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HomeMy WebLinkAboutUNITED STORM WATER, INC - 2002-09-10 Awr Contracts Checklist for Submittal to City Clerks Office Hun, Fk«h• (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: United Storm Water, Inc. 2. Purpose of Contract: For Example:Audit SerKices or Water Quality Testing Huntington Lake—Huntington Central Park Flood Station Forebay Cleaning 3. Expiration Date: If no expiration date,please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. September 10, 2004 4. Amount of Contract: $1,000,000 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(renewa mendmen etc)? RYES❑NO ' B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested—pursuant to HBMC 3.03.100? ❑YES N/A OR Is the attached contract a SOLE SOURCE? C p.� (se,c f G.�e�cPc�ea t/e x 15"o s, ❑YES N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? RYES PLEASE INCLUDE: CITY CLER SE ONLY: Cat o , Data En! — a Alpha /D 9/06 Howard Johnson — 5503 -1-5 or •600.30 Pending Name/Extension t I_J/� ' � SM ) t6M� �i � • v — P/L. ^�o— 6 0 Public Works - Utilities Nu-.^)C-IL - ©P-f(-1A 'A,4- r ��, Department A I : /�0% —!`+ 9//d�aoo 'Su.PP4Y/A)6 Gq u/Pm�ti T Sc c P�riV/.f/O,J Ay.J C11-8 0R- 7-0 p Q M+i,�.�J AJ CA; Pu M P s%�o,J �o��/�^��' Date Z,; D0.I) RECORDS DN:Check City Clerk's Database for Existing File. ❑DONE G g:tforms/city clerk contract checklist.doc //-3 -03- s CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION RECEi 'V Jennifer McGrath, City Attorney F Connie Brockway, City Clerk C� DEC � y y D� 3 0 2003 SUBJECT: United Storm Water Agreement '^;tvof Nuntingto❑Beat= DATE: December 29, 2003 The agreement and the amendment are not executed in behalf of the City. I believe the City Administrator will need to sign, as the amount is over $50,000. Also the Exhibit"A" is required per Item "C" on Page 2. Thank you. CB:pe Here are the agreements (original and amended) with the additional signature of Ray and the Exhibit. imp g:/PattyE/Tem plate-InterDeptMemo.doc • CITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk FROM: JENNIFER MCGRATH, City Attorney DATE: November 24, 2003 SUBJECT: Transmittal of Agreements Attached please find the following original agreements: 1. Services Contract Between the City of Huntington Beach and United Storm Drain Water for the Maintenance of Storm Drain Pump Station Forebays. 2. Amendme$t No. 1 to Services Contract Between the City of Huntington Beach and United Storm Water, Inc. for Maintenance of Storm Drain Pump Station Forebays. J IFER MCGRATH, ity Attorney JMP/K Attachments as above c: Howard Johnson, Public Works—Water Division J 03memos/aareements y� L s ity Contracts Checklist for Submittal to City Clerk's Office (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: United Storm Water, Inc. 2. Purpose of Contract.' For Example:Audit Serl(rces or Water Quality Testing Huntington Lake—Huntington Central Park Flood Station Forebay Cleaning 3. Expiration Date: If no expiration date,please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. September 10, 2004 4. Amount of Contract: $1,000,000 A. Is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(renewa mendmen etc)? YES b NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested—pursuant to HBMC 3.03.100? ❑YESON/A OR Is the attached contract a SOLE SOURCE? C O^+,re c f ��e-�c�v�a f/2 X t S i d ❑YES 1 'N/A C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? RYES I . i PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY. _ X_ N-8� t tA/pha��Niimeric }'�. :� Howard Johnson — 5503 oalo0o� sao_ao; ' -----n x Name/Extension — Public Works - Utilities �; } Department '� ¢ Date ' s RECORDSsDN Check Chxk Datebaxtor• sti e. 0'____E ' I i g:/forms/city clerk contract checklist.doc x a AMENDMENT NO. I TO SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNITED STORM WATER,INC. FOR MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS. AMENDMENT is made and entered Anto the day of se-4 Fem: ber 2003, between the CITY OF HUNTINGTON BEACH, a Cali ornf is municipal corporation,hereinafter referred to as"CITY", and UNITED STORM WATER, INC.,hereinafter referred to as CONTRACTOR. WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated September 10, 2001 entitled "Services Contract Between The City Of Huntington Beach And United Storm Drain Water For Maintenance Of Storm Drain Pump Station Forebays" which agreement shall hereinafter be referred to as the "Original Agreement,"and Since the execution of the Original Agreement, CITY and CONTRACTOR wish to amend the Agreement to extend the term thereof an additional one year, and increase the compensation to be paid in consideration of the additional work to be performed by CONTRACTOR, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. TERM The term of this Agreement shall be one year from the date first above written. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder CITY agrees to pay CONTRACTOR as full payment for services rendered, an additional sum not to exceed One Million Dollars($1,000,000). 3. REAFFIRMATION Except as specifically.modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. c O L IN WITNESS WHEREOF, the parties hereto have caused this Agreement executed by and through their authorized offices the day, month and year first aFove�=a`, written. ► -` r,_- �� T c-) O 3{ 03agree/amend stomV8R8/03 1 _ 1 t J UNITED STORM .WATER, INC. , CITY OF HUNTINGTON BEACH, a - municipal corporation of the State of California By: it,.� v o ee s print name ITS: (circle one)Chairma residen ice President Mayor G AND ATTEST: By- 2�.5 `� — c arT o. City Clerk print name ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer City Attorney �,p3 REVIEWED AND APPROVED: INITIA D D AP VED: CitylCdministrator. Director of Public Works 03agree/amend stomV8/25/03 2 1 t r , INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST ECCIVED 1. Requested by: Howard Johson SEP 2 6 2003 2. Date: September 19, 2003 3. -Name of contractor/permittee: United Storm Water, Inc. 4. Description of work to be performed: Flood station forebay cleaning 5. Value and length of contract: $1,000,000 - one year 6. Waiver/modification request: Allow a $25,000 liability deductible 7. Reason for request and why it should be granted: Obtaining the city required $0 deductible would be cost prohibitive to the contractor and they would decline the work. 8. Identify the risks to the City in approving this waiver/modification: None noted. 91) � 63 D partment ead Signature Date- APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the qU A omey's Office disagree. 1. Risk Management Approved ❑ Denied Signature Date 2. City Attorney's Office pproved ❑ Denied r)l ' g� aA 103 Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services - ALOO-19-2003 14:42 Ut&D STORM WATER 626 961 3166 P.02 UNITED STORM WATER, Inc. 41111ongm-rProfecAng Our Wafer?Resources August 9, 2002.. City of Huntington Beach 2000 Main Street Huntington Beach, California 992648 Attention: Mr. Chris Gray SUBJECT: City of Huntington Beach Maintenance of Pump Station Forebays Dear Mr. Gray: United Storm Water, Inc. (United) will be responsible for the supplying; equipment, supervision and labor to maintenance pump station forebays. United Storm Water, Inc. would like to extend our appreciation to the City of Huntington Beach Public Works Department for a successful maintenance pump station forebays project. We are hopeful that the City is satisfied with the services United has provided to the clean pump station forebays maintenance project. We would also like to offer the Clty an extension of our contract for an additional year at the same rates terms and conditions for a total of and., -not to exceed$1,000,000.00 (one million dollars). We look forward to another successful year working with the City of Huntington Beach Public Works Department. Thank you fdr this opportunity to provide these services to the City of Huntington Beach. If you have any questions or need more information, please give me a call. Sincerely, PAUL CORN Director of Operations 14000 E.Valley Blvd., #B•City of Industry. CA 91746-2801 • Toll Free (877)71-STORM•Fax(626) 961-3166 TOTAL P.02 J,W • • SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNITED STORM DRAIN WATER FOR THE MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS AGREEMENT, made and entered into this loth day of September.2002 _ by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and UNITED STORM WATER, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," • generally described as maintenance of storm drain pump station fore bays in the City of Huntington Beach and more specifically described in the attached Exhibit A; and CONTRACTOR has been selected to perform said services, 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 laborrplans,tools, equipment, supplies,transportation, utilities and all other items, services, applicable permits,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 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 02agmdunited stomV9/5/02 1 _ , completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the.requirements of CITY under them for the compensation set forth in the accepted bid proposal. 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. The Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit"A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. Bid documents including the Notice Inviting Bids,the Special Instructions to Bidders and the CONTRACTOR's proposal,the plans and specifications (attached hereto as Exhibit "A"); D. Any insurance that may be required. 02agee/united stomv9/5/02 2 _ 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 One Hundred Twenty Four Thousand Six Hundred Eighty Dollars and fifty-five cents ($124,680.55), as set forth in the Contract Documents,to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR-for services rendered pursuant to this Agreement At the.times and in the manner set forth in Exhibit A. The payments. specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless,pursuant to Paragraph 1 above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty(20)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 02agree/united storm/9/5/02 3 _ 6. TERM OF AGREEMENT The term of this Agreement shall be one year, unless CITY exercises its option to renew as set forth herein. 7. 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. 8. TERMINATION CITY reserves the right to terminate the agreement or any portion thereof, unilaterally at any time and for any reason by service of thirty(30) days written notice to CONTRACTOR. CONTRACTOR understands that the completion of all tasks set forth in this Agreement are expressly conditioned on money being available to CITY to complete all tasks: No representations, express or implied, are made as to funds being available to complete all tasks. Upon receipt of a notice of termination for convenience, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement, and shall, if requested,make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to CITY or, at the option of CITY, give CITY the right to assume those obligations directly,including all benefits to be derived therefrom. CONTRACTOR shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site. 02agmdunited stomV9/5/02 4 Upon such termination, subcontractor shall be entitled to payment in accordance with this Agreement only as follows: (1)the actual cost of the prorata portion of work completed in conformity with this Agreement;plus; (2) such other costs actually incurred by CONTRACTOR as agreed to in writing by CITY. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to CONTRACTOR prior to the date of the termination of this Agreement. CONTRACTOR shall not be entitled to any claim, claim of lien, or stop notice against CITY for any additional compensation or damages in the event of such termination. In the event CITY shall terminate this Agreement: A. CONTRACTOR shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting,typewriting;printing;photostating; photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, works,pictures,drawings, sounds or symbols, or combinations thereof. B. CITY shall have full ownership and control of all such writings delivered by CONTRACTOR pursuant to this Agreement. C. CITY shall.pay CONTRACTOR the reasonable value of services rendered by CONTRACTOR pursuant to this Agreement;provided, however, CITY shall not, in any manner,be liable for lost profits which might have been made by CONTRACTOR had CONTRACTOR completed the services required by this Agreement. In this regard, CONTRACTOR shall furnish to CITY such financial information as, in the judgment of the CITY 02agree/united stop✓9/5/02 5 representative , is necessary to determine the reasonable value of services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR, the.. decisions of the Director of Public Works shall be final. The foregoing is cumulative and does not affect any right or remedy which CITY may have in law or equity: 9. RENEWAL In its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. If negotiations are still in progress at the end of any one year term previously: agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month-to-month operation while negotiations are in progress,the CONTRACTOR shall be obligated to continue performance for at least thirty(30)days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such 02ageduniud stonn/9/5/02 6 breach or failure within ten(10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable.for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. CHANGES CONTRACTOR.shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Department of Public Works (the Department). CONTRACTOR agrees to.make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make'such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered,the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 02agree/united stomV9/5/02 7 _ 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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; ` B. 