HomeMy WebLinkAboutPublic Works Department - 1996-02-20 (3) C�-
REQUEST FOR COUNCIL ACTION /
MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held: g( .t o/94
Deferred/Continued to: _ _ ►o
;A Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign9dre
Council Meeting Date: February 20, 1996 Department ID Number:
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: #LLES M. JONES II, Director of Public Works
SUBJECT: DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS;
WSC-011
IFStatement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachments
Statement of Issue:
Pursuant to City Council authorization on December 18, 1995, bids were solicited for
Deferred Maintenance Program, Waters Services Contract 011 (WSC-011) for the
following:
• Replacement of deteriorated bolts on 300 system valves;
• Replacement of 70 water services;
• Raising 200 valve boxes to grade
at various locations throughout the City of Huntington Beach.
Bid opening was held on February 6, 1996. No bids were received from outside
contractors. Only one contractor, Gillespie Construction, purchased contract documents,
specifications and standard drawings. This contractor, for reasons unknown, did not bid.
The Water Division of the Public Works Department can perform this work for the
approved budgeted amount of $290,000. This amount includes all materials, equipment
expenses and labor costs to perform this work. Labor costs include the hiring of three
additional employees to perform only this work. As explained during the presentation on
Deferred Maintenance during the budget review process, this program will last for ten
years. When the work is complete, the additional employees will be discharged.
WSC011.RCA -2- 02/07/96 10:33 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER:
Funding Source:
Sufficient funds are available in FY 95/96 Operating Budget. The Engineer's estimate is
$290,000.
Recommended Action:
1. Authorize the Director of Public Works to perform the work specified in WSC-011 using
Water Division forces, as the only responsive bidder.
2. Authorize the Director of Public Works to acquire the additional equipment required to
do the work using a lease/purchase process. The City Council will review and approve
all agreements in this process.
3. Authorize the Director of Public Works to hire three additional employees (one work
crew) to perform this work. The positions requested are Leadworker Water Construction
(1), Equipment Operator Heavy Duty (1), and Serviceworker (1). These employees
would remain on staff for performance of this work only over the course of the ultimate
ten-year program. Their assignment at completion of this project will be determined at
that time.
Alternative Action(s):
Deny request and direct Staff on how to proceed. This option would preclude the Water
Division from embarking upon the Deferred Maintenance Program, as directed by Council
through adoption of the FY 95/96 Budget.
Analysis:
Over the last four years, as water and related costs have risen, the Public Works
Department Water Division has deferred what would have been routine maintenance in
order to balance the budget without raising consumer water rates. With the City Council
adoption of the Fiscal Year 95/96 Budget, the Public Works Department Water Division is
prepared to make necessary infrastructure remedies.
This is the first year of a ten-year planned Deferred Maintenance Program to replace
deteriorated bolts on approximately 300 system valves of various sizes ranging from 6-
inch to 12-inch at various locations; replace 70 water services that are in need of
replacement due to corrosion and/or other deterioration; and raise 200 valve boxes that
are below street grade because of deteriorating asphalt creating a pothole around the
valve box.
This Deferred Maintenance Program was advertised for competitive bid by outside
contractors. No bids were received, and Staff recommends to City Council that the City's
WSC011.RCA -3- 02/09/96 10:51 AM
REQUEST FOR COUNCIL ACTIuN
MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER:
Water Division Staff be authorized to perform the necessary work to the City's
infrastructure. Staff is confident that City forces can perform the required work at a cost
far below that which an outside contractor would have bid. Performing this work in-house
also ensures a very high level of quality and security for the City's water supply. The total
estimate of $290,000.00 includes the hiring of three new employees, leasing the required
trucks and equipment, and purchasing the necessary small equipment and tools, as well
as all materials for the work.
The three new employees are necessary to increase the work capacity of the existing
Water Division Distribution Section. Current workloads for scheduled and unscheduled
maintenance do not allow any time for performance of maintenance deferred from past
years. Without these additional employees, the Water Division cannot perform the subject
work unless everyday work demands are neglected. This would reduce visible service to
our customers to an undesirable level, however. The new positions required are those
that comprise one work crew: Leadworker Water Construction (1); Equipment Operator
Heavy Duty (1); and Serviceworker (1).
Environmental Status:
The Deferred Maintenance Program; WSC-011, has been determined to be categorically
exempt pursuant to Class I, Section 15301, of the California Environmental Quality Act.
Attachment(s):
RCA dated December 18, 1995.
