expense, furnish, maintain and repair all
small tools regvired for ,%he work and the Owner
will pay to the Contractor as reimbursement or
payment for the use of such tools and the cost
of their maintenance and repair, an amount equal
to three percent (3%) of the net cost of all labor
directly on the Contractor's payroll on this job
before the addition of health and welfare, social,
security, state unemployment compensation insurance,
federal excise tax or any other benefits thereto.
Small tools are those expendable tools and hand
tools customarily furnished by the Contractorto
his employees for use in the performance of con-
struction work. This three percent (3%) amount
does not inrlude reimbursement for expendable
supplies; and services in connection with the use
of small tool;, such as saw sharpenings, saw blades,
chisel bits, drill bits, etc. which shall con- �e �//
stitute separate reimbursable costs pursuant to� 6
below.
(d) Traveling expense in connection with the followings
Trips to various fabricating plants to inspect their
facilities and/or financial condition in regard to
the work on the job
Trips to various fabricating plants to inspect he
progress of the work being prep.,,red-for the job and
to consult on methods of Fabrication, shipment, etc.
All travel shall be subject to the approval of the
Owner.
(e) Labor used in the Contractor's yard in connection
with the fabrication of items for use on this project
and for unloading and storage of material to be used
on this job-.
4
(f) In order to reduce the personnel assigned to the
job site, it may become necessary to perform off-
job engineering, clerical and/or accounting work
in which case the costs of such work shall be
charged to the job on an hourly basis supported
by time cards .
Materials and Material Related Items .
(g) The cost of all work subcontracted and the cost
of all permanent materials, equipment and supplies
required. Credit shall be given the Owner for all
trade or quantity discounts allowed by vendors and
received by Contractor for the purchase of materials,
equipment, supplies or services .
(h) The cost of all ter.�)orary and other expendable
services, material,, and supplies, ii:_cluding fuel,
oil and grease, lumber and material used for false
work and other temporary structures, scaffold plank
and supports, including rental of patent hanging
or standing scaffolds, concrete forms, temporary
piping, lighting and temporary wiring for electric
power, and such expendable supplies and services
as drill bits, saw sharpenings, saw blades, and
grinding wheels which are normally consumed in
performance of '`;he work. Any such expendable
materials and dies for which the Contractor
has been reimbu"sed by the Owner and which remain
after completion of the work will be disposed of,
for the account of the Owner, as directed by the
Owner.
{i) The cost of all necessary inspections, tests, load-
ing, handling, permits, transportation and insurance
of whatever character or description paid by the
Contractor on materials and supplies used in the
construction of the Project.
'Equipment and Equipment Re abed Items
O The cost of rental of all equipment required for
the work. The cost of rental of equipment from
third parties shall be the actual rental rate
charged. The cost of rental of the Contractor's
own equipment or eq,.ipmerit owned by subsidiaries
or affiliates of the Contractor shall be in accord
ante with the attached rental rates, Appendix A,
which is incorporated herein by reference. The
cost of rental of any such equipment which is not
included on the schedule shall be at rates cony
sisterit with the schedule rates as are mutually
agreed upon. The rental cost of equipment listed
on Appendix A shall not include the cost of fuel,
5.
oil, grease and expendable supplies, services,
field and/or running repairs for such equipments
which costs shall be reimbursable pursuant to
10 above.
Miscellaneous .
(k) The cost of transportation, loading and unloading
of equipment and tools required for the work.
(1) Al' sums paid for the building permits or for
inspection fees.
(m) The cost of Contractor's workmen's compensation,
general liability, automobile liability and con-
tingent liability insurance at manual rates for
limits normally carried by the Contractor. The
cost of any Builder's Risk insurance required
by paragraph 15-C-
(n) The fees of any consultants engaged in a professional
capacity with the prior written approval of the Owner.
(o) Losses and expenses, not compensated by insurance
or otherwip', including but not limited to the
4&deductib am'�unt of any insurance required by
paragrap f�G sustained by the Contractor in con--
nection with the work, provided they have resulted
from causes other than the fault or neglect of
the Contractor's officers .
(p) If after any substantial loss or damage to the
project the Contractor is put in charge of recon-
struction, the Contractor shall be paid his reim-
bursable cost etermi.ned pursuant to the terms
� r of this a ree nt and a fee as provided for. in
paragraphil g of this Agreement.
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(q) The rental cost of office equipment at rates listed
on Appendix A Stationery and supplies, postage,
and the actual cost of all telephone, telegraph
and other type of communications expense, all as
used at ,the ;Job site.