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. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes,with respect to occupational health and safety,the handling and storage of hazardous materials, accident prevention,safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if 02agrWuniwd ston&9/5/02 8 _ any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. .14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. 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 work. Upon expiration of such ten- (10) day period,CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. 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 an 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. 16. INDEMNIFICATION, DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect,defend,indemnify and hold harmless CITY, its officers, elected or appointed officials,employees,agents, and volunteers from and against any and all, claims,damages, losses,expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature,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 02agree/united stortn/9/5/02 9 _ c CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,including but not limited to.concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 17. 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. 02agme/united swmV9/5/02 10 a, r i 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY,:a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically'provide that any other insurance coverage.which maybe applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 19. 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 coverages as required by this Agreement; said certificates shall: l. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 02agme/united stomV9/5/02 11 _ 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: ."The above-detailed coverage is not subject to.any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 hereinabove 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. 20. 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: 21. 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 02agme/united stom✓9/5/02 12 _ any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 22: NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to the following 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 party. FOR CITY FOR CONTRACTOR Director of Public Works Eduardo Perry,Jr., President City of Huntington Beach United Storm Water 2000 Main Street 14000 East Valley Boulevard Huntington Beach, CA 92648 City of Industry, CA 91746 23. 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. 24. 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. 02agreelunited stom99/5/02 13 _ 25. 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. 26. 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. 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 U.S.C. Section 1324a regarding employment verification. 28. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable.for payment of any subcontractor work invol-,ng legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to 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. 02agne/united stomV9/5/02 14 29. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and "provisions of this agreement or to secure the performance hereof,each party shall bear its own attorney's fees 30. ENTIRETY The foregoing, and Exhibit "A"attached hereto, set forth 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. UNITED STORM WATER CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: 4 /) . ..Eduardo Perry, Jr r sident AND Mayor By: - ATTEST: Robert Pma, Secretary REVIEWED AND APPROVED: City Clerk APPROVED AS TO ORM: Ci dministrator City Attorney D AND AP VED: /D 1 Director of Public Works 02agree/united stomV9/5/02 15 Project Bid.Schedule SEDIMENT AND DEBRIS REMOVAL �--•u�c_._ Item Estimated Unit F xtended No. Quantity Items with pricq written in words Price. Amount Mobilization Forty—eight hundred.. . Dollars 1 Lump.Sum .00/100 Cents S 4,800.00 I S 4.800.00 Per Unclassified Excavation Two—hundred fifty—five Dollars Cubic Yards Twenty—nine Cents S 255.29 S75,310.55 Per cubic vard Deivaterin;—Slater Pump Station C Thirty Dollars 3 Lump Sum 00/100 Cents S 30.00 I S 3,000.00 Dewaterin;all pump stations except Slater Pump Station ` Thirty Collars 4 Lump Sun i S 30.00 i s 5.850.00 00/100 Cents i iDisposal of solids ,non-RCR.A.lead(ro ! I chlorinated materials). To assume Class II j i disposal I i 5..: Cubic Yard a One Hundred Fifteen Dollars 00/100 Cents S 115.00 S33,810.00 Per cubic hard 1 Disposal of solids to assume Class III disposal Sixty- � y Dollars. � 6 Cubic Yard I 00/100 Cents I S 60.00 i $60.00 f Per cubic yard anah-tical Costs ,@ One hundred eighty—five Dollars ` Lump Sum 00/100 Cent; i S 185.00 j 5185.00 ;. To? L FOR SEDItiIENT ANT DEBRIS R.Pv10Va.L Ili r GUR.ES: S 124,680.55 TOTAL FOR SEDI-NIENT ADD DEBRIS R.ENIOVAL, IYi T.ti'OR ns: je Hundred Twenty—Four Thousand Six Hundred Eighty and Fifty—Five Cents x SEP-19-2003 09:30 IITED 626 961 3799 P.02iO3 CORD,M CERTIFICATE OF LIABILITY INSURANCE DATF.IMMro01YY A I II — 9/19/03 PRODUCER 818-464-9300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Speare & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Calif. License 00697201 HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 15303 Ventura Blvd., 7t:h Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sherman Oaks, CA 91403 INSURERS AFFORDING COVERAGE INSURED WSUFERA Zurich Amorlcen ins.Co. United-Storm Wafer, Inc. 14000 E. Valley Blvd. INSURER& Steadfast Insurance Co. City of Industry, CA 91746 INSVRERC: Stato Compensation INSUPER 0: Revised W SLI FER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LYDICATED.NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY-NUMBER PO I POLIC EFFEC LIcf EXPIRATION11L LIMITS A GENERAL LIABILITY CLOS26843200 11/18/02 11/16/03 EACHOCCUR:euCE e 1000000 X COMMERCIAL GENERAL LIABILITY FIRE OAMAGE v►M OMo+iley 18 50000 CLAIMS MADE M OCCUR MED EXP IAPw me om=oN S 5000 PERSONAL&ACV INJURY s 1000000 GENERAL AC-4MGATE a 1000000 CC %AGGREGATE LIMIT APPLIES PEF;: PRODUCTS-CRAP;OP AGG g 1000000 X POLICY PROT LOC A AUTOMOBILE LIABILITY BAP525843300 11/16/02 11/18/03 COMEIINEDsJ%0-9LIMIT s 1000000 X ANY AUTO r=e xodmtl ALL OVANED AUTOS BOOL.V INJURY g SCHEDULED AUTOS OlO PwA^I X.. HMO AUTOS AS TU.F�)F X NCN-OVMTIED AUTOS OODdr In.lur� s IPa ec+atlorMst- . x MCS-96 cGERATB —'� A jrN ���Q PROPERTY DAWCE g x CA99AS Gl l V`C , Fe,acmdvm GARAGE LIABILITY AUTO ONLY.EA ACCIDENT 8 ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG a B EXCESS LIABILITY SE0526843800 II/18/02 11/16/03 EACHOCCUFrEUCE a 5000000 OCCUR CLAIMS MADE AGCfiEGATE a 5000000 DSCUCTIEILE S X I RETENTICN a 10000 s C R EN OWERS COMPENSATION AND 1571364 1/01/03 1/01/04 X T EMVLOYERe'LIABILITY EVIDENCE ONLY E.L.EACH ACI M^ENT 8 1000000 E L DISEASE-SA EMPLOYEE 1000000 E.L.DISEASE-PCLICV LIMIT 8 1000000 B OTHER PEC525842900 11/16/02 11/16/03 PROF LIABILITY/ POLLUTION LIAR $1,000,000 TOTAL LIMIT III E&0 CLAIMS MADE OCC FORM ANNUAL AGG S/T$25,000 DEG. DESCRIPTION OF OPERATIONSLOCATIONSMEHICLESIEXCWQONS ADDED BY ENDORSEMENTIMCIAL PROVISIONS THE CITY OF HUNTINGTON BEACH,ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS PER TERMS AND CONDITIONS OF THE CONTRACT. •10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE OFWAIBSD POLICIES BE CJWCELLED BEFORE THE ExNRATION 17371 GOTHARD STREET DATE THEREOF, THE ISSUING INSURER WILLI�G)�fM(MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDEA NAMED TO THE LEFT.X)IrAPbMK)0000QQ4 XX HUNTINGTON BEACH, CA 92647 txoaxxocoaaox>oxwxeaxrvxocwo�cmamc�caaol�uex�ceccxxmx wwMM X AUTHORIZED IVEM 4%4 ACORD 25-S(7/971 BY • ACORD CORPORATION 1999 SEP-19-2003 09:23 UNITED __ 99% P.02 CEP-19-2003 10:22 UJKED i 626 961 3799 P.02i02 IMPORTANT If the cortifiwte holder is.an ADDITIONAL INSURED, the policy(iesl must oe.endorsed. A stalamer+t on this certificate does not confer rights to me certificate holoor in`Iiev of such engorsementls) If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer 4ents to the certificate noiaer in lieu of such enoorsementlsl DISCLAIMER The Cart-ficate of Insurance on the reverse side of trns form does not constitute a contract between the issuing insureds), autnoriva represcntntive or proqucer, and the certificate hoiaer. nor does h ' affirmatively or negatively amend. extend or aner the coverage afforded by the policies listed thereon. ! I THE CITY OB nUNTINCTON .BEACH, ITS AGENTS, .OFFICERS MM EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS PER TERMS AND CONDITIONS-OF THE. CONTRACT. ACORD 26•S (71971 TOTAL P.02 SEP-19 2003 10:14 _ _ 11NITFn 007 in rnl S ' ` INSURANCE AND INDEMNIFICATION WAIVER o MODIFICATION REQUEST RECEE EDD 1. Requested by: Howard Johson SEP 2 6 2003 2. Date: September 19, 2003 City of,Huntington g£ach 3. -Name of contractor/permittee: United Storm Water, Inc. Qty�lttorn©ys office 4. Description of work to be performed: Flood station forebay cleaning 5. Value and length of contract: $1,000,000 - one year 6. Waiver/modification request: Allow a $25,000 liability deductible 7. Reason for request and why it should be granted: Obtaining the city required $0 deductible would be cost prohibitive to the contractor and they would decline the work. 8. Identify the risks to the City in approving this waiver/modification: None noted. 90 9 t03 D partment ead Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the C ,itX Attorney's Office disagree. 1. Risk Management Approved ❑ Denied k—L Signa'tu�e Date 2. City Attorney's Office ! pproved ❑ Denied gl 103- Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date - If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services AUG-19-2003 14:42 UNITED STORM WATER 626 961 3166 P.02 00,41 R0 UNITED STORM WATER, Inc. 'ql1l1J11FWrProtec6ng Our Water'Resources August 9, 2002 City of Huntington Beach 2000 Main Street Huntington Beach, California 992648 Attention: Mr. Chris Gray SUBJECT: City of Huntington Beach Maintenance of Pump Station Forebays Dear Mr. Gray: United Storm Water, Inc. (United) will be responsible for the supplying; equipment, supervision and labor to maintenance pump station forebays. United Storm Water, Inc. would like to extend our appreciation to the City of Huntington Beach Public Works Department for a successful maintenance pump station forebays project. We are hopeful that the City is satisfied with the services United has provided to the clean pump station forebays maintenance project, We would also like to offer the City an-extension of our contract for an additional year at the same rates, terms and conditions for a total of and not to exceed$1,000,000.00 (one million dollars). We look forward to another successful year working with the City of Huntington Beach Public Works Department, Thank you for this opportunity to provide these services to the City of Huntington Beach. If you have any questions or need more information, please give me a call. Sincerely, PAUL CORN Director of Operations 14000 E.Valley Blvd., #B•City of Industry, CA 91746-2801 • Toll Free (877)71-STORM•Fax(626) 961-3166 TOTAL P.02 pl 1r'_1 q_0nM_R 1 n'n l c'nc oc � cc p'7•i p fa7 AC09D CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DD/YY) 12/02/03 — PRODUCER 818-464-9300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Speare & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Calif. License #0697201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15303 Ventura Blvd., 7th Floor Sherman Oaks, CA 91403 INSURERS AFFORDING COVERAGE INSURED United Storm Water, Inc. INSURER A: Zurich American Ins. Co. 14000 E. Valley Blvd. , INSURER B: Steadfast Insurance Co. City of Industry, CA 91746 INSURERC: State Compensation INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRDATE M DD YDATE IMM/DDNY) A GENERAL LIABILITY GLO525843201 1 1/1 6/03 1 1/1 6/04 EACH OCCURRENCE 9 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50000 CLAIMS MADE a OCCUR MED EXP(Any one person) S 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1000000 X POLICY 7 PRO- LOC A AUTOMOBILE LIABILITY BAP525843301 1 1/16/03 1 1/16/04 COMBINED SINGLE LIMIT g 1000000 X ANY AUTO (Ea accident) --- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS AP (Per person) S X HIRED AUTOS OVEI)„ TO FORM: /{' BODILY INJURY $ X NON-OWNED AUTOS (Per accident) x MCS-90 JE NIFER Mo TH,City Attomev PROPERTY DAMAGE X CA9948 (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 9 ANY AUTO_ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY SE0525843801 1 1/16/03 1 1/16/04 EACH OCCURRENCE $ 4000000 OCCUR CLAIMS MADE AGGREGATE $ 4000000 - S DEDUCTIBLE $ X RETENTION $ 10000 $ C WORKERS COMPENSATION AND 1571364 1/01/03 1/01/04 X I ORY L M TSI I DER EMPLOYERS'LIABILITY EVIDENCE ONLY E.L.EACH ACCIDENT 9 1000000 E.L.DISEASE-EA EMPLOYEE S 1000000 E.L.DISEASE-POLICY LIMIT $ 1000000 B OTHER PEC525842901 11/16/03 11/16/04 PROF LIABILITY/ POLLUTION LIAB $1,000,000 TOTAL LIMIT & E&O CLAIMS MADE) OCC FORM ANNUAL AGG S/T $25 000 DED. DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS PER TERMS AND CONDITIONS OF THE CONTRACT. •10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL.Yc&MX%XA)flM MAIL 30 DAYS WRITTEN 17371 GOTHARD STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,'XI}Q"0W)(XO(00<% 5►x%X HUNTINGTON BEACH, CA 92647 Mo XM>CXO(O ttox)QxXrA$(C">CXMx)QXCKXKWUMMMxas(XOCKN)ix x AUTHORIZED S IVE w ACORD 25-S (7/97) BY ACORD CORPORATION 1988 10 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS PER TERMS AND CONDITIONS OF THE CONTRACT. ACORD 25-S (7/97) (2) • October 20, 2003 - Counclogency Agenda - Page 2 Recess —4:15 p.m. Reconvene—4:30 p.m. 5:00 P.M. — Room B-8 At 5 p.m. the Adjourned Regular City Council Meeting will adjourn and the Regular City Council/Redevelopment