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NumberCity Clerk's
Page
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P"''ZUEST FOR COUNCIL ACTION
MEETING DATE: December 18, 1995 DEPARTMEN ( ID NUMBER:
Council/Agency Meeting Held:
Deferred/Continued to:
❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: December 18, 1995 Department ID Number:
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY:('�-L.ES M. JONES II, Director of Public Works
SUBJECT: DEFERRED MAINTENANCE PROGRAM AT VARI LOCATIONS;
WSC-011
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Env i n ental Status,Attachments)
Statement of Issue:
Council authorization is needed to solicit bids for Deferred Maintenance Program; Water
Service Contract (WSC) 011, for the following:
• Replacement of deteriorated bolts on 300 system valves;
• Replacement of 70 water services;
• Raising 200 valve boxes to grade
at various locations throughout the City of Huntington Beach.
Fundinq Source:
Sufficient funds are available in FY 95/96 Operating Budget. The Engineer's estimate is
$290,000.
Recommended Action:
1. Approve the contract documents and authorize the Director of Public Works and the
City Clerk to solicit bids.
2. Approve the attached contract, subject to Council's award of contract to the lowest
responsible bidder.
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RF 'JEST FOR COUNCIL ACTIr"N
MEETING DATE: December 18, 1995 DEPARTMENT ID NUMBER:
Alternative Action(s):
Deny request and direct Staff on how to proceed. This option would preclude the Water
Division from embarking upon the Deferred Maintenance Program, as directed by Council
through adoption of the FY 95/96 Budget.
Analysis:
Over the last four years, as water and related costs have risen, the Public Works
Department Water Division has deferred what would have been routine maintenance in
order to balance the budget without raising consumer water rates. With the City Council
adoption of the Fiscal Year 95/96 Budget, the Public Works Department Water Division is
prepared to make necessary infrastructure remedies.
This is the first year of a 10-year planned Deferred Maintenance Program to replace
deteriorated bolts on approximately 300 system valves of various sizes ranging from 6-
inch to 12-inch at various locations; replace 70 water services that are in need of
replacement due to corrosion and/or other deterioration; and raise 200 valve boxes that
are below street grade because of deteriorating asphalt creating a pothole around the
valve box.
This Deferred Maintenance Program will be bid competitively by contractors. The Water
Division staff °engineer's estimate" of $290,000.00 for this work is based on the
Division's cost to perform the work. If the lowest contractor bid exceeds this amount, Staff
will recommend to the City Council that the Water Division Staff do the work. 'This would
require hiring three new employees, leasing the required trucks and equipment, and
purchasing the necessary small equipment and tools. All of these costs are included in
the $290,000.00 estimate.
Environmental Status:
The Deferred Maintenance Program; WSC-011, has been determined to be categorically
exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act.
Attachment(s)•
Sample Construction Contract for Deferred Maintenance Program at Various Locations;
WSC-011
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City Clerk's
Page Number
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SAMPLE
CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE DEFERRED MAINTENANCE PROGRAM
AT VARIOUS LOCATIONS (WSC-011)
Table of Contents
Section Page
I Statement of Work; Acceptance of Risk 1
2 Acceptance of Conditions of Work; Plans and Specifications 2
3 Compensation . 3
4 Commencement of Project 4
5 Time of the Essence 4
6 Changes 4
7 Notice to Proceed 5
8 Bonds 5
9 Warranties 6
n 10 Independent Contractor Co 6
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11 Liquidated Damages/Delays 6
12 Differeing Site Conditions 8
13 Variations in Estimated Quantities 8
14 Progress Payments 9
15 Withheld Contract Funds, Substitution of Securities . 9
16 Affidavits of Satisfaction of Claims 10
17 Waiver of Claims 10
18 Indemnification, Defense, Hold Harmless 10
19 Workers Compensation Insurance 11
20 Insurance 11
21 ' Certificates of Insurance; Additional Insured Endorsements 12
22 Default and Termination 12
23 Disposition of Plans, Estimates and Other Documents 13
24 Non-Assignability 13
25 City Employees and Officials 13
26 Stop Notices; Recovery of Administrative Costs 13
27 Immigration 14
28 Notices 14
29 Captions 14
30 Legal Services Subcontracting Prohibited 14
31 Entirety 15
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SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE DEFERRED MAINTENANCE PROGRAM
AT VARIOUS LOCATIONS (WSC-011)
THIS AGREEMENT, made and entered into this day of
19 , by and between the City of Huntington Beach, a
municipal corporation of the State of 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 Deferred Maintenance Program at various locations in
the City of Huntington Beach, Sunset Beach, and unincorporated areas the City serves; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
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1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, materials, tools,
equipment, supplies, transportation, and all other items, services and facilities necessary to
complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the 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, and for
all other risks of any description in connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except such
as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the
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RLS 95-724
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work within the stipulated time and in the manner shown and described in this Agreement, and in
accordance with the requirements of CITY under them for the compensation set forth in the
accepted bid proposal.
However, the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND
SPECIFICATIONS.