(r) All royalties paid by the Contractor with the con-
sent of the Owner for patented articles used in
the construction of the building or in the per-
for mnce of the work.
(s) Electric energy, fuel and other similar items
necessary to and entering into the cost of the
work.
(t) All Federal, S"gate and local taxes and impositions
in connectioiz with the work or materials to be
6.
performed or furnished hereunder, including, <but
not limited to, unemployment and old age benefit
taxes, sales taxes, use taxes, property taxes,
and excise taxes,,
(u) Such other items as the parties hereto shall agree
to be properly char. eable to the cost of the
Project.
11. Reduction of Costs.. The Contractor recognizes the rela-
tionship of trust and confidence established between it and the
Owner by this Agreement, and it agrees to furnish its best skill
and judgment and to cooperate with the Owner in forwarding its
interests. It agrees to furnish ef,fisient business administration.
and superintendence, and to use every reasonable effort to minimize
expense to the Owner, to keep upon the work at all times an adequate
supply of qualiff'ied workmen, machinery and materials, and to pro-
mote the progress of the work in the most expeditious and economical
manner consistent with the interests of the Owner. The -Contractor
shall employ and,direct all persons performing any work covered by
this Agreement. It is the intention of this Agreement that the
Contractor shall be, and remain, an independent Contractor, and
nothing herein is intended to be construed as inconsistent with
that status. Subject to the approval of the Owner, the Contractor
shall be free to control the manner and method by which the work
shall be ,performed, and shall inform all persons employed by it
and any subcontractor that they are employed by and work for the
Contractor or subcontractor and not the Owner.
12._' Accounting System. The Contractor shall keep accurate
and detailed books of account open tothe inspection of the Owner
at all times . Contractor shall keep such full and detailed
accounts and job costs as may, be necessary to proper financ-al
7.
management under this Agreement, and the ;system shall be such as
is satisfactory to the Owner. Contractor shall at all times act
in good faith and to the best advantage of the Owner in the pur-
chase of materials, in the employment of labor, and in all its
conduct and activities relative thereto.
13. , Wages . The Contractor shall not pay on acc,unt of work
hereunder any salaries or wages in excess of the salaries or wages
prevailing in the local area of the job site for the respective
classes of services required hereunder, except with the prior con-
sent of. the Owner, and shall present to the Owner a statement of
the prevail. .ag scale and a statement of the salaries or wages to
be paid on this work before they become effective.
14 . Progress Payments . As soon as possible after the first
of each month the Contractor shall submit to the Owner application
for payment of work performed in the preceding month. Monthly pay-
ments to the Contractor for the work performed to such date will be
made by the Owner upon the approval of the payment application.
Such applications for payment shall be submitted in quintuplicate
in a form satisfactory to the Owner and shall be accompanied by
weekly payrolls showing the amounts paid to each workman or employee
and bills for materials delivered to the job site and payments
made or due to subcontractors . The Owner agrees to reimburse the
Contractor promptly upon receipt of application for Ivayment except
as to any item not approved by the Owner. Monthly payments to the
Contractor shall, in addition to payment for worli performed, include
the four percent (4%) of reimburseable costs for Contractor's off-
job overhead expense. It is agreed that the Contractor is to
8,
contribute Ten Thousand Dollars ($10,000) toward the cost of the
repair work to the Overmeyer reservoir, which is part of the con-
sideration for mutual releases dated this date in connection with
City Cash Contract No. 172. The Owner shall, therfore, make no
cash payments to the Contractor under this Agreement until such
time as approved monthly billings exceed the sum of Ten 111ho,i, d
a
Dollars ($10,000) . When the total of approved billdnce,5
Ten Thousand Dollars ($10,000) , then applicable cash payme.,'ts shall
be made monthly by the Owner to the Contractor,
15. Insurance. Insurance coverage for the project shall be
provided as follows:
(a) Workmen's' Compensation and Employers ' Liability.
The contractor will maintain Workmen's Compensation
«ad Employers' Liability Insurance covering all of
his employees engaged in the work described in this
contract. The Workmen's Compensation and benefits
will be full statutory benefits and the limit of
liability for Employers ' Liability will be no less
than $100,000,
(b) ' 'Public Liabil ty' and Property Damage Insurance.