Agency Meetings will commence with all members who were present at the Adjourned Regular Meeting roll call. Approx 5:00 P. M. — Room B-8 Public Comments Restricted to Study Session and Closed Session Items Only (See Pages 2 and 3 for Study Session and Closed Session Items) (City Council/Redevelopment Agency) Study Session No. 1 - Discussion of City Administrator Recruitment Process ( . ) The City Council will discuss the process to be followed in recruiting for the position of City Administrator. The Mayor stated that a closed session would be held only to discuss a particular person for appointment as the new City Administrator; that general discussion on the type of person Council would like, or the process to be used for recruitment could not be discussed in closed session. Councilmember Sullivan questioned this closed session as it pertains to discussing a particular person. The City Attorney stated the closed session complied with the Brown Act. The Mayor announced it had been decided to go outside to select a new City Administrator. Approved 6— 1 (Green No) The Mayor outlined her ideas for the process and timeline to recruit for a new City Administrator. Discussion held between Council and City Administrator. The Council concurred with the Mayor on the following process: (1.) The City Administrator to work with staff to develop a Request for Proposal(RFP) for the City Administrator's position to be out by end of November and will be given to the City Council members. (2.) Consultant to be selected in January, interviews in January, February, March and April. April 30`h close. Screen candidates and hire in early May. (City Council/Redevelopment Agency) Study Session No. 2 — Presentation by the City Attorney's and City Administrator's Offices Re: an Overview of the City's Professional Service Agreement Process ( ) The City Attorney's and City Administrator's Offices will present an overview of the City's Professional Service Agreement process. Council memo to come 11-3-03. *' Communication from Administration and the City Attorney Office titled Study Session Material for October 6, 2003 City Council Meeting Professional Services Agreements Process is included in the agenda packet. I (3) • October 20, 2003 -Counci9gency Agenda - Page 3 ** Communication dated October 6, 2003 submitted by the City Administrator and City Attorney titled City Clerk's Proposed Changes to Professional Service Agreement Process—Municipal Code Section 3.03 in opposition to the City Clerk's request to attest to all agreements that are done in-house between Administration and consultants. (Submitted as a Late Communication at the October 6, 2003 meeting.) ** Communication from the City Clerk dated October 1, 2003 titled Request to City Council to Assist City Clerk's Office to Maintain Professional Services Agreements in the Office of the City Clerk as Required by City Charter requesting Council to include a direction that the agreements be prepared to include the City Clerk's Attestation Line. (Submitted at the October 6, 2003 meeting.) ** Report from City Clerk dated October 15, 2003 and titled Reasons for the City Council to Approve the City Clerk's Request to Attest to the Signatures of City Employees Entering Into City Contracts, Just As the City Clerk per City Charter Attests to the Signature of the Mayor on Contracts that are Approved on the City Council Agenda. i I Ilk • rrgysitty Contracts Checklist for Submittal to City Clerk's Office (Please transmit this form when your contract is ready to be filed in the City Clerk's office) To: Connie Brockway, City Clerk x5404 1. Name of Contractor: United Storm Water, Inc. 2. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Flood Station Forebay Cleaning 3. Expiration Date: If no expiration date,please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. September 10, 2004 4. Amount of Contract: $1,000,000 A.is the attached contract RELATED to a PREVIOUSLY SUBMITTED contract(renewa mendmen etc)? )<YES b NO B. Did you attach the LIST OF CONSULTANTS from whom proposals were requested-pursuan to HBMC 3.03.100? Cl YES�N/A OR Is the attached contract a SOLE SOURCE? Ce9r,+.'c,e f G.�e�c�vr,O' fL / S i ❑YES Al WA C. Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? fI�YES PLEASE INCLUDE: CITY CLERK'S OFFICE USE ONLY: �� a 4 gaek ,tom lasta;En x:.. MUphaNu'mer c 7D Howard Johnson — 5503 MS %oo;too< �soot3o ,_► Name/Extension _ a Public Works - Utilities- Department v M1 e q .s Date �. . � NA tIiECORDS,DN Check,C Clerk s Database for �fis�f Fae,u0 O E g1forms/city clerk contract checklist.doc SUA fly PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION 1. Requested by: Public Works Utilities Division 2. Date: August 28, 2003 3. Name of consultant: United Storm Water, Inc. 4. Description of work to be performed: Maintenance of Pump Station Forebays 5. Amount of the contract: $1,000,000 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 89288004. 8. Is this contract generally described on the list of professional service contracts approved by the City Council? ® Yes, ❑ No 9. Is this contractvithin $25,000 or 25%.(whichever is less) of the amount.stated.on the list of professional service contracts approved by the.City Council? .� ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). O-P 6 &?') z-9) 12. Attach proposed scope of work. 13. Attach proposed payment schedule. 40 a l H D AMADRIL, M nager Purchasing/Central Services) ' If the answer to any these questions is"No,"the contract will require approval from the City Council. - AMENDMENT NO. 1 TO SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNITED STORM WATER, INC. FOR MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS AMENDMENT. is made and entered into the day of SP-ke L ber 2003, 'between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as"CITY", and UNITED STORM WATER, INC., hereinafter referred to as CONTRACTOR. WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated September 10, 200a, entitled "Services Contract Between The City Of Huntington Beach And United Storm Drain Water For Maintenance Of Storm Drain Pump Station Forebays" which agreement shall hereinafter be referred to as the"Original Agreement,"and Since the execution of the Original Agreement, CITY and CONTRACTOR wish to amend the Agreement to extend the term thereof an additional one year, and increase the compensation to be paid in consideration of the additional work to be performed by CONTRACTOR, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. TERM The term of this Agreement shall be one year from the date first above written. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder CITY agrees to pay CONTRACTOR as full payment for services rendered, an additional sum not to exceed One Million Dollars ($1,000,000). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. G o IN WITNESS WHEREOF, the parties hereto have caused this Agreement executed by and through their authorized offices the day, month and year first a15ove8_=+`'=_=_ written. t ` c r7 X `' O D 03agree/amend storm/8/28/03 1 _ 'is ' • • UNITED STORM:.WATER, INC-. . CITY OF HUNTINGTON BEACH, a municipal corporation of the State of or Cali tu a ul O s print name ITS: (circle one)Chairma residen ice President Mayor AND ATTEST: By: — City Clerk print name ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer © City Attorney g' REVIEWED AND APPROVED: INITIA D 4NDAP VED: Cit dministrator Director of Public.Works 03agree/amend stonn/8/25/03 2 ' INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST ECEIVE 1. , Requested by: Howard Johson SEP 2 6 2003 2. Date: September 19, 2003 3. -Name of contractor/permittee: United Storm Water, Inc. 1T`J'+`'n,'S° ce 4. Description of work to be performed: Flood station forebay cleaning 5. Value and length of contract: $1,000,000 - one year 6. Waiver/modification request: Allow a $25,000 liability deductible 7. Reason for request and why it should be granted: Obtaining the city required $0 deductible would be cost prohibitive to the contractor and they would decline the work. 8. Identify the risks to the City in approving this waiver/modification: None noted. 90 g t03 D partment ead Signature Date- APPROVALS . . Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City A omey's Office disagree. 1. Risk Management Approved ❑ Denied k_sho Signature Date 2. City Attorney's Office pproved ❑ Denied 2/ al 103 ���`Signatureu Date 3. City.Administrator's Office El Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services AUG-19-2003 14:42 UNIO STORM WATER 626 961 3166 P.02 UNITED STORM WATER, Inc. '41111111111WtTratecting Our lVater'Resourefs August 9, 2002 City of Huntington Beach 2000 Main Street Huntington Beach, California 992648 Attention: Mr. Chris.Gray SUBJECT: City of Huntington Beach . Maintenance of Pump Station Forebays Dear Mr. Gray: United Storm Water, Inc. (United) will be responsible for the supplying; equipment, supervision and labor to maintenance pump station forebays. United Storm Water, Inc. would like to extend our appreciation to the City of Huntington Beach Public Works Department for a successful maintenance pump station forebays project. We are hopeful that the.City is satisfied with the services United has provided to the clean pump station forebays maintenance project, We would also tlke to offer the CItV`an extension of our contract for an additional year at the same rates terms and conditions for a total of and not to exceed $1,000,000.00(one million dollars). We look forward to another successful year working with the City of Huntington Beach Public Works Department, Thank you fdr this opportunity to provide these services to the City of Huntington Beach. If you have any questions or need more information, please give me a call. Sincerely, PAUL CORN Director of Operations 14000 E.Valley Blvd., #B•City of Industry, CA91746-2801 • Toll Free (877)71-STORM•Fax(626) 961-3166 TOTAL P.02 SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNITED STORM DRAIN WATER FOR THE MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS AGREEMENT,made and entered into this loth day of September.2002 _ by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and UNITED STORM WATER, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as maintenance of storm drain pump station fore bays in the City of Huntington Beach and more specifically described in the attached Exhibit A; and CONTRACTOR has been selected to perform said services, 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,-plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, 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 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 02agrWunited stortn/9/5/02 1 _ .{ ' J • • . completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the'compensation set forth in the accepted bid proposal. 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. The Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit'W'. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed.upon; C. Bid documents including the Notice Inviting Bids,the Special Instructions to Bidders and the CONTRACTOR's proposal,the plans and specifications (attached hereto as Exhibit"A"); D. Any insurance that may be required. 02agree/united stomV9/5/02 2 _ 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 One Hundred Twenty Four Thousand Six Hundred Eighty Dollars and fifty-five cents ($124,680.55), as set forth in the Contract Documents,to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR-for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A'shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless, pursuant to Paragraph 1 above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty(20)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 02agree/united storrtn/9/5/02 3 _ 6. TERM OF AGREEMENT The term of this Agreement shall be one year, unless CITY exercises its option to renew as set forth herein. 7. 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. 8. TERMINATION CITY reserves the right to terminate the agreement or any portion thereof, unilaterally at any time and for any reason by service of thirty(30)days written notice to CONTRACTOR. CONTRACTOR understands that the completion of all tasks set forth in this Agreement are expressly conditioned on money being available to CITY to complete all tasks. No representations, express or implied, are made as to funds being available to complete all tasks. Upon receipt of a notice of termination for convenience, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to CITY or, at the option of CITY, give CITY the right to assume those obligations directly, including all benefits to be derived therefrom. CONTRACTOR shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site. 02agree/united storm/9/5/02 4 _ • Upon such termination, subcontractor shall be entitled to payment in accordance with this Agreement only as follows: (1)the actual cost of the prorata portion of work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by CONTRACTOR as agreed to in writing by CITY. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to CONTRACTOR prior to the date of the termination of this Agreement. CONTRACTOR shall not be entitled to any claim, claim of lien, or stop notice against CITY for any additional compensation or damages in the event of such termination. In the event CITY shall terminate this Agreement: A. CONTRACTOR shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting, typewriting,printing, photostating, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, works,pictures, drawings, sounds or symbols,or combinations thereof. B. CITY shall have full ownership and control of all such writings delivered by CONTRACTOR pursuant to this Agreement. C. .CITY shall pay CONTRACTOR the reasonable value of services rendered by CONTRACTOR pursuant to this Agreement;provided, however, CITY shall not, in any manner, be liable for lost profits which might have been made by CONTRACTOR had CONTRACTOR completed the services required by this Agreement. In this regard, CONTRACTOR shall furnish to CITY such financial information as, in the judgment of the CITY 02apwJunited storm/9/5/02 5 representative , is necessary to determine the reasonable value of services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR;the decisions of the Director of Public Works shall be final. The foregoing is cumulative and does not affect any right or remedy which CITY may have in law or equity. 