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 that it enters into this Agreement based upon its investigation of all such matters and is
relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto;
D. The 1991 edition of Standard Specifications for Public Works
Construction, published by Builders'News, Inc., 3055 Overland Avenue, Los Angeles,
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RLS 95-724
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CA 90034, and 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 the California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the Bid Proposal Form are attached hereto;
F. The particular plans, specifications, special provisions and 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 shall be immediately submitted by CONTRACTOR to the
Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision
said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid or
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proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
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3. COMPENSATION
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 Dollars
($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement.
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RLS 95-724
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4. CONM1ENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
() consecutive calendar days from the day the "Notice to Proceed" is issued by DPW,
excluding delays provided for in this Agreement.
5. TDJE OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall coordinate its work with the work of all other contractors,
subcontractors, and CITY forces working on the PROJECT, 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
performed and shall have the right to decide the time and order in which the various portions of
the work shall be performed and the priority of the work of other contractors, subcontractors and
CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of
CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW.
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RLS 95-724
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing by
the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data
submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order
to CONTRACTOR and the contract price will be adjusted upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued. In event of a delay in commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay
due to such unavailability.
S. BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney: One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work; one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount
of one hundred percent of the contract price to guarantee payment of all claims for labor and
materials furnished.
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9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the defective
item or items. Upon expiration of such ten(10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social security,
state disability insurance compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if
any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days 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 and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for
each and every working day's delay in completing the work in excess of the number of
working/calendar days set forth herein, which represents a reasonable endeavor by the parties
hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event
of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided,
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RLS 95-724
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and further agrees that CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant a further period of time prior to the date of final settlement of
the 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 decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to 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 of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented in
writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
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12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement. The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall
be made and the Agreement modified in writing accordingly;
(2) Time Extension: 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 IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment. Payment to
the CON'I'R.ACTOR 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 to the provisions of this section. The
DPW may, at its sole discretion, when warranted by the facts and circumstances, order an
equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of 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 1s such as to cause an increase 1n the time necessary for completion, the DPW shall
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RLS 95-724
ascertain the facts and circumstances and make such adjustment for extending the completion date
as in its judgment the findings warrant.
14. PROGRESS PAYMENTS
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 paid to CONTRACTOR
When CONTRACTOR has, 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(%I00) 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 Agreement and that the amount stated int.
certificate is due under the terms of the Agreement. Partial payments on the contract price shall
not be considered as a acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement.
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16. AFFIDAVITS OF SATISFACTION OF CLAIMS
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 paid 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, or items in connection
with Notices to Withhold which have been filed under the provisions of the statutes of the State of
California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
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 damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise 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. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
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19. WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness 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
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain 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,
Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to
CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. 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 policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional Insureds.
CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the
life of this Agreement, in a 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 aggregate
limit, such limit shall be no Iess 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 aggregate
limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and
agrees to pro vide'certificates evidencing the same.
21 CERTIFICATES OF INSURANCE.• ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein; 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 canceled or modified without thirty (30)
days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the terms of 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 policies hereunder required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of
this Agreement or the contract documents, CITY may give notice in writing of its intention to
12
G:4�sWgree:WSC-011
RIS 95-724
r
terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice 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
CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may
make good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
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
delivered to CITY and become its sole property at no further cost.
24. NON-ASSIGNABU-ITY
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 EMPLOYEES AND OFFICIALS
I 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 California Government Code sections 1090
et seq.
26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold,
13
G:4\s\Agree:W SC-011
RLS 95-724
S • t6
r
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
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
CITY is named 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 Agreement.
27. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of 8
U.S.C. § 1324a regarding employment verification.
28. NOTICES
All 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
made, at the place of business of such party, or to any other place designated in writing by such
Ply
29. CAPTIONS
Captions of the section 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
interpretation, construction or meaning of the provisions of this Agreement.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
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 outside the
scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
14
GA\s1Agree:WSC-011
RLS 95-724
l r t
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ENTIRETY
The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CONTRACTOR: CITY OF HUNTINGTON BEACH
a municipal corporation of
the State of California
By:
print name
ITS: (circle one)chairman/President/vice President Mayor i
f
ATTEST:
By:
print name
ITS: (circle one)Secretary/chief Financial Officer/ City_ Clerk
Asst.Secretary-Treasurer
APPROVED AS TO FORM
Wtto e T e li(LI I's
REVIEWED . APPROVED: INIT TED APPROVED:
City Adm nistrator Director of. Works
15
c:4\swgrce:wsc-01 t
RL8 95-724
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works - Water
SUBJECT: DEFERRED MAINTENANCE PROGRAM AT
VARIOUS LOCATIONS; WSC-011
COUNCIL MEETING DATE: February 20, 1996
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (if applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED' FOR ED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below • . For •
y� SECTION A "z-o4't� 1/5-a196
NOTICE INVITING SEALED BIDS
for the
DEFERRED MAINTENANCE PROGRAM AT VARIOUS LOCATIONS
WATER SERVICE REPLACEMENT, VALVE BOLT AND NUT REPLACEMENT AND
VALVE BOX ADJUSTMENT PROGRAM
WATER SERVICE CONTACT No.WSC-011
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office
of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to
the hour of 2:00 P.M. on February 6, 1996. Bids will be publicly open in the Council Chambers
unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$5.00 nonrefundable fee if picked up, or payment of a $6.00 nonrefundable fee if mailed.