The Contractor shall furnish to the Owner and maintain
during the life of the contract ,a protective liability
policy in which the Owner is named as an additional
insured. The policy shall insure and hold harmless
the Owner, its 'officers and employees while acting
within the scope of t�ieir duties, against all claims
arising out of or in connection with the work to be
performed. The policy shall provide for not less
than the following amounts:
Bodily injury $250,000 each person
$500,"00 each accident
Property Damage $100,000 each accident
Such policy shall provide coverage at least as broad
as that provided in the Standard Form approved by the
National Bureau of Casualty Underwriters together
9.
with such endorsements asare required to cover the
risks involved.
The Contractor shall arrange for the policies to be
so conditioned as to cover the performance of "Extra
Work", should such work become necessary.
Prior to the commencement of work under the contract,
evidence of insurance shall be furnished on a form
provided by the Owner, and no other form will be
accepted. In addition, the Contractor shall furnish
evidence of a commitment by the insurance company
to,notify the Owner of the expiration or cancel-
lation of any of the insurance policies required
hereunder not less than thirty (30) days before any
change in coverage, expiration or cancellation is
effective.
The cost of this insurance shall be included in the
prices bid for the various items of work and no
additional compensation will be made therefor.
(c) Builders ' Risk. I1
10
The '(09- shall procure and maintain during the
period of this contract an all risk builders ' risk
insurance policy protecting the Owner, Contractor
and all subcontractors as their interests may appear,
from loss due to damage to the work or to any material
going into the work while at the site of construction
or while in transit to the site of construction. The
lit of liability of this insurance shall be no less
thm' 7.00,000 per occurrencg and shall contain"a
deductible of no more tharF2) 000 per occurrence.
'3 h) yr} C
(d) Insurance Required of' Subcontractors .
The Contractor shall require all subcontractors to
provide and maintain Workmen's Compensation and
Employers ' Liability insurance as required by law
of an employer. The Contractor shall also require
all subcontractors to provideand maintain insurance
including, but not limited to, the insurance cover-
ing the operation of automobiles, trucks and other
vehicles protecting the Owner from liability aris-
ing from injuries, including death, suffered by
persons other than subcontractor's employees and
liability for damages to property arising from and
growing out of the subcontractor's operations in
connection with the performance of his subcontract.
Such insurance covering personal injuries or death
shall be in the sum of not less than $250,000 for
10.
each person and $500,000 for each accident and
the insurance covering damage to property shall
be in the sum of not less than. $ C0-,QOC for one
accident and $200,000 aggregate.
Certificates or certified copies of the insurance policies will
be provided the Owner by the Contractor if the Contractor has the
responsibility of procuring and maintaining the required insurance.
If the Owner has the responsibiii -2 of providing and maintaining
the insurance then it will supply the bontractor with certificates
or certified Copies of the required policies .
1.6. Delays. It is specifically agreed that the Contractor
shall not be held responsible or liable for any Loss, damage,
detention or delay, due to causes beyond the control of the Con-
tractor including, but not limited to, acts of God., acts of a
public enemy, acts of a government, acts of the Owner, acts of
another contractor in the performance of a contract with the Owner,
fires, floods, epidemics, quarantine restrictions, strikes, freight '
embargoes, unusually severe weather, or delays of subcontractors
or suppliers arising from causes beyond the control and without the
fault or negligence of both the Contractor and such subcontractors
or suppliers
17. Indemrifficat -on. The Contractor shall indemnify and save
haraless the Owner from claims due to damage to property or injury
to ersons (including death) which are a result of the negligence
of Contractor's officers, project engineer or job superintendent
Further, the Contractor shall defend all suits or claims for
infringement of any patent rights and shall save the Owner harmless
from loss on account thereof, except that the Owner shall be respon-
sible for all such loss when a particular process or the product
lle
of a particular manufacturer or manufacturers is specified, but
if the Contractor has informal- on that the process or article
specified is an infringement of a patent, it shall be responsible
for such loss unless it promptly gives such information to the
Owr .er,
18. Termination. If the Contractor should be adjudged a
bankrupt, or if it should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed on account
of its insolvency, or if it should persistently or repeatedly
refuse or should fail, except in cases for which extension of time
is provided, to supply enough properly skilled workmen or proper
materials, or if it should fail to make prompt payment to subcon-
tractors or for material or labor or persistently disregard laws,
ordinances or the instructions of the Owner, which condition the
Contractor does not correct within seven (7) dpys after receipt of
written notice thereof, or otherwise be guilty of a substantial
violation of any provision of the contract, then the Owner may,
without prejudice to any other right or remedy and after giving
the Contractor seven (7) days' written notice, terminate the employ-
ment of the Contractor and take possession of the premises and of
all materials, tools, and appliances thereon, and finish the work
by whatever method it may deem expedient. In such case the Con-
tractor shall not be entitled to receive any further payment until
the work is finished. If the Contractor' s services are terminated,
the Contractor shall receive reimbursement for expenses incurred
to date of 'Germination and the applicable portion of the total
fee for the work actually performed by the Contractor, less any,
12.