9. RENEWAL In its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. If negotiations are still in progress at the end of any one year term previously . agreed upon,the CITY and the CONTRACTOR shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month-to-month operation while negotiations are in progress,the CONTRACTOR shall be obligated to continue performance for at least thirty(30)days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such 02agree/united stomJ9/5/02 6 breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and.at the expense of CONTRACTOR. CONTRACTOR shall be liable for any.excess cost to CITY over the original contract price. In the event CITY completes the work,or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. CHANGES Y _ CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Department of Public Works (the Department). CONTRACTOR agrees to.make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement;and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered,the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 02agree/united stomV9/5/02 7 _ 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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; B. 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. -SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders,citations, rules; regulations, standards and statutes, with respect to occupational health and safety,the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if 02agee/uniwd stortn/9/5/02 8 - any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. 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 work. Upon expiration of such ten- (10) day period,CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. 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 an 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. 16. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby.agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials,employees,agents, and volunteers from and against any and all, claims,damages,losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature,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 02agree/united stomJ9/5/02 9 _ CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may.be.liable, including but not limited to concurrent active or passive negligence,except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 17. 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. 02agree/united stortn/9/5/02 10 _ 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify. CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 19. 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 coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 02agme/united stoW9/5/02 11 - .& 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state.as follows: 'The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 hereinabove 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. 20. 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. 21. 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 02ag ee/united stortn/9/5/02 12 - any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 22. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to the following 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 party. FOR CITY FOR CONTRACTOR Director of Public Works Eduardo Perry,Jr., President City of Huntington Beach United Storm Water 2000 Main Street 14000 East Valley Boulevard Huntington Beach, CA 92648 City of Industry, CA 91746 23. 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. 24. 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. 02agree/united stomV9/5/02 13 25. 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. 26. 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: 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 U.S.C. Section 1324a regarding employment verification. 28. 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 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. j i a a 02agme/united stomJ9/5/02 14 - } -A. `, • • 29. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this.agreement or to secure the performance hereof;each party shall bear its own attorney's fees. 30. ENTIRETY The foregoing, and Exhibit "A"attached hereto, set forth 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. UNITED STORM WATER CITY-OF HUNTINGTON BEACH, a municipal corporation of the State of �� California By: Eduardo Perry, Jr r ident AND Mayor By: 2 - ATTEST: Robert Pina, Secretary REVIEWED AND APPROVED: City Clerk Qom.. ez,_i APPROVED AS TO ORM: Cit dministrator �. �..� City Attorney D AND AP VED: /D Director of Public Works 02agree/united stomV9/5/02 15 v- wi Project Bid Schedule - SEDIMEN'T AND DEBRIS REMOVAL item Estimated Unit Ectended ro. Ouantitv Items with price written in words Price . Amount Mobilization @ Forty—eight hundred Dollars 1. Lump Sum 00/100 Cents S 4.800.00 I S4.800.00 Per Unclassified Excavation Two—hundred fifty—five Dollars Cubic Yards Twenty—nine Cents S 255.29 575,310.55 Per cubic vard Dewatering—Slater Pump Station @ Thirty Dollars 3 Lump Sum 00/100 Cents 5 30.00 I S 3,000.00 I � Dewatering all pump stations except Slater Pump Station @ Thirty Dollars - 4 Lump Sum i 5 30.00 S 5.850.00 00/100 Cents I . • I I I j Dtsaosal of solids ,non-RCR.a lead Cro 4 chlorinated materials). To assume Class 11 j idisposal l rJ.. . Cubic Yard @ One Hundred Fifteen Dollars 00/100 Cents S 115.00 S 33,810.00 Per cubic yard I Disposal of solids to assume Class III disposal Sixty Cubic Yard @ y Dollars I . . 00/100 Cents S 60.00 560.00 . Per cubic yard , Analvt±cal Costs a f One hundred eighty—five .• . � mDollars � LsmP Sum � 00/100 i 185.00 i 5185.00 Cents I S To FOR SEDItiIE�-T�VD DEBRIS RENIOVa.L I`+ r.GUKES: S 124,680.55 s: TOTAL;FOR SEDIMENT -�L D DEBRIS RENIOVkL IN T•t,O.REDS: dred Twenty—Four Thousand Six Hundred Eighty and Fifty—Five Cents - SEP-19-2003 09:30 IITED • 626 961 3799 P.02iO3 ACOR ,,M CERTIFICATE OF LIABILITY INSURANCE (MMIDDIYYI 9/19/03 PRODUCER 818.464-9300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Speare & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Calif. License #0697201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15303 Ventura Blvd., 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sherman Oaks, CA 91403 INSURERS AFFORDING COVERAGE INSURED. United Storm Water, Inc: wsuFER A Zurich Amorlcan Ins.Co.. 14000 E. Valley Blvd. WSLiaERa: Steadfast Insurance Co. City of Industry, CA 91746 INSURERC: State Compensation W SUMP 0: Revised W9.IPfR E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE POLICY NUMBER —ME EFi C I POLICY EXPIRATION11L LIMITS A OENERALLLA81LITY GLOS25843200 11/18/02 11/16/03 EACH OCCURRENCE d 1000000 x COMMERCIA.L GENERAL LIABILITY cM DAUAGE IAjV*101411) a 50000 CLAIMS MADE X❑OCCUR MED EXP HAM a+e Pw=n) S 5000 PEF+SONAL a ACV INJURY 3 1000000 GENERAL AGctEwTE a 1000000 GENT AGV EGATE LIMIT APPLIES PER: PRODUCTS.CDVPrOP AGG a 1000000 X Pour., 71 PRa LOC A AUTOMOBILE LIABILITY BAP525843300 11/16/02 11/16/03 coMwoomy) L-uMIT 3 1000000 X ANY AUTO E ALL ONME7 AUTOS BODILY INJURY a SCHEDULED AUTOS Olaf pw.ml x HIDED auTOs ID AS"ro F'JP:A _ ... BOOdr iNjukr.. s X NCN•01A NED ALTOS (PAr 0:600As) M X CS•90 AO'A�JGRATH PROPERTY DANbAa x CA9948 a V`vIv F*acod""1 a GARAGE LIABILITY AUTO ONLY.EA ACCIDENT a ANY AUTO OTHEPTHAN EA ACC 3 AUTO CNL !a a B EXCESS LIABILITY SE0525843800 1 1116/02 1 1116/03 EACH OCCUFFV+CE a 5000000 OCOUa D CLAIMS MAOe AGCFEGATE a 5000000 RxWTENTICN a 10000 DEDUCTIBLE S 3 C WOWERS COMPENSATION AND 1571364 1/01/03 1/01/04 X T - EMPLOYERS'LIABILITY EVJDENCE ONLY E.L.EACH ACODE)JT 3 1000000 E L DISEASE-EA EMPLOYEE a 1000000 E.L.DISEASE-POLICY LIMIT. a 1000000. B OTHEP. PEC52SB42300 11/161102 11/16/03 PROF LIABILITY/ POLLUTION LIAB S1;000,000 TOTAL LIMIT& E&0 CLAIMS MADE OCC FORM ANNUAL AGG S/T$25.000 DEG. DESCRIPTION OF OPERATIONS4.00ATIONSA/EHICLE6IEXCLUSIONS ADDED BY 040ORFEMENTIMCIAL PROVISIONS THE CITY OF HUNTINGTON BEACH,ITS AGENTS,OFFICERS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS AS PER TERMS AND CONDITIONS OF THE CONTRACT. •10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. I CERTIFICATE HOLDER X AODITION/LL INSURED; INSURER LETTER: CANCELLATION CITY OF HUNTINGTON BEACH 13NOULD ANY OF THE ABOVE DECCAIHED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XK MAIL 30 DAYS WRITTEN 17371 GOTHARD STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.X)rAX iM)0000CKX xx HUNTINGTON BEACH, CA 92647 xacxoax�ancoalx�oxbxwxBa�mra+oacxm>rnc�caoaaauexscx> icttrc�x iB3Ql�]{8G x AUTHOFIfZW IVEM ACORD 25-S(7/97) By • Jb ACORD CORPORATION 1988 SEP-19—PAA7 09:23 UNITED 99% P.02 SEP-19-2003 10:22 ITED A& 626 961 3?99 P.02i02 IMPORTANT If the cortificate holder is.an ADDITIONAL INSURED, the policyliesl must oe endorsed, .A staurnent on V its certificate does not confer r)gnts to the cerrificaio holaer in lie►, of such angorse nemis) If SUBROGATION IS WAIVED, subject to the terms and conditions of me policy, certain policies may require an endorsernenz. A statement on this certificate (loos not confer riehta to the certificate no►der in lieu of such enoorsementlsl f � . DISCLAIMER The Cart-f►cate of insurance on the reverse side of this form noes not constitute a contract between the issuing insurarls), autnorizen rcprescntntivo or proriuce►, and 'rho cerr,f.est* ho►aer, nor. does h affirmatively or negatively amend. extena or alter the cowerago afforded by the policies listed thereon. THE. CITY OF HUNTINCTON .BEACH, ITS AGENTS, OFFICERS AIM EMPLOYEES ARE.,NAMED AS ADDITIONAL INSUREDS AS PER TERMS AND CONDITIONS or THE: CONTFACT: ACORD 26•3 17i97) TOTAL P 02 SEP-19-2203 10;14 INTTrn oo•, AMENDMENT NO. 1 TO SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNITED STORM WATER, INC. FOR MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS AMENDMENT is made and entered into the day of SP A fe,wL bef , 2003, between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY", and UNITED STORM WATER, INC., hereinafter referred to as CONTRACTOR. WHEREAS, CITY and CONTRACTOR are parties to that certain agreement, dated September 10, 200a, entitled "Services Contract Between The City Of Huntington Beach And United Storm Drain Water For Maintenance Of Storm Drain Pump Station Forebays" which agreement shall hereinafter be referred to as the "Original Agreement,"and Since the execution of the Original Agreement, CITY and CONTRACTOR wish to amend the Agreement to extend the term thereof an additional one year, and increase the compensation to be paid in consideration of the additional work to be performed by CONTRACTOR, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: 1. TERM The term of this Agreement shall be one year from the date first above written. 2. ADDITIONAL COMPENSATION In consideration of the additional services to be performed hereunder CITY agrees to pay CONTRACTOR as full payment for services rendered, an additional sum not to exceed One Million Dollars ($1,000,000). 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 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 abovec, t -;mac,_ written. 03 p -77 03agree/amend storm/8/28/03 1 1 UNITED STORM:_WATER, -INC.. . CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: U,+Ap o re s print name ITS: (circle one)Chairrnanitiden ice President Mayor G AND ATTEST: By: — o yo: a City Clerk print name ITS: (circle one) Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst. Secretary-Treasurer © City Attorney QQJ REVIEWED AND APPROVED: INITIA D ND AP VED:VV Cit dministrator Director of Public Works CITY OF HUNTINGTON BEACH, municipal corporation of the State of California Cit Administrator 03agree/amend storm/8/25/03 2 SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND UNITED STORM DRAIN WATER FOR THE MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS AGREEMENT, made and entered into this 10th day of SeRtember.2002 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and UNITED STORM WATER, a California corporation, Hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as maintenance of storm drain pump station fore bays in the City of Huntington Beach and more specifically described in the attached Exhibit A; and CONTRACTOR has been selected to perform said services, 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, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, 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 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 r 02agree/united storm/9/5/02 1 completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 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. The Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit "A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and specifications (attached hereto as Exhibit "A"); D. Any insurance that may be required. 02agree/united storm/9/5/02 2 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 One Hundred Twenty Four Thousand Six Hundred Eighty Dollars and fifty-five cents ($124,680.55), as set forth in the Contract Documents,to be paid as provided in this Agreement. 4. PAYMENT CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless,pursuant to Paragraph 1 above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty (20) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 02agree/united storm/9/5/02 3 6. TERM OF AGREEMENT The term of this Agreement shall be one year, unless CITY exercises its option to renew as set forth herein. 