1.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per diem wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations of
the State of California, which are on file at the Office of the Director of Public Works, 2000 Main
Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full
opportunity to submit bids in response to this notice and will not be discriminated against on the
basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the
award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
A-1
The bid must be accompanies a certified check, cashier's check, or ._,;--.er's bond made payable
to the AGENCY for an amount no less than 10% of the amount bid. 'i ie successful bidder shall
be licensed in accordance with provisions of the Business and Professions Code and shall possess
a State Contractor's License Class at the time of the bid opening. The successful Contractor and
his subcontractors will be required to possess business licenses from the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 18th day of December, 1995.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
2000 Main Street - 2nd floor
Huntington Beach, California 92648
(714) 536-5227
A-2
n!LucNt E. ---
SECTION A Carrtractor ma substitute
NOTICE"MYN�IO anewmw *. rety of
SEALED SIDS equal valoe W the retention
for the DEFERRED in accordance,with the pro-
for visions of the California
Government Code, Section
PROU'RAIIlt AT- 4590.The Contractor shall
VARiiOUS LOCATIONS be beneficial owner of the
WATER SERVICE any and shall
Interest thereon.receive
REPLACEMENT.VALVE y
BOLT AND NUT The AGENCY hereby af-
REPLACEMENT ANO firmati ely ensures that mi-
- VALUE BOX nonty iwsiness enterprises
ADJUSTMENT will be afforded full op,
portunity to submit bids in
PROORAM response to this notice and
WATER SERVICE will not be discriminated
CONTRACT against on the basis of
NO.W6C•011 race, color, national origin,
in thsi CITY OF ancestry,sex,or religion in
HUNTINGTON SUCH to t consideration leading
PUBLIC NOTICE IS to the award 11 contract.
HEREBY GIVEN THAT the re bid shall s prepconsared OF HUNTINGTON on the
it is prepared
BEACH, as AGENCY, in- forms
the approved Proposal
viteb sealed bids for the the In in conformance with
above stated projects and the eons must
Bidders.
will receive such bids in The bid must .be a�
companies by a certified
the office of the City Clerk,
check, cashier's check, or
Second Floor, 2000 Main
Street, Huntington Beach, bidder's-bond made pay-
Street, 9 8, up to the able to the AGENCY for an
amount no less than 1
hour of 2:00 P.M.on Febru-
ary•6, 1996. Bids will be of the amount bid. The
publicly open in the Coun- successful bidder shall be
licensed in accordance
cil Chambers unless other-
wise posted with provisions si the ode
Copies of the Plans, andnes and Professions Code
p and shall possess a State
Specifications and contract Contractw's License Class
documents are available at the time of the bid open-
from the Office of the DI- Ing. The successful Con-
rector of Public Works, tractor and his subcontrac-
2000 Main Street, Hunting- tors will be required to Pos-
ton Beach,CA 92648,upon sess business licenses for
payment of a$5.00 nonre- the AGENCY.
fundable fee if picked,up, The AGENCY reserves the
or payment of a$6.00 non- right to reject any or all
refundable fee if mailed: bids,to waive any irregular-
Any contract entered into ity and to take all bids
pursuant to this notice will under advisement for a
incorporated the provisions maximum period of 60
of_the State Labor Code. days.
Pursuant to the prov[sions BY ORDER of the CITY
of the Labor Code of the COUNCIL of the CiTY OF
State of California,the min- HUNTINGTON BEACH,,
Imum prevailing rate of per CALIFORNIA,the 18th day
diem wages for each craft, of December,1995.
classification' or type of Attest:Connie Brock
-
workman needed to ex-, vnyr CITY CLERK OF
ecute the contract shall be THE CITY OF HUH-
those determined by the T I N G T O N BEACH
Director of Industrial Rela- ,
tions of the State of Cslifor- 2000 MaM Stroot-2nd
nia,which are on file at the floors HunIttnyton
Office of the Director of Bosch, Callfornla
Public Works, 2000 Main 92648, 1714) 636-
Street, Huntington Beach, $227
CA 92648. Published Huntington
The AGENCY will deduct Beach-Fountain Valley In-
a 10% retention from all
progress payments. The dependent January 26,
February 1,1996.
014-1151
HUNTINGTON BEACH FOUNTAtu VALLEY
Independent
THE NEWPORT BEACH•COSTA MESA PILOT
Client Reference � .