sums which it has received from the Owner as agent for subcon-
tractors and which become the obligation of the Owner to pay. The
Owner may withhold final payment of any such amount to the Con-
tractor until such costs are finally determined,
19 Miscellaneous .
(a) A performance bond on the General Contractor is required.
The cost will be considered a part of the cost of the
Project, and such bond shall be de-livered to the Owner
and subject to Owner's approval,
-(b) The Contractor will require performance and payment
bonds of all subcontractors where the subcontract
exceeds Two Thousand Five Hundred Dollars ($2,-D00) ,
except where the Owner and the Contractor agree to
waive such requirement, and copies of all such bonds
shall be considered as part of the cost of the sub-
contract.
(c) Title to all work coinplete(. and in the course of con-
struction and to all materials and supplies on account
of which any payment has been made shall be in the
Owner.
(d) Upon completion of all contract and change order work,
the Contractor shall deliver to the Owner a Certificate
of Completion executed by an Officer of the Contractor,
certifying that the Project has been constructed and
completed in a good, and workmanlike manner and that
all costs under the contract have been paid in full.
(e) If available, any manufacturers' warranties concern-
ing equipment installed will ran to the benefit of
the Owner and the Contractor, provided the Owner
allows installation pursuant to the manufacturers '
recommendation,
(f) It is agreed that the Contractor is to perform all
work directed by the Owner to repair the Overmeyer
reservoir. Such work generally consists of joint
repair, slab preparation, and application of an
elastomeric AC coating, of the slab and any necessary '
wall joint repairs . The work is to be performed by,
the Contractor in a manner directed by the Owner.
The Contractor assumes no responsibility for the fit-
ness of the materials used for the purpose intended
and assumes no responsibility for the method used
to obtain a water--tight reservoir. The Contractor's
only obligation is to perform the work directed in a
13.
workmanlike manner. Once thework described above
is completed and the reservoir is ready for testing,
the Contractor's obligation to perform the work for
reimbursable costs, plus four percent (4%) of such
costs for off-job-overhead expense, ceases and any
additional wor';c directed after this poin, is reached
will be performed by the Contractor for reimbursable
costs described herein plus four per('nt (4%) of
such costs for off-job overhead exper,,C�e plus teen
percent (10%) for profit.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument, through their authorized officers, effective the date
first above written.
CITY OF HUNTINCTON BEACH
a municipal corporation
ayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Att orne �rI
PETER K:i,EWIT SONS! CO.
a Nebraska corporation
r*
By ,
Title
14.
ORIGINAL COP
FINAL RELEASE
This agreement made and entered into as of the 20 L
day of November 1973 by and between the City of Huntington
Beach, a municipal corporat:.on, hereinafter referred to as
the City, and PETER KIEWIT SOUS! 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 1971, said
contract being designated City Cash Contract Number 172 for
the construction of the Overmeyer reservoir, and
WHEREAS, all work under such contract was completed
by the Contractor and payment in the amount of $572,692.80
was male 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
water-tight, and
WHEREAS, the City alleges, the Contractor has some
responsibility for at least pant of the repair \cost and the
Contractor alleges it has no responsibility for any part of
such repair cost,
NOW, THEREFORE, in order to compromise the dispute
MHM s k
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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 whc,.--in
the Contractor undertakes to bear $10000 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 Bons '
Co. and the City hereby releases and forever discharges Peter
Kiewit Sons' Co. from any and all ob li,; ations assumed under'
City Cash Contract Number 172. This release by the City of
Peter Kiewit Sons' Co. specifically releasew Peter Kiewit Sons '
Co. from 9.ny and all responsibility for known or unknown defects
in the reservoir.
Kiewit agrees that it has received complete and full
payment from tha City for all work under City Cask, 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 have executed
this instrument, through their authorized officers, effective
the date first above written.
CITY OF HUNTINCTON BEACH,
a m opal corporation
By_,,
Mayor
-2-
ATTEST:
ty Clerk APPROVED AS TO FORM
City Attorney
"'TER KIEW1 ._ SUNS' CO. ,
uontractor
By alarC7
Title
-3-
t .