7. 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. S. TERMINATION CITY reserves the right to terminate the agreement or any portion thereof, unilaterally at any time and for any reason by service of thirty (30) days written notice to CONTRACTOR. CONTRACTOR understands that the completion of all tasks set forth in this Agreement are expressly conditioned on money being available to CITY to complete all tasks. No representations, express or implied, are made as to funds being available to complete all tasks. Upon receipt of a notice of termination for convenience, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement, and shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to CITY or, at the option of CITY, give CITY the right to assume those obligations directly, including all benefits to be derived therefrom. CONTRACTOR shall thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect material and equipment on the job site. 02agree/united storm/9/5/02 4 Upon such termination, subcontractor shall be entitled to payment in accordance with this Agreement only as follows: (1)the actual cost of the prorata portion of work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by CONTRACTOR as agreed to in writing by CITY. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to CONTRACTOR prior to the date of the termination of this Agreement. CONTRACTOR shall not be entitled to any claim, claim of lien, or stop notice against CITY for any additional compensation or damages in the event of such termination. In the event CITY shall terminate this Agreement: A. CONTRACTOR shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting, typewriting, printing,photostating, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, works, pictures, drawings, sounds or symbols, or combinations thereof. B. CITY shall have full ownership and control of all such writings delivered by CONTRACTOR pursuant to this Agreement. C. CITY shall pay CONTRACTOR the reasonable value of services rendered by CONTRACTOR pursuant to this Agreement; provided, however, CITY shall not, in any manner, be liable for lost profits which might have been made by CONTRACTOR had CONTRACTOR completed the services required by this Agreement. In this regard, CONTRACTOR shall furnish to CITY such financial information as, in the judgment of the CITY 02agree/united storm/9/5/02 5 representative , is necessary to determine the reasonable value of services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR,the decisions of the Director of Public Works shall be final. The foregoing is cumulative and does not affect any right or remedy which CITY may have in law or equity. 9. RENEWAL In its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month-to-month basis until either a new agreement is entered"into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month-to-month operation while negotiations are in progress,the CONTRACTOR shall be obligated to continue performance for at least thirty (30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such 02agree/united stomV9/5/02 6 breach or failure within ten(10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR. CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. CHANGES CONTRACTOR shall adhere strictly-to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Department of Public Works (the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered,the amount to be paid CONTRACTOR under this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 02agree/united storm/9/5/02 7 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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; B. 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. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety,the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if 02agree/united storm/9/5/02 8 any, for adequacy of and required use of all safety equipment and for full compliance with the aforesaid laws, orders, citations, rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. 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 work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. 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 an 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. 16. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, 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 02agree/united storm/9/5/02 9 CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. .17. 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. 02agree/united storm/9/5/02 10 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1',000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other-insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 19. 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 coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 02agrce/united storm/9/5/02 I I 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all saic-policies of insurance. CONTRACTOR shall pay, Jn a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACT.OR'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. 20. 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. 21. 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 02agree/united storm/9/5/02 12 any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 22. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to the following 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 party. FOR CITY FOR CONTRACTOR Director of Public Works Eduardo Perry, Jr., President City of Huntington Beach United Storm Water 2000 Main Street 14000 East Valley Boulevard Huntington Beach, CA 92648 City of Industry, CA 91746 23. .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 ernpJoyed, 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. 24. 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. 02a.-ree/united storm/9/5/02 13 25. 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. 26. 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. 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'U.S.C. Section 1324a regarding employment verification. 28. 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 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. 02agree/united storm/9/5/02 14 29. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 30. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth 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. uiviT£D STORM WATER CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Eduardo Perry, Jr r sident AND /ATTES By: Robert Pina, SecretaryREVIEWED AND APPROVED: a-,_ APPROVED AS TO ORM: City dministrator r..� City Attorney bL 10-oS D AND AP P VED: l0 Director of Public Works CITY OF HUNTINGTON BEACH, a municipal corporation:cf the State of California City ,Alaministrator 02agree/united storm/9/5/02 15 EXHIBIT A Project Bid Schedule SEDIMEN AN D DEBRIS REMOVAL Item Estimated Unit Extended Rio. Quantity Items with price written in words Price amount Mobilization @ Forty—eight hundred Dollars 1 Lump Sum 00/100 Cents S 4,800.00 , S 4.800.00 Per Lnclassiiied rxcavation C Two fifty—five Dollars Cubic Yards I' Twenty—nine Cents S 255.29 ! 575,310.55 Per cubic yard f Dewatering—Slater Pump Station @ Thirty Dollars 3` Lump Sum ' 00/100 Cents S 30.00 , S 3,000.00 i Dewatering all pump stations except Slater ! Pump Station { Lump Sum @ Thirty Dollars i I i b 30.00 s5.850.00 00/100 Cents j ' Disposal of solids ,non-RCRA lead(ro I 1 chlorinated materials). To assume Class II i disposal i l One Hundred FifteenDollarsi - . 5 Cubic Yard � r 00/100 Cants S 115.00 j 533,810.00 i Per cubic vard fDisposal of solids to assume Class III disposal I i Sixty Dollars Cubic Yard `` 00/100 Cents 13 60.00 S 60.00 1 Per cubic ward ! -knalvtical Costs f@ One hundred eighty—five Dollars Lump Sum V 00/100 Cents ` S 185.00 j 5185.00 Mom.. i L FOR SEDIyIENNT AN DEBRIS REti10Va.L I`i FGUR S: S 124,680.55 =TQT`U FOR SEDIMENT 7 AND DEBRIS RENIOVAL, Ili IWOR DS: .;x :. -Hundred Twenty—Four Thousand Sig Hundred Eighty and Fifty—Five Cents SPECIFICATIONS and SPECIAL PROVISIONS For MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS IN THE CITY OF HUNTINGTON BEACH MSC-415 The City of Huntington Beach Department of Public Works 2002 Robert F. Beardsley Director of Public Works SAMPLE SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON.BEACH AND FOR THE MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS THIS AGREEMENT,made and entered into this day of by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for services, hereinafter referred to as "PROJECT," generally described as maintenance of storm drain pump station fore bays in the City of Huntington Beach and more specifically described in the attached Exhibit A; and CONTRACTOR has been selected to perform said services, 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, plans, tools, equipment, supplies, transportation, utilities and all other items, services, applicable permits, 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 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except 02agree.'maint drain,6/2:02 1 SAMPLE such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 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. The Scope of Services which CONTRACTOR agrees to perform is set forth in the attached Exhibit"A". "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, the plans and specifications (attached hereto as Exhibit "A"); 02agree'maint drain/6/25/02 2 SAMPLE D. Any insurance that may be required. 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. 4. PAYMENT CITY shall pay CONTRACTOR for.services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit A. The payments specified in Exhibit A shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement unless, pursuant to Paragraph 1 above, CITY approves additional compensation for additional services. CONTRACTOR shall submit all billings for said services to CITY in the ' manner specified in Exhibit A, or, if no manner be specified in Exhibit A, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 5. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within twenty(20) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion, excluding delays provided for in this Agreement. 02agree/maint drain/6/25/02 3 SAMPLE 6. TERM OF AGREEMENT The term of this Agreement shall be one year, unless CITY exercises its option to renew as set forth herein. 7. 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. 8. TERMINATION CITY reserves the right to terminate the agreement or any portion thereof, unilaterally at any time and for any reason by service of thirty(30)days written notice to CONTRACTOR. CONTRACTOR understands that the completion of all tasks set forth in this Agreement are expressly conditioned on money.being available to CITY to complete all tasks.. No representations, express or implied, are made as to funds being available to complete all tasks. Upon receipt of a notice of termination for convenience, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders fort ' materials, facilities and supplies in connection with the performance of this Agreement, and i shall, if requested, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to CITY or, at the option of CITY, give CITY the right to i assume those obligations directly, including all benefits to be derived therefrom. CONTRACTOR shall thereafter do only such work as may be necessary to preserve and protect j 4 the work already in progress and to protect material and equipment on the job site. j I 021gree/maint drain/6/25/02 4 SAMPLE Upon such termination, subcontractor shall be entitled to payment in accordance with this Agreement only as follows: (1) the actual cost of the prorata portion of work completed in conformity with this Agreement;plus, (2)such other costs actually incurred by CONTRACTOR as agreed to in writing by CITY. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to CONTRACTOR prior to the date of the termination of this Agreement. CONTRACTOR shall not be entitled to any claim, claim of lien, or stop notice against CITY for any additional compensation or damages in the event of such termination. In the event CITY shall terminate this Agreement: A. CONTRACTOR shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and.include: handwriting, typewriting,printing,photostating, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, works,pictures, drawings, sounds or symbols, or combinations thereof. B. CITY shall have full ownership and control of all such writings delivere8 by CONTRACTOR pursuant to this Agreement. C. CITY shall pay CONTRACTOR the reasonable value of services rendered by CONTRACTOR pursuant to this Agreement; provided, however, CITY shall not, in any manner, be liable for lost profits which might have been made by CONTRACTOR had CONTRACTOR completed the services required by this Agreement. In this regard, CONTRACTOR shall furnish to CITY such financial information as, in the judgment of the CITY 02agree/main[drain/6/25/02 5 SAMPLE representative, is necessary to determine the reasonable value of services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR, the decisions of the Director of Public Works shall be final. The foregoing is cumulative and does not affect any right or remedy which CITY may have in law or equity. 9. RENEWAL In its discretion CITY may renew this Agreement upon its expiration. The terms and conditions of the renewed agreement will remain the same as this original Agreement unless both parties agree in writing to an amendment. CONTRACTOR will be bound by the renewed agreement should CITY exercise its option to renew. If negotiations are still in progress at the end of any one year term previously agreed upon, the CITY and the CONTRACTOR shall continue performance as required herein on a month-to-month basis until either a new agreement is entered into or the CITY terminates the relationship in accordance with the provisions contained in the above paragraph. During such period of month-to-month operation while negotiations are in progress, the CONTRACTOR shall be obligated to continue performance for at least thirty(30) days after written notice to the CITY of its decision to terminate the relationship and the CITY shall be obligated to give consideration to the CONTRACTOR for such additional performance at the usual rate of payment as provided herein. 