Independent Reference ON - 6
Dear Advertiser:
Enclosed please find clipping of your ad from the
first publication, beginning
If you need to make any changes or corrections,
please call me at your earliest convenience.
The cost of this publication will be $
Thanks for your cooperation and patronage.
Sincerely,
4dy Gettingger
Legal Advertising Department
18682 Beach Boulevard, Suite 160
Huntington Beach, CA 92648
(714) 965-3030
(714) 965-7174 FAX
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange }
I am a Citizen of the United States and a
resident of the County aforesaid; i am
over the age of eighteen years, and not a
party to or interested in the below PUBLIC NOTICE Contractor may substitute
SECTION A an escrow holder surly of
entitled matter. l am a principal clerk of NOTICE INVITING equal value to the retention
in accordance wih the pro-
mla
the HUNTINGTON BEACH INDEPENDENT, a $�D B1 R GDS overnment
of u,o calection
for tM DEFERRED Government Code, Seaton
MAINTENANCE 4590 The Contractor shall
newspaper of general circulation printed PROGRAM AT be beneficial owner of the
VARIOUS LOCATIONS
! surety and shall receive and published in the City of Huntington WATER SERVICE my interest thereon
he AGENCY hereby af-
REPLACEMENT,VALVE firmatively ensures that mi-
Beach County of Orange State ofL BOLT AND NIT nor business enterprises
r Orange, REPLACEMENT AND will be afforded full op-
California, and that attached Notice is a VALVE BOX portunity to submft bids In
true and complete CQ as was printed ADJUSTMENT response to this notice and
copyv PROGRAM will not be discriminated
l� WATER SERVICE against on the basis of
and published in the Huntington Beach CONTRACT race, color, national origin,
NO.WSC-011 ancestry,sex,or religion in
y consideration leading
and Fountain Valle issues of said In the CITY OF to{he award of contract
Y HUNTINGTON BEACH No bid shall be consid-
newspaper t0 wit the issue(S) of: PUBLIC NOTICE IS ered unless it is prepared
HEREBY GIVEN THAT the on the approved Proposal
CITY OF HUNTINGTON forms In conformance with
BEACH, as AGENCY, in- the Instructions to Bidders
vites sealed bids for the The bid must be so-
above stated projects and companled by a certified
MR receive such bids In check, cashier's check, or
the office of the City Clerk, bidder's bond made pay-
J a n u a r y 25, 1996 Second Floor, 2000 Main able to the AGENCY for an
Street, Huntington Beach, amount no less than 10%
February 1 , 1996 California, 0o p M on F b e successful of the bidderunt bid
shall be
ary 6, 1996. Bids will be licensed in accordance
publicly open in the Coun- with provisions of the Busi-
cil Chambers unless other- ness and Professions Code
Mae posted and shall possess a State
! declare under enal�` of er ur that Copies of the Plans, Contractor's License Class
p `I p y� Specifications and contract at the time of the bid open-
documents are available ing
the foregoing is true and correct. from the O The successful Office of of the Di- Use and his subcontrao
rector of Public Works, tors will be required to pos.
2000 Main Street, Hunting- sess business Incenses for
ton Beach,CA 92648,upon the AGENCY.
payment of a$5 00 none- The AGENCY reserves the
Executed on February1, 1 O 6 turxlable fee a picked up, fight to reject any or all
! 7 or payment of a S6 00 norr bids,to waive any Irregular-
or fee ti malled. ity and to take all bids
at Costa Mesa, California. Any contras entered Into under advisement for a
punwant to this notice will maximum period of 60
incorporated the provisions days.
of the State Labor Code BY ORDER of the CiTY
pursuant to the provisions COUNCIL of the CITY OF
of the Labor Code-of the HUNTINGTON BEACH,
gee of California,the M111- CALIFORNIA,the 18th day
[mum prevailing rate of per of December,1995
diem wages for each craft, Attoats Connio Brook
classl8cadion or type of way, CiTY CLERK OF
workman needed to ex THE CITY OF HUN•
Gouts the contract shall be T I N G T O N BEACH,
those determined by the 20D0 Main Stroot•2nd
Director of Industrial Re1a- floor, Hu n t i n g to n
Signature tionsoftheStateofCaltior- Beac
h,nia,which are on file at the Beach, California
Office of the Director of , (7 14) 536.