November 16, 1973
TO: City Council
FROM: City Attorney
SUBJECT: Overm4yer Reservoir--Contract and Release
With 'Peter Kiewit Sons ' Company
Submitted herewith, at the request of the Public works
Department, is a resolution to approve execution of a
contract and mutual release with Peter K ewit Sons '
Company to accomplish necessary repair work at the
Overmeyer Reservoir site.
The contract and release have been negotiated in the
context of a dispute between the parties as to ;initial
responsibility for the leakage that has been detected
in said reservoir. The matter was complicated when the
original repair contractor defaulted, through no fault
of the city. Accordingly, the Public Works Department
desires the original contractor to complete the work
since that company has the most reliable resources for
this job and said contractor, to avoid further-disputes
and litigation with the city, has agreed to do the work
on a cost basis with no assessment for the first �,110,000
of cost incurre6. tA
Respectfully submitted
s{,
DON P., BONFA
City Attomey
I xttachmeat T`�1
i
r
sN
'y
RESOLUTION NO. 3792
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNxINGTON LEACH AUTHORISING THE DEPARTMENT OF
PUBLIC WORKS TO CONTRACT FOR CORRECTIVE WORK
ON UNIT #3 OF THE OVERMYER RESERVOIR
' WHEREAS, i has been determined that corrective work
on Unit #3 of the Overmyer Reservoir is necessary and the
original contractor doing said corrective work has defaulted
and the contract terminated, and it is essential that this
repair work be undertaken immediately inasmuch as the leakage
_detected in the system has precluded its operation; and
The ity has, pursuant to Resolut,.on No. 3652, previously
r:uthorized> $50,Q00 to be applied to the cost of the addi-
tional corrective work and $28,000 has Zot yet been used
to accomplish e work; and
Kiewit Sons Company, the Original contractor on the job,
has negotiated and agreed with the City to do the necessary
remedial work on a cost basis with no charge for the first
$10,000 of cost, making the estimated cost of the ,cork
to be done no more than $25,COO; and
Kiaw?.t has agreed to do %il subsequent repair work which
may be found necessary after tests are run on the completed
reservoir; and
Kiewit and the City, through a desire to settle: disputes
which have existed for over a year as to respcnsibil.ity for
the reservoir leakage problem, and to complete the reservoir
and resolve the problems so as to obtain the needed use of
said reservoir, and in consideration of the above, have pre-
pared a mutual release;, and
The Overmyer project involves the extension of an
existing public utility operRted by the City, to wit: the
City Water Department water d-.: �,ributi.on system, which project
MHM/er 1.
E No.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY,OF HUNTINGTON BEACH )
I, ALICIA M_ WENTWORTH, the duly appol,nted, qualified City
Clerk of the City of;Huntington Beach., and ex-officio Clerk of the
City Council of said 0"ity, do hereby certify that the whole number of
members of the City Council of the City, of Huntington Beach Y. sever.;
that the foregoing resolution was passed and adopted by the affirmative
vote ,of more than a majority of all the members of said City Council
at a rtgular meeting thereof held on the 19' H day
Of November, 0 73 , by the following vote:
AYES': Councilmen:
Rhiplpy.' Rar'*JPft, Grecny.CDea 2111ce, Matney
NOES: Councilmen:
None_
ABSENTS Councilmen:
Gtiobs
4�.�t
City Clerk and exrofficio Clerk
0 the My Council of the City
of Iuntington Beach, California
correct Copy of
The foreF"' r
the edg-`
Attest ,1�.....,�
.». .J' Clerk of the MY
City .� or Huntington Se2cli� Cal.
COU4w
w
P
J
may, therefore, pursuant to Section 12,11` of the City Charter,
be excepted from the bid requirements therein by an affirmative
vote of a majority of the City Council,
NOW, THEREFORE, BE 1T RESOLVED by the City Council of the
City of Huntington Beach that it does, pursuant to City Charter
Section 1211, authorize" _--e Department of Public Works to award,
execute and contract with Kiewit Sons Company to accomplish
the necessary corrective work and to expend no more than
$28,000 for said work pursuant' to this resolution, and that
the City 'Council hereby authorizes the Mayor and the City Clerk
to execute the release attached hereto.
PASSED AND ADOPTED by the Ca,ty Council of the City of
Huntington Beach at a regular meeting thereof held on the19ts,
day of November, 1973.
( Mayor
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Cit -to r --�'
t
t
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