10. REMEDY ON BREACH In the event that CONTRACTOR shall breach, or fail to execute in good faith, any of the terms or conditions of this Agreement, and should CONTRACTOR fail to cure such 02a¢ree/maint drainr625/02 6 SAMPLE breach or failure within ten (10) calendar days after CITY gives written notice thereof, the CITY may terminate this Agreement and complete the work to be accomplished hereunder for the account and at the expense of CONTRACTOR..CONTRACTOR shall be liable for any excess cost to CITY over the original contract price. In the event CITY completes the work, or causes the work to be completed, no sum shall be paid to CONTRACTOR until the work is complete. All costs of completion shall be deducted before any payment to CONTRACTOR is made. If the unexpended portion of the contract price is less than CITY's cost to complete, CONTRACTOR shall pay CITY a sum equal to said difference on demand. The remedies contained in this section are cumulative and are in addition to all other rights of CITY pursuant to this Agreement and at law or in equity. 11. CHANGES CONTRACTOR shall adhere strictly to the Scope of Services set forth in Exhibit A unless a change therefrom is authorized in writing by the Department of Public Works(the Department). CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the Department may require in } writing. Under no condition shall CONTRACTOR make any changes without the written order of the Department, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the Department. CITY reserves the right to make such increases or decreases in the quantity of any item of work to be performed or furnished under this Agreement; and in the event that any such increase or decrease in the quantity of work to be performed or furnished is so ordered, the amount to be paid CONTRACTOR tinder this Agreement shall be correspondingly increased or decreased, as the case may be, in proportion to the increased or decreased quantities of work. 02aeree/maint drain/6/25/02 7 SAMPLE 12. DIFFERING SITE CONDITIONS A. Notice: The CONTRACTOR shall promptly, and before any conditions are disturbed, notify the DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) 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; B. 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. SAFETY PRACTICES CONTRACTOR shall comply fully with all laws, orders, citations, rules, regulations, standards and statutes, with respect to occupational health and safety, the handling and storage of hazardous materials, accident prevention, safety equipment and construction practices. CONTRACTOR shall conduct inspections to determine that safe working conditions and equipment exist and accepts sole responsibility for providing a safe place to work for its employees and for employees of its subcontractors and suppliers of material and equipment, if 02agree/maint drain/6/25%02 8 SAMPLE any, for adequacy of and required use of all safety equipment and for full.compliance with the aforesaid laws, orders, citations,rules, regulations, standards and statutes. 14. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including,but not limited to, any workmanship, installation, fabrication, material or structural facilities maintained. 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 work. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair, replacement or rework at CONTRACTOR's risk and expense. 15. 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 an 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. } 16. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, 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 02auee/main[drain/6/25/02 9 SAMPLE CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR,any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. CITY shall be reimbursed for all costs and attomey's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 17. 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 (5100,000)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. 02agree/maint drain/6/25/02 10 SAMPLE 18. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with. the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible"or any other similar form of limitation on the required coverage. ` 19. 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 coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 02agree/maint drain/6%25/02 11 SAMPLE 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY; and 4. shall state.as follows: "The above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force while working under this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 hereinabove 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. 20. 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. 21. 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 02aeree/maint drain/6/2:02 12 SAMPLE any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 22. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to the following 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 party. FOR CITY FOR CONTRACTOR Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 23. 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. 24. 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. 02aeree/maint drain/6/25 02 13 SAMPLE 25. 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. 26. 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. 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 U.S.C. Section 1324a regarding employment verification. 28. 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 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. 02agree/maint drain/6/25/02 14 SAMPLE i i 29. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 30. ENTIRETY The foregoing, and Exhibit "A"attached hereto, set forth 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/PresidenWice President - Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: ; 4y REVIEWED AND APPROVED: 6- �Z ty Attorney ti5 INITIATED AND APPROVED: City Administrator Director of Public Works 02agree/maint drain/6/25/02 15 SAMPLE SECTION E SPECIAL PROVISIONS All .the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Public Works Construction ,2002 edition, including the 2002 supplement, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 } } GENERAL PROVISIONS SECTION 1 TERIINIS, DEFINITIONS, ABBREVIATIONS AND SY1E30LS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY-The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans -The State of California Department of Transportation. County -The County of Orange. Eno neer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY's award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Replace with the following:]. To be considered formal the Contractor's bid must be accompanied by a certified check, Cashier's check or Bidder's Bond made payable to the AGENCY in an amount no less than ten percent (10%) of the amount of the bid. No other bonds will be required for this maintenance contact. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. , The Contractor or its subcontractors shall give at least 24 hours advance notice when they will start or resume the work. The above notice is to be given.during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs./day or more than 40 hrs./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: 4 hrs.or less/day - $ 375.00 4 hrs. to 8 hrs./day - :$ 750.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract E-2 more than 8 hrs./day or more than 40 hrs./week, the Special Inspection fee requirements will be waived. SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. The Contractor shall prepare a plan showing the method of supporting and protecting exposed water mains during construction of the new sewer main. The Contractor shall submit the plan to the AGENCY for approval or correction at least 10 working days before approved plans will be required for commencing the work. Payment for all potholes and protecting existing water mains shall be considered to be included in the contract lump sum bid price, which shall include full compensation for furnishing all labor, materials, tools, equipment and incidents required in accordance with these plans and special provisions and no other measurement or additional compensation will be allowed therefor. SECTION 6 , PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK i 6-1 CONSTRUCTION SCHEDULE AND C01M IENCEIMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY's execution of the Contract Agreement. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION E-3 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 20 working days for material removal and 10 working days for hauling, clean-up and demobilization, starting from and after the date in the Notice to Proceed with the Work. 6-7.2 Working Day. [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. $750.00 Per day SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on of ' related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR i 7-2.2 Latins [Add the following:]. The Contractor, and. all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance E-4 [Add the following:]. The insurance company issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. 7-8.5 Temporary Light, Power, and Water [Add the following paragraph:]. Construction water meters are required on all projects within the AGENCY. The AGENCY's Water Division will furnish and set the meter with eddy valve. The deposit for the meter is $725.00. The service charge to set the meter and for each time the meter is moved to a new location is $25.00. Payment must be in cash, cashier's check or money order. ' 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing water services or main or their appurtenances are damaged per the Contractor's operation they shall be considered as existing improvements and the Contractor shall repair such improvements to the satisfaction of the AGENCY's Water Division inspector. All work shall be governed by the AGENCY's water standards. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be E-5 • considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the the AGENCY's Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY's Police and Fire departments of the project location, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 Information signs providing Notice of Closure shall be required at the entrance and perimeter of the Central Park Slater Avenue Parking Lot one week prior to beginning of the project. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be wom by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. The Contractor shall provide the AGENCY 48 hour prior notice of any required lane closures. All lane closures shall be made in accordance with the above referenced manuals. If the traffic cones or portable delineators are damaged, -displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. E-6 The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation.Standard Plans and the current.City of Huntington Beach Maintenance Work Traffic.Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. 7-10.4. Public Safety [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss.of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be bome by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 7-10.4.4 Confined Spaces The Contractor is hereby made aware of on-going construction activity upstream of the work. In addition to the items required by this section, the Contractor's Confined Space Entry Plan E-7 (CSEP) shall address the potential of uncontrolled flow of water into the area of work while occupied by his or the Agency's forces. The Contractor shall submit for review, prior to the pre job meeting a proposed. Confined Space Entry Plan (CSEP), which the Contractor shall strictly adhere to, unless written permission from the Engineer is obtained prior to the issuance of the revised plan. SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to . stop payment, or as may be authorized by the contract. , 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be'the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY's payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. E-8 Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as-built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if, any thereon, .the. AGENCY. shall permit the substitution and deposit therewith. of securities equivalent to the amount of any monies withheld by the AGENCY. E-9 300-1.3.2 Wet Material The Contractor shall be responsible for implementing, administering, and maintaining any interim controls required by local, State or Federal regulations. The AGENCY has identified the following location where the Contractor may process the excavated material. 15881 Graham Street—Public Works auxiliary site If the excavated material is to be dried prior to hauling from the site, the contractor shall prepare and submit a plan outlining the method for drying. At a minimum, the plan should address the drying operation, containment and disposal of runoff generated by the operation, or rainfall or the operation and control of dust. The Contractor shall be responsible for implementing, administering and maintaining required interim controls as stated in Section 66261.24, Title 22 CCR. Compensation for compliance with the CCR and Health and Safety and preparation and implementation of plans outlining site controls shall be considered included in the lump sum price bid for unclassified excavation. 