Public Works, 2000 Main 5227
Street, Huntington Beach, Published Huntington
CA 92548.AGE NCY will deduct Beach-Fountain Valley In-
a 10% retention from all dependent January 25,
progress payments. The February 1,1996
(j � � 014-851
9� y3Y . 10
0�3
AUEST FOR COUNCIL ACTIvN
MEETING DATE: December 18, 1995 DEPARTMENT ID NUMBER:
Council/Agency Meeting Held* !r
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signat e
Council Meeting Date December 18, 1995 Department ID Number
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T UBERUAGA, City Administrator
PREPARED BY:JLES M JONES II, Director of Public Works
SUBJECT: DEFERRED MAINTENANCE PROGRAM AT VARI LOCATIONS;
WSC-011
[statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Env ental Status,Attachment(s)
Statement of Issue:
Council authorization is needed to solicit bids for Deferred Maintenance Program, Water
Service Contract (WSC) 011, for the following
• Replacement of deteriorated bolts on 300 system valves,
• Replacement of 70 water services,
• Raising 200 valve boxes to grade
at various locations throughout the City of Huntington Beach
Funding Source:
Sufficient funds are available in FY 95/96 Operating Budget The Engineer's estimate is
$290,000
Recommended Action:
1 Approve the contract documents and authorize the Director of Public Works and the
City Clerk to solicit bids
2 Approve the attached contract, subject to Council's award of contract to the lowest
responsible bidder jf�
WSC011.RCA -2- 12/06/95 2:18 PM
AUEST FOR COUNCIL ACT11%A
MEETING DATE: December 18, 1996 DEPARTMENT ID NUMBER:
Alternative Action(s):
Deny request and direct Staff on how to proceed. This option would preclude the Water
Division from embarking upon the Deferred Maintenance Program, as directed by Council
through adoption of the FY 95/96 Budget.
Analysis:
Over the last four years, as water and related costs have risen, the Public Works
Department Water Division has deferred what would have been routine maintenance in
order to balance the budget without raising consumer water rates With the City Council
adoption of the Fiscal Year 95/96 Budget, the Public Works Department Water Division is
prepared to make necessary infrastructure remedies
This is the first year of a 10-year planned Deferred Maintenance Program to replace
deteriorated bolts on approximately 300 system valves of various sizes ranging from 6-
inch to 12-inch at various locations; replace 70 water services that are in need of
replacement due to corrosion and/or other deterioration; and raise 200 valve boxes that
are below street grade because of deteriorating asphalt creating a pothole around the
valve box
This Deferred Maintenance Program will be bid competitively by contractors The Water
Division staff "engineer's estimate" of $290,000.00 for this work is based on the
Division's cost to perform the work If the lowest contractor bid exceeds this amount, Staff
will recommend to the City Council that the Water Division Staff do the work This would
require hiring three new employees, leasing the required trucks and equipment, and
purchasing the necessary small equipment and tools All of these costs are included in
the $290,000.00 estimate
Environmental Status:
The Deferred Maintenance Program, WSC-011, has been determined to be categorically
exempt pursuant to Class I, Section 15301 of the California Environmental Quality Act
Attachment(s):
Sample Construction Contract for Deferred Maintenance Program at Various Locations,
WSC-011
LMJ:JRR:DFF:lb
City Clerk's
Page Number
WSC011.RCA -3- 12/06/95 2.18 PM
1
SAMPLE
CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE DEFERRED MAINTENANCE PROGRAM
AT VARIOUS LOCATIONS (WSC-011)
Table of Contents
Section Page
1 Statement of Work, Acceptance of Risk 1
2 Acceptance of Conditions of Work, Plans and Specifications 2
3 Compensation 3
4 Commencement of Project 4
5 Time of the Essence 4
6 Changes 4
7 Notice to Proceed 5
8 Bonds 5
9 Warranties 6
10 Independent Contractor 6
11 Liquidated Damages/Delays 6
12 Differeing Site Conditions 8
13 Variations in Estimated Quantities 8
14 Progress Payments 9
15 Withheld Contract Funds, Substitution of Securities 9
16 Affidavits of Satisfaction of Claims 10
17 Waiver of Claims 10
18 Indemnification, Defense, Hold Harmless 10
19 Workers Compensation Insurance 11
20 Insurance 11
21 Certificates of Insurance, Additional Insured Endorsements 12
22 Default and Termination 12
23 Disposition of Plans, Estimates and Other Documents 13
24 Non-Assignability 13
25 City Employees and Officials 13
26 Stop Notices, Recovery of Administrative Costs 13
27 Immigration 14
28 Notices 14
29 Captions 14
30 Legal Services Subcontracting Prohibited 14
31 Entirety 15
4\s\G Agree WSC-011\11/21195
RLS 95-724
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR THE DEFERRED MAINTENANCE PROGRAM
AT VARIOUS LOCATIONS (WSC-011)
THIS AGREEMENT, made and entered into this day of
, 19 , by and between the City of Huntington Beach, a
municipal corporation of the State of 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 Deferred Maintenance Program at various locations in
the City of Huntington Beach, Sunset Beach, and unincorporated areas the City serves, and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows
1 STATEMENT OF WORK, ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor, materials, tools,
equipment, supplies, transportation, and all other items, services and facilities necessary to
complete and construct the PROJECT in a good and workmanlike manner
CONTRACTOR agrees to assume the risk of all loss or damage arising out of the 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, and for
all other risks of any description in connection with the work, including, but not limited to, all
expenses incurred by or in consequence of the suspension or discontinuance of work, except such
as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the
1
G 4\s\A8 WSG011
RLS 95-724
work within the stipulated time and in the manner shown and described in this Agreement, and in
accordance with the requirements of CITY under them for the compensation set forth in the
accepted bid proposal
However, the total compensation to be paid is to be computed on the basis of the units of
work as it is actually performed, in accordance with the stipulated prices named in the Bid
Sheet(s)
2 ACCEPTANCE OF CONDITIONS OF WORK PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of tins 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 all such matters and is
relying in no way upon any opinions or representations of CITY
It is agreed that the Contract Documents are incorporated into this Agreement by
this reference, with the same force and effect as if the same were set forth at length herein, and
that CONTRACTOR and Its subcontractors, if any, shall be bound by said Contract Documents
insofar as they relate in part or in any way, directly or indirectly, to the work covered by this
Agreement