300-2.9 Payment [Add the following:]. Payment for unclassified excavation shall.be considered to be included in the lump sum price bid for sediment and debris removal price bid for other items of work and no separate measurement or other compensation will be allowed therefor. Said payment shall also include full compensation for all special handling related to hazardous or toxic substances,permits and disposal fees. S 1 I i PART 3 CONSTRUCTION METHODS SECTION 300 . EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of materials. 300-1.3.1 General (Delete Subsection in total and substitute with the following:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the area of work. The work area and adjacent areas shall be left with a neat and finished appearance. Material containing hazardous or toxic substances including oil, fuel oil, gasoline and other contaminates, shall be excavated, handled,processed, hauled and disposed of in strict adherence to all Federal, State and local regulations and shall not be permanently discharged in the project area. All such material shall be hauled off and disposed of at an Agency approved facility. In order to protect the public streets from deterioration due to hauling of materials,the Contractor shall haul all material on approved truck routes. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General ' [Add the following:]. Unclassified excavation shall include excavating, removing, hauling and disposal of all material including sediment, debris and vegetation from the storm drain pump station forebays. To assist the Contractor in preparing his bid, the AGENCY has estimated the amount of material to be removed at approximately 295 cubic yards (see Appendix Q. These quantities are provided for the convenience of the Contractor. Verification of said quantities shall remain the responsibility of the Contractor. The AGENCY has not tested the materials to be removed for the presence of hazardous toxic substances. Tests were done two years ago on sand/debris removed from similar storm drain pump station forebays that were contaminated with lead (Pb). APPENDIX A CONSTRUCTION TRAFFIC CONTROL PLAN PREPARATION GUIDELINES AND MAINTENANCE WORK TRAFFIC CONTROL MANUAL MAINTENANCE WORK TRAFFIC CONTROL MANUAL WON • CITY OF HUNTINGTON BEACH PUBLIC WORKS. DEPARTMENT DECEMBER, 1997 INTRODUCTION THE PURPOSE OF THIS MANUAL IS TO PROVIDE GUIDANCE TO THE CITY OF HUNTINGTON BEACH PERSONNEL IN THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN AND. AROUND MAINTENANCE WORK ZONES. THE BASIC PRINCIPLES AND PRACTICES REPRESENTED IN THIS HANDBOOK ARE TAKEN FROM THE CALTRANS "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" (ALSO KNOWN AS CHAPTER 5 OF THE TRAFFIC MANUAL) AND THE SOUTHERN CALIFORNIA APWA/CITY TRAFFIC ENGINEERS "WORK AREA TRAFFIC CONTROL HANDBOOK" (THE WATCH BOOK). THIS MANUAL IS NOT INTENDED TO SUPERSEDE EITHER THE CALTRANS MANUAL OR THE WATCH BOOK, WHICH SHOULD BE REFERRED TO IN THE EVENT OF ANY QUESTION REGARDING THE SUBJECT MATTER OF THIS MANUAL. INDEX - MAINTENANCE WORK PLANS DRAWING TC-1 GENERAL NOTES DRAWING TC-2 SUMMARY OF SIGNS DRAWING TC-3 LEGEND AND CHARTS A AND B DRAWING TC-4 LOW SPEED STREET DRAWING TC-5 TYPICAL SHOULDER CLOSURE DRAWING TC-6 SINGLE LANE CLOSURE (RIGHT LANE) DRAWING TC-7 SINGLE LANE CLOSURE (LEFT LANE) DRAWING TC-8 LEFT TURN LANE CLOSURE DRAWING TC-9 TYPICAL CLOSING OF HALF ROADWAY DRAWING TC-10 MULTI-LANE CLOSURE DRAWING TC-11 TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL DRAWING TC-12 WORK WITHIN INTERSECTION - LEFT LANE / LEFT TURN LANE DRAWING TC-13 WORK WITHIN INTERSECTION RIGHT LANE / LEFT LANE DRAWING TC-14 WORK BEYOND INTERSECTION LEFT LANE DRAWING TC-15 WORK BEYOND INTERSECTION RIGHT LANE DRAWING TC-16 RESIDENTIAL STREET CLOSURE APP'D BY: DATE: 9/17/97 CITY OF HUNTINGTON BEACH DESIGNED BY: TAE r,. ,{/ G DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL kCHECKED BY: JDO APP'D. DATE: °' Z INTRODUCTION AND INDEX GENERAL SJTES: 1. NOTHING IN THESE NOTES OR PLANS SHALL RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, AND THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO WORKING HOURS. 2. THE ENGINEER SHALL BE DEFINED AS THE CITY OF HUNTINGTON BEACH TRAFFIC ENGINEER OR HIS REPRESENTATIVE. 3. THE ENGINEER WILL HAVE THE RIGHT TO DEMAND THE INSTALLATION OF ADDITIONAL TRAFFIC_CONTROL DEVICES OR MODIFICATIONS TO THESE PLANS AND NOTES,.AS HE DEEMS NECESSARY, TO PROMOTE THE SAFE AND ORDERLY FLOW OF. TRAFFIC AND PEDESTRIANS THROUGH THE CONSTRUCTION WORK ZONE. THE CONTRACTOR SHALL COMPLY WITH THESE ADDITIONAL REQUESTS OR MODIFICATIONS WITH DUE DILIGENCE. 4. CONSTRUCTION ACTIVITY IN THE ROADWAY WILL BE LIMITED TO THE HOURS BETWEEN 9:00 A.M. AND 4:00 P.M. ALL TRENCH EXCAVATIONS WITHIN THE ROADWAY SHALL BE COVERED WITH STEEL PLATES OR TEMPORARILY BACKFILLED AND SURFACED FROM 4:00 P.M. TO 9:00 A.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 5. NO TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE PLACED IN THE ROADWAY (TO EXECUTE THE DAYS CONSTRUCTION WORK) UNTIL AFTER 9:00 A.M. AND ALL TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE COMPLETELY REMOVED BY 4:00 P.M., UNLESS PRIOR WRITTEN APPROVAL 1S OBTAINED FROM THE ENGINEER. CONES OR DELINEATORS SHALL GENERALLY BE PLACED ON EXISTING LANE LINES, EXCEPT MEN PLACED FOR LANE CLOSURE TAPERS. 6. FLASHING BEACONS AND WARNING LIGHTS SHALL BE USED AS DIRECTED BY THE ENGINEER. 7. ALL EXISTING TRAFFIC CONTROL SIGNS AND STREET SIGNS SHALL BE MAINTAINED IN VISIBLE LOCATIONS DURING CONSTRUCTION, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. THE CONTRACTOR SHALL RESTORE OR REPLACE (AT THE DISCRETION OF THE ENGINEER) ANY STRIPING OR SIGNING DAMAGED DURING CONTRUCTION OPERATIONS, INCLUDING RAISED PAVEMENT MARKERS. 8. WHEN ENTERING OR LEAVING ROADWAYS CARRYING PUBLIC TRAFFIC, THE CONTRACTOR'S EQUIPMENT, WHETHER EMPTY OR LOADED, SHALL IN ALL CASES YIELD TO PUBLIC TRAFFIC. 9. ACCESS TO DRIVEWAYS ADJACENT TO THE CONSTRUCTION WORK ZONE SHALL BE MAINTAINED AT ALL TIMES IF AT ALL POSSIBLE. ADDITIONAL CONES OR DELINEATORS MAY BE REQUIRED TO DELINEATE THE DRIVEWAY ACCESS ROUTE THROUGH THE CONSTRUCTION WORK ZONE. A MINIMUM OF ONE TRAVEL LANE SHALL BE MAINTAINED ACROSS THE DRIVEWAYS, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 10. 48 HOURS PRIOR TO COMMENCING ANY WORK WITHIN THE IMMEDIATE VICINITY OF A TRAFFIC SIGNAL CONTROLLED INTERSECTION, THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (800-422-4133). THIS PRIOR NOTICE WILL ALLOW THE LOCATION AND MARKING OF UNDERGROUND TRAFFIC SIGNAL CONDUIT AND TRAFFIC SIGNAL LOOP DETECTORS PRIOR TO CONSTRUCTION. DAMAGES TO TRAFFIC SIGNAL CONDUIT, CONDUCTORS, LOOP DETECTORS, OR OTHER TRAFFIC SIGNAL EQUIPMENT SHALL BE REPAIRED WITHIN 24 HOURS AT THE CONTRACTOR'S EXPENSE, PER THE CITY OF HUNTINGTON BEACH STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING, LATEST EDITION. 11. SPILLAGE RESULTING FROM HAULING OPERATIONS ALONG OR ACROSS ANY PUBLIC TRAVELED WAY SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR AT HIS EXPENSE. STREETS ALONG THE HAUL ROUTE SHALL BE SWEPT OR WASHED DAILY, DURING EACH DAY OF HAULING OPERATIONS. 12. THE LENGTH OF.TIME FOR EACH. CONSTRUCTION PHASE SHALL BE SPECIFIED ON THE ENCROACHMENT PERMIT. IF THE CONTRACTOR DOES NOT COMPLETE HIS WORK IN THE SPECIFIED AMOUNT OF TIME, A FEE OF $800 PER LANE PER CALENDAR DAY WILL BE ACCRUED PER ORDINANCE NO. 3320. THE CONTRACTOR MAY SUBMIT A WRITTEN REQUEST TO THE DIRECTOR OF PUBLIC WORKS TO EXTEND THE 71ME PERIOD, ALLOTTED FOR CONSTRUCTION. 13. THE CONTRACTOR SHALL SUBMIT AN APPLICATION FOR TEMPORARY PARKING RESTRICTIONS AT A COST OF $50.00. TEMPORARY NO PARKING SIGNS SHALL BE PURCHASED FROM THE CITY OF HUNTINGTON BEACH AT A COST OF $0.75 A SIGN AND BE POSTED AT LEAST 24 HOURS PRIOR TO THE ENFORCEMENT OF PARKING RESTRICTIONS. APP'D BY: DATE: 9/5/97 CITY OF HUNTINGTON BEACH 104-1 DESIGNED BY: TAE ,ti.- �� - DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING N0. CHECKED BY: TAE APP'D. DATE: . ,Z GENERAL NOTES TC-1 CALTRANS SIGN CALTRANS SIGN SIGN SIGN CODE SIZE LEGEND SIGN CODE SIZE LEGEND SIZE R1 F C14 B❑ FMW=Ew ❑A 36" x 36" F8 42" x 18" R16 �D C17(25) Drmffawl❑ EC 25 30" x 30" Li Q 24"_ x 24" eo�o R17 ❑D C18 RA ,,f„o ED 18" x 18" F❑ 18" x 12" �ortu� R18 (RT) �A 1t18i C20 (LT) �A m® �G 11" x 17" trim wf I ►n nwao R26 �G �yy7m 1 C20 (RT) �A o R96 ❑E FS] C20(BIKE) ❑A woo R96B F❑ C20 (MOD) ❑B *(CLOSED LEFT TURN LANEI AHEAD ff W1 (LT) �A C21 �A <*> W2 (LT) �A C22B ❑C s. W6 �D YH C23 C❑ w b Cl C24 C❑ <*> C9A �A C30 C❑ 0. NOTE: C13 D C36 a < > ALL SIGNS SHOWN ON THIS PLAN SHALL CONFORM TO THE LATEST CALTRANS SIGN SPECIFICATIONS. APP'D BY: DATE:_ 9/5/97 CITY OF HUNTINGTON BEACH DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APP'D. DATE: SUMMARY OF SIGNS TC-2 OOOF CHART A MINIMUM RECOMMENDED DELINEATOR AND SIGN PLACEMENT TRAFFIC SPEED TAPER LENGTH (L) DELINEATOR SIGN SPACING (S) (POSTED SPEEDS) (EACH LANE) SPACING (ADVANCE OF TAPER & BETWEEN SIGNS) 25 MPH 150 Ft. 25 Ft. 150 Ft. 30 MPH 200 Ft. 25 Ft. 200 Ft. 35 MPH 250 Ft. 25 Ft. 250 Ft. 40 MPH 350 Ft. 25 Ft. 350 Ft. 45 MPH 550 Ft. 25 Ft. 550 Ft. 50 MPH 600 Ft. 25 Ft. 600 Ft. 55+ MPH 1000 Ft. 25 Ft. 1000 Ft. LEGEND c� DIRECTION OF TRAVEL • TRAFFIC CONE OR DELINEATOR (Not a pavement marking) M.H. MANHOLE b TEMPORARY SIGN MAINTENANCE VEHICLE y FLAG TREE wl Flashing lights PORTABLE FLASHING BEACON TNP Temporary No Parking (Night work) (By permit only) FLAGGER ® FLASHING ARROW SIGN (FAS) CHART B APPROACH SPEED L (MPH) (FEET) 0-30 MPH 200 Ft. 30-45 MPH 310 Ft. Over 45 MPH 500 Ft. APP'D BY: a DATE: 9/25/97 r� CITY OF HUNTINGTON BEACH DESIGNED BY: JAA ` G✓. DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER 7 RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING N0. CHECKED BY: TAE APP'D. DATE: S LLB 5` CHART "A" , CHART "B" AND SYMBOLS TC-3 ti a a a � See note 6. 10' 5' MIN. b • • • • Y WORK AR A �• •. • *DRY OJ4 OR Y C17(25)r C30 C18 C20(Rt) C20 I WSTALL tEMPORARY Na PARMS saS or C23 Bike IF REOULRIM lC13 or C14 S S S Taper L 150' See Chart 'A' See Chart 'A' See Chart 'A' See Chart 'A' min. NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DEUNEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, SHALL BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE 1 PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 8. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHEET TC-9 SHALL BE USED. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. GATE: 9/8/47 APPROVED 8Y: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE � ' DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA /7T. FFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE I APPROVED DATE: L SINGLE LANE CLOSURE (RIGHT LANE) TC-6 APPENDIX B CONTRACTORS BUSINESS LICENSE APPLICATION • APPLICATION FOR BUSINESSOCENSE CITY OF HUNTINGTON BEACH ' License Dept. - P.O. Box 711 - 2000 Main Street M04TW-10P+$JAC" Huntington.Beachl CA 92648 - Tel. (714) 536-5267 PLEASE TYPE OR PRINT Business SAMPLE E ONLY Name: Business Address.: Telephone Number Street ity Zip Mailing Address: Telephone# Number Street city Zip Descripthn of Business - State of California Contractor/Professional License Number Class : One of the following (whichever is applicable) Soc. Sec. No. Federal ID No. State ID Board of Equalization Permit No. Health Dept. Permit No. This business is: ( ) Individual ( ) Partnership ( ) Corporation List Owners/Officers on lines below.: 1. 2. Number of individuals actively involved in business in Huntington Beach:Full—time: Part—time: Number Number of vehicles used to conduct business: Under 1 ton 1 to 3 tons over 3 tons Date that you will start business in this City: No. of Rental Units: (Apts, Motel/Hotel Rooms,Trailer Spaces) Date of Purchase Rental Equipment (give no.) Passenger autos -Trucks Trailers (2 whl) (4 whi) Number of coin operated machines on premises: Music Vending Service Amusement am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers compensation. ` ❑ Certificate of Workers Compensation Insurance ❑ Certificate of Self-Insurance of Workers Compensation ❑ I certify that in the performance of work for.which this license is issued I shall not employ any person in any manner so as to become subject to the workers'compensation laws of California. Note: If after signing the certificate, you hire any employee,you become subject to the workers'compensation provisions of the California Labor Code,and you must immediately comply with the provisions of Section 3700 or'your license Immediately becomes revoked. I hereby declare under penalty of perjury that the above statements and information are true and correct. Signature Date LOCAL BUSINESS ONLY: Complete appropriate portion of reverse side of application. FOR OFFICE USE ONLY: Classification of business Fee: Date Certification of Occupancy filed: Issued Home Occupation Permit filed: Approved REMARKS: TOTAL DUE $ APPENDIX C STORM DRAIN PUMP STATIONS PRIORITY LISTING STORM DRAIN PUMP STATIONS PRIORITY LISTING STATION NAME ADDRESS APPROX. DEBRIS LxWxD Slater 5250 Slater Ave 100+ cubic yards. 