"Contract Documents" as defined herein mean and include
A This Agreement,
B Bonds covering the work herein agreed upon,
C The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public Works of CITY and
adopted by the City Council of CITY, and any revisions, amendments or addenda thereto,
D The 1991 edition of Standard Spec f cations for Public Works
Construction, published by Builders'News, Inc, 3055 Overland Avenue, Los Angeles,
2
G 4\c\Agree WSC-011
RIS 95-724
CA 90034, and 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 the California Joint Cooperative Committee,
E Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the Bid Proposal Form are attached hereto,
F The particular plans, specifications, special provisions and 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 shall be immediately submitted by CONTRACTOR to the
Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision
said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3 COMPENSATION
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 Dollars
($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement
3
G 4\s\Ag WSC-011
RLS 95-724
4 COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten(10)working days
after notice to proceed is issued and shall diligently prosecute PROJECT to completion within
() consecutive calendar days from the day the "Notice to Proceed" is issued by DPW,
excluding delays provided for in this Agreement
5 TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents
CONTRACTOR shall coordinate its work with the work of all other contractors,
subcontractors, and CITY forces working on the PROJECT, 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
performed and shall have the right to decide the time and order in which the various portions of
the work shall be performed and the priority of the work of other contractors, subcontractors and
CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of
CONTRACTOR on the premises
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in the
Contract Documents unless a change therefrom is authorized in writing by the DPW
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as the DPW may require in writing Under no
condition shall CONTRACTOR make any changes without the written order of the DPW, and
CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon
in writing by the DPW
4
G 41s\A WSC-011
RLS 95-724
When directed to change the work, CONTRACTOR shall submit immediately to
the DPW a written cost proposal reflecting the effect of the change Should the DPW not agree
to such cost proposal, the work shall be performed according to the changes ordered in writing by
the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data
submitted by the CONTRACTOR, thereupon, CITY will promptly issue an adjusted change order
to CONTRACTOR and the contract price will be adjusted upward or downward accordingly
7 NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished under
this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by
CITY CITY does not warrant that the work will be available on the date the Notice to Proceed
is issued In event of a delay 1n commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay
due to such unavailability
8 BONDS
CONTRACTOR shall, prior to entering upon the performance of this Agreement,
furnish the following three bonds approved by the City Attorney One in the amount of one
hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of
the work, one in the amount of one hundred percent of the contract price to warrant such
performance for a period of one(1)year after CITY's acceptance thereof, and one in the amount
of one hundred percent of the contract price to guarantee payment of all claims for labor and
materials furnished
5
G 4\s\Agee WSC-011
RIS 95-724
9 WARRANTIES
The CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material or
structural facilities constructed CONTRACTOR, within ten(10) days after notice by CITY of
any defect in the work, shall have the option to make appropriate repairs or replace the defective
item or items Upon expiration of such ten(10) day period, CITY may then make appropriate
repair or replacement at CONTRACTOR's risk and expense
10 INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not and employee of CITY CONTRACTOR
shall secure at its expense, and be responsible for any and all payment of all taxes, social security,
state disability insurance compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if
any, in connection with the PROJECT
11 LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work called for hereunder is
not in all parts and requirements finished or completed within the number of calendar days 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 and by reason of such delay, it is, therefore, agreed that CONTRACTOR will pay to
CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for
each and every working day's delay in completing the work in excess of the number of
working/calendar days set forth herein, which represents a reasonable endeavor by the parties
hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event
of and by reason of such delay, and CONTRACTOR agrees to pay said damages herein provided,
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and further agrees that CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays or subcontractors due to such causes
CONTRACTOR shall, within fifteen(15) days from the beginning of any such
delay(unless the DPW shall grant a further period of time prior to the date of final settlement of
the 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 decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished to 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 of the workers, in nowise caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the
completion of the work shall be extended by the number of days the CONTRACTOR has thus
been delayed, but no allowance or extension shall be made unless a claim therefor is presented in
writing to CITY within fifteen(15) days of the commencement of such delay
No claims for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR
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12 DIFFERING SITE CONDITIONS
(1) Notice The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of
(a) Unknown physical conditions at the job site, of an unusual nature,
differing materially from those ordinarily encountered and generally recognized as inherent to
work of the character to be performed under this Agreement The DPW shall promptly
investigate the conditions and if it finds that such conditions do materially so differ and cause an
increase or decrease in the time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall
be made and the Agreement modified in writing accordingly,
(2) Time Extension 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 IN ESTIMATED QUANTITIES
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 to the provisions of this section The