109'x50'x10' Bolsa Chica 18401 Springdale St 25+ cubic yards 51'x41'z26' Banning 22011 Malibu Ln 50+ cubic yards 42'x40'x32' Atlanta 8151 Atlanta Ave 30+ cubic yards 25'x25'x23' Adams 19961 Chesapeake Ln 25+ cubic yards 50'x42'x22' Meredith 20192 Midland Ln 20+ cubic yards 30'x31'x22' Indianapolis 9221 Indianapolis Ave 17+ cubic yards 33'x53'x21' Heil 7231 Heil Ave 10+ cubic yards 26'x28'x15' Scenario 4742 Scenario Dr 10+ cubic yards 27'x24'x20' Marilyn 6742 Marilyn Dr 8+ cubic yards 21'x36'x20' APPENDIX D LOCATION MAP - WATER PUMP STATIONS CONTRACTOR'S BID FOR MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS IN THE CITY OF HUNTINGTON BEACH'S STORM DRAIN PUMP STATIONS NAME OF COMPANY ADDRESS PHONE SIGNATURE DATE TITLE CONTRACTOR will provide all labor, equipment and materials to remove sludge from ten ( 10 ) Storm Drain Pump Stations located within the City of Huntington Beach. Solidify the sludge as necessary and dispose of the waste. Base time and material bid per location as listed below. Work will be performed under Confined Space Regulations and will meet all OSHA Regulations for such work. CONTRACTOR is to use Vactors to remove debris from wet-wells. The sludge will be placed in roll-off boxes by the Vactor (or other approved method) for later disposal CONTRACTOR may leave roll-off containers on-site for a period not to exceed thirty (30) days, using proper odor control. The actual disposal site for the sludge will oe dependent on the nature of the material. The CITY does not expect the sludge to be hazardous; therefore, a permitted disposal site should not be necessary for purposes of this bid. CONTRACTOR to supply CITY with disposal alternatives after CONTRACTOR receives analytical data by a State approved laboratory. The time and material Rate $s give should be based on complete cleaning of the facilities, using an eight (8)-hour day. Due to the unknown nature of the material within the wet-wells, CONTRACTOR will base his bid using three (3) cleaning days per location. Labor, equipment and material will be based on this assumption. Do NOT include charges for the handling or disposal of the sludge removed. CONTRACTOR'S BID CONTRACTOR'S NAME The CITY will use the existing de-watering equipment located at each facility to de- water the wet-wells for cleaning. It is expected that no additional pumping equipment will be required. CONTRACTOR is to include in his equipment quote the cost (if required) for additional de-watering equipment. Project Bid Schedule SEDIMENT AND DEBRIS REMOVAL Item Estimated Unit Extended No. quaEtl Items with price written in words Price Amount Mobilization 1 Lump Sum @ Dollars Cents $ $ Per Unclassified Excavation 2 Cubic Yards @ Dollars Cents $ $ Per cubic yard Dewatering—Slater Pump Station 3 Lump Sum @ Dollars Cents $ $ Dewatering all pump stations except Slater Pump Station 4 Lump Sum @ Dollars Cents Disposal of solids,non-RCRA lead(no chlorinated materials). To assume Class II disposal 5 Cubic Yard @ Dollars Cents $ $ ' Per cubic yard Disposal of solids to assume Class III disposal 6 Cubic Yard @ Dollars Cents $ $ Per cubic yard Analytical Costs 7 Lump Sum @ Dollars Cents $ $ TOTAL FOR SEDIMENT AND DEBRIS REMOVAL IN FIGURES: $ TOTAL FOR SEDIMENT AND DEBRIS REMOVAL IN WORDS: H:\Gray\ProjectBidSchedu1e.doc CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS.....................................................................................A-1 SECTION B INSTRUCTIONS TO BIDDERS .............................................................................................B-1 1. Proposal Forms ............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-2 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials...................................................................................................B-3 13. Legal Responsibilities.................................. ...............B-3 ............................................... 14. Award of Contract......................................................................................................B-3 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance..........................................................................B-4 18. Addenda.....................................................................................................................B-4 19. Questions...................................................................................................................B-4 iii SECTION C • PROPOSAL.............................................................................................................................C-1,2 ProjectBid Schedule.......................................................................................................C-ls Listof Subcontractors......................................................................................................C-4 NoncollusionAffidavit....................................................................................................C-5 Utility Agreement................... Disqualification Questionnaire..................... ..........................................C-7 . ......................... Compensation Insurance Certification.............................................................................C-8 Statement of Methods to be Used and Work Plan.............................................................C-9 Bidder's Information.................................................................................................C-10,11 SECTION D SAMPLE CONTRACT............................................................................................................ D-1 SECTION E SPECIAL PROVISIONS......................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS...........:............................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................t 2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 5 - UTILITIES ...................................................................................E-3 5-1 LOCATION SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK..................................... E-3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION iv 6-9 I*UIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR....................... E-4 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONTiEL:........................... E-8 8-1 GENERAL SECTION 9 -MEASUREMENT AND PAYMENT....................................... E-8 9-3 PAYMENT PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK....................................................................... E-10 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION APPENDIXES APPENDIX A CONSTRUCTION TRAFFIC CONTROL PLAN PREPARATION GUIDELINES AND MAINTENANCE WORK TRAFFIC CONTROL MANUALS APPENDIX B CONTRACTORS BUSINESS LICENSE APPLICATION APPENDIX C STORM DRAIN PUMP STATIONS PRIORITY LISTING APPENDIX D LOCATION MAP - WATER PUMP STATIONS v SECTION A NOTICE INVITING SEALED BIDS For the MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS IN THE CITY OF HUNTINGTON BEACH CONTRACT No. MSC-415 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 Purchasing Department, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 4:00 p.m. on August 29, 2002. 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. A-1 The AGENCY hereAffirmatively ensures that minoripkusiness 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. The bid must be accompanied by a certified check, cashier's, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or C-61 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. s A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids,provided that the request is in writing,that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the co-partnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal • Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS CONTRACT No. MSC-:415 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations.to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. The successful bidder shall posses a valid A or C-61 Contractor's License and shall be certified in the handling, processing and disposal of hazardous material. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or render services for the Contractor in an amount in excess of one-half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No Bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract and shall be included with the proposal. 12. Equivalent Materials (Section Deleted) 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall,' by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. B-3 15. Material Guarantee (Section deleted) 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised: 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. No bond, other than the Bid Bond will be required for this maintenance project. S_ 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19. Questions Questions regarding the bid documents (i.e. specifications, contract documents, bid forms, etc.) will be received by the Purchasing Department up to three working days prior to the bid opening as specified in SECTION A. Questions asked of the Purchasing Department after this time will not be addressed. B-4 SECTION C PROPOSAL for the MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS IN THE CITY OF HUNTINGTON BEACH CONTRACT No. MSC - 415 In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the removal of material within 20 working days from the date of the Notice to Proceed and shall complete hauling, project area clean-up and demobilization within 10 working days after the removal period BIDDER declares that this proposal is based upon careful examination of the work site, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the lump sum price bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the Wrsigned agrees that in the event of•BIDDER'S default in executing the required contrac d filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature i C-2 da • AT OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor " State License _; ; -Class - - of Work. Number 3 By submission of this proposal, the Bidder certifies: 1. That the Contractor is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 ANCOLLUSION AFFIDAVIT* TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder S Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 200 NOTARY PUBLIC NOTARY SEAL C-s OJTILITY AGREEMENT HONORABLE MAYOR AND. CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS ; CONTRACT No. MSC - 415 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned.further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed.by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or°any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: C-8 STATEMENT OF METHODS TO BE USED AND WORK PLAN The Contractor shall provide with his Bid . Statement information regarding methods and technologies to be used during the prosecution of the project. A work plan shall be included which incorporates the proposed methods and technologies into the items of work necessary for completion of the work. C-9 OflIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 2002• s The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepare*o satisfy the Council of the City of Auntington Beach of its ability, ty financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 SECTION D SAMPLE CONTRACT D-1 SERVICE CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE MAINTENANCE OF STORM DRAIN PUMP STATION FOREBAYS TABLE OF CONTENTS Page No. '. STATE OF WORT:; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5' 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS-PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16, AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 .18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 Project Bid Schedule SEDIMENT AND DEBRIS REMOV_4L, Item Estimated Unit E..�ctended Quantity Items with price written in words Price amount Mobilization Forty—eight hundred Dollars 1 Lump Sum 00/100 Cents S 4,800.00 I S 4,800.00 Per Unclassified Excavation @ Two—hundred fifty—five Dollars Cubic Yards Twenty—nine Cents S 255.29 1575,310.55 Per cubic vard DeNvatering—Slater Pump Station @ Thirty Dollars 3 Lump Sum 00/100 Cents S 30.00 I S 3,000.00 Dewatering all pump stations except Slater y Pump Station Thirty Dollars 4 Lump Sun i S 30.00 S 5.850.00 00/100 Cents i i Disposal of solids, non-RCRA lead (no chlorinated materials). To assume Class 1I disposal ; l Cubic Yard @ One Hundred Fifteen Dollars i I i 00/100 Cents S 115.00 I 533,810.00 t Per cubic yard ' I Disposal of solids to assume Class III disposal Cubic Yard @ sixty Dollars 00/100 Cents S 60.00 i 560.00 Per cubic yard " knalvtical Costs @ One hundred eighty—five Dollars .W. Lump Sum 00/100 a !r I Cents S 185.00 I S 185.00 1�V FOR SEDI1�IEv-I'�vD DEBRIS PELIOV�L Ili F�GL;R.ES: s 124,680.55 L.FOR SEDINfENT A D DEBRIS REIIOVAL, Ill 11VORDS: �e Hundred Twenty—Four Thousand Six Hundred Eighty and Fifty—Five Cents • RCHASING DEPARTMENT 02-0829 CITY OF HUNTINGTON BEACH QUOTATION NUMBER 2000 MAIN STREET Show this number on outside of your HUNTINGTON BEACH CA 92648 envelope. Date: August 5, 2002 Mill" Bids will be received until N 4:00pm August 29, 2002 «Company» at the office of the Purchasing «Address» Division. «Citystzip» «Attn» Renalee Corbett BUYER QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT The Ci of Huntington Beach is accepting uotations for the maintenance of storm drain pump station foreba s in the City of Huntington Beach, per the attached specifications andspecial provisions. There will be a mandatory job walk on Tuesday, August 20, 2002 at 9:00 am. You will meet at the Corporation Yard, 17371 Gothard St, Administration Bldg. The project must be completed no later than Oct. 11, 2002. Quotations are requested for furnishing the items described in accordance with Total: terms set forth herein. All quotations must be F.O.B. delivered. The detailed SalesTax Delivery Address specifications or brand names or numbers given herein is descriptive and indicates Total quality and style of item required. Offer to City of Huntington Beach supply articles substantially the same as California those described herein will be considered Terms: % days provided the articles offered are equal in quality, durability, and fitness for the purpose intended. Acceptability of Ail quotations must be signed alternates will be determined solely by the City of Huntington Beach. Signature Address your reply to: Delivery to be made on or before: Purchasing Division City of Huntington Beach Print Name 2000 Main Street Huntington Beach CA 92648 Title or days from receipt of (714)536-5221 order. Date Phone Number THIS IS NOT AN ORDER