DPW may, at its sole discretion, when warranted by the facts and circumstances, order an
equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of 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
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ascertain the facts and circumstances and make such adjustment for extending the completion date
as in its judgment the findings warrant
14 PROGRESS PAYMENTS
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 paid to CONTRACTOR
When CONTRACTOR has, 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 (1/6100) 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 Agreement and that the amount stated int
certificate is due under the terms of the Agreement Partial payments on the contract price shall
not be considered as a acceptance of any part of the work
15 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall retain beneficial
ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit
therewith of securities equivalent to the amount of any monies withheld by CITY to ensure
performance under the terms of this Agreement
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T
16 AFFIDAVITS OF SATISFACTION OF CLAIMS
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 paid 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, or items in connection
with Notices to Withhold which have been filed under the provisions of the statutes of the State of
California
17 WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement
18 INDEMNIFICATION. DEFENSE. HOLD HARMLESS
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 damage to CONTRACTOM property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those which
arise 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 CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation
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t
19 WORKERS COMPENSATION INSURANCE
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness 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
such provisions prior to commencing performance of the work hereunder
CONTRACTOR shall maintain 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,
Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees CONTRACTOR shall furnish to
CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation
20 INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability Said insurance shall
also include automotive bodily injury and property damage liability insurance All insurance shall
be underwritten by insurance comparnes 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 policies shall name the CITY, and its officers,
agents and employees, and all public agencies as determined by the CITY as Additional Insureds
CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the
life of this Agreement, in a 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 aggregate
limit, such 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 aggregate
limits CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same
21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required herein, 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 canceled or modified without thirty(30)
days prior written notice to CITY CONTRACTOR shall maintain the foregoing insurance
coverage in force until the work under this Agreement is fully completed and accepted by CITY
The requirement for carrying the foregoing insurance coverage shall not derogate
from the provisions for indemnification of CITY by CONTRACTOR under the terms of 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 policies hereunder required
A separate copy of the additional insured endorsement to each of
CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional
Insureds shall be provided to the City Attorney for approval prior to any payment hereunder
22 DEFAULT AND TERMINATION
If CONTRACTOR fails or refused to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of
this Agreement or the contract documents, CITY may give notice in writing of its intention to
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7
terminate this Agreement Unless the violation is cured within ten(10)days after such Notice 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
CONTRACTOR, CITY may elect not to terminate this Agreement, in such event CITY may
make good the deficiency in which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR
23 DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
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
delivered to CITY and become its sole property at no further cost
24 NON-ASSIGNABILITY
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 EMPLOYEES AND OFFICIALS
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 California Government Code sections 1090
et seq
26 STOP NOTICES,RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to reasonable administrative costs and attorney fees, costs
and necessary disbursements ansing out of the processing of Stop Notices, Notices to Withhold,
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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
Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not
CITY is named 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 Agreement
27 MMGRATION
CONTRACTOR shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of 8
U S C § 1324a regarding employment verification
28 NOTICES
All 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
made, at the place of business of such party, or to any other place designated in writing by such
Ply
29 CAPTIONS
Captions of the section 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
interpretation, construction or meaning of the provisions of this Agreement
30 LEGAL SERVICES SUBCONTRACTING PROHIBITED
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 outside the
scope of services contemplated hereunder CONTRACTOR understands that pursuant to
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a
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY, and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR
31 ENTIRETY
The foregoing represents the entire Agreement between the parties
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written
CONTRACTOR CITY OF HUNTINGTON BEACH
a municipal corporation of
the State of California
By
print name
ITS (circle one)Chairman/President/Vice President Mayor
ATTEST
By
print name
ITS (circle one)Secretary/Chief Financial Officer/ City Clerk
Asst Secretary-Treasurer
APPROVED AS TO FORM
A..V-%r Q--e 11/zi l�s
REVIEWED APPROVED INIT TED APPROVED
City Ad nistrator Director o Pub Works
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works - Water
SUBJECT: Deferred Maintenance Program at Various
Locations; WSC-011
COUNCIL MEETING DATE: December 18, 1995
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc
(Appoved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial y
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM.-
(Below Space For City Clerk's Use
Only)