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HomeMy WebLinkAboutJ.L. STANTON CONSTRUCTION COMPANY - 1993-05-03• REQUEST FOR CITY COUNCIL ACTION I KUNIM CTON RA[„ Date: August 1, 1994 Submitted to: Honorable Mayor and City Council Rii_;BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administra -_ 9ff— Preparedd by: Michael P. Dolder, Fire ChiZLINE, cr C[f' CLI� K Subject: CIVIC CENTER OIL PIICEOF COMPLETION Consistent with Council Policy? [ X ] Yes ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachmen STATEMENT OF ISSUE: J. L. Stanton Construction completed the construction of the Civic Center oil pipeline from the Miley -Keck tank farm to the Civic Center oil wells on June 14, 1993. The one (1) year warranty period has expired as of this date. RECOMMENDATION: 1. Accept the installation of the Civic Center oil pipeline. 2. Authorize the City Clerk to file the Notice of Completion. ANALYSIS: On May 3, 1993 the City Council awarded a contract to J. L. Stanton Construction for the construction and installation of a pipeline to transport oil from the Civic Center oil wells to the Miley -Keck tank farm. Construction was completed on June 14, 1993. The one (1) year warranty period has been completed as of June 1994. The Fire Chief recommends acceptance of the project and request that the Notice of Completion be filed by the City Clerk. FUNDING SOURCE: None. ALTERNATIVE ACTIONS: None. ATTACHMENTS: None. MTUIMPDIRGIsr a:pipehne.rca CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK August 5, 1994 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be retarded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, &00r� W4426 Connie Brockway City Clerk CB:cc Enclosures g: CCVLuplltr {Tefsphonr 714-53"2271 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACI I Office of the City Cleric P. O. Box 194 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to J. L. STANTON CONSTRUCTION who was the company thereon for doing the following work to -wit: Civic Center Oil Pipeline That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, August 2, 1994. That upon said contract The Insco/Dieo Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 5th day of August, 1994. City Clerk and ex-oflicio Clerk 61 of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss. City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-0ffieio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 5th day of August, 1994. f City Clerk and ex-ofiicio Clerk 67 of the City Council of the City of Huntington Beach, California . L - I Yi 14 I LI I A I_ I_I I J I n I'do.004 F'.C11 DEPARTMENT OF PU13LIC WORKS WDEMNMCATION, DEFENSE, HOLD HARMLESS FORM In consideration of working in the public right of way ("CONTRACTOR") (hereinafter named "CONTRACTOR"), hereby agrees to protect, defend, indemnify MVW hold and save harmless the CITY OF HUNTINGTON BEACH, (hereinafter named "CITY") its officers, and employees against any and all liability, claims, judgment$, coats and demands, however Caused, including those resulting from death, Wury, property damage, arising director or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive noncurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, i1ole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing thisobligation. This indemnification expires upon completion and acceptance of project "Civic Center Oil Pipeline". NAME OF CONTRACTOR J.L. Stanton Construction Co., Inc. 1, By: LTitle Treasurer I Sec. (signature) Steve KniIghtley (print name) i B. Lynne Stanton Tint name) APPROVED AS TO FORM: DetC: _ May 19, 1993 Title president Date: May 19, 1993 If a corporation, TWO OFFICERS must sign: or, in the alternative, present satisfactory evidence of your authority to bind your corporation. 04480 I have received Performance & Payment Bonds for J. L. Stanton Construction Co., Civic CEnter Oil Pipeline Installation on behalf of the Treasurer's Office. Dated2 L,� By., .-,�..p .I PLANET INSURANCE COMPANY HOME OFFICE. MADISON- WISCONSIN Bond No. P2504200 PERFORMANCE BOND CALIFORNIA - PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS: That J. L. STANTON CONSTRUCTION CO., INC. as Principal, and the PLANET INSURANCE COMPANY, a Wisconsin corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of ONE HUNDRED AND ONE THOUSAND, TWO HUNDRED THIRTY ONE — AND NO/100's-------------------------------------------- Dollars (S101,231.00 for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a contract, dated MAY 12th , 19 93 , with the Obligee to do and perform the following work to -wit: CONSTRUCTION AND INSTALLATION OF THE CIVIC CENTER OIL PIPELINE APFPOVED AS TO FOR1U* GAIL MJTTON CITY ATTORNZY �. By: ' \ Deputy City attorney NOW. THEREFORE, if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void. otherwise to remain in full force and effect. Signed and sealed this 12th day of 1-LAY , 1993 L. STa,'ITOIN CONSTRUCTION CO. INC. L.L' t � ,,y , �r✓��_ (Seal) PLANET INSURANCE COMPANY _ R B 1 Shirley Howard At orney•in•�act BOP•2801 CAL - CONTRACT - PUBLIC . PERFORMANCE 8 2035 PLANET INSURANCE COMPANY MEAD OFFICE, MADISON. wISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY. a Corporation duty organized under the laws of the State Of Wiacon&n. does hereby make. Constitute and appoint SHIRLEY HOWARD of SANTA BARBARA, CALIFORNIA------- ffa trw and lawtvi Attorney•ln-Fact to make. execute, goal and deliver for and on if& behalf."as Its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----- and to bind lane PLANET INSURANCE COMPANY thereby as hilly and to the same extant as d such bonds and undertalunQs and other wrttings obllgabry In the nature thereof were "red by an Executive Officer of the PLANET INSURANCE COMPANY and mated and allestad by one other of such officio and hereby raefies and corifulns M tut fb said Attorney{&) - in- Fact rosy do in pursuance hersot Tthfs Power of Anomey Is granted under and by auM+orfty of Article %M of the By -Laws of PLANET INSURANCE COMPANY which Became stioMoe September 21. 1961. wtuch provis.ons are now In full force and~ reedoV as ionowc ARTICLE VV —EXECUTION OF BONDS AND U NDERTAIQgi1(1B.- 1. The Board of Directors. the Prapdeni Oho Chairman of the 90ar(L any Senior Yres PreaiderhL any Vies Pryeideel or Assittarq Vice President or other oMcer designated by the Sioard of Directors "I have power and authortty to (a) appoint Aeorneye-in-Fecl and w suit ite them to execute on befhaff of the Company, bond& and undertakings, recegnasinces, cwntram of indemny and caw writings obugstory, M Ow nature thareof_ and (b) to rerrw+re any suet+ Anomey-n-Fiso al any erne and revoke the power and authority given to hrrtt. 2. Attorneys -in -Fact shall have power and auefwrtty. subject to tha terms and Irraltabons of the power of aff rney issued b 94M to execute and "Ivor on beW of the Company. bonds and undertakings, reeognizances. Contracts of indemmnfty and ORhar writings obtigatory in this nature thereof_ The corporate &oaf is not necessary Ior the v"ty of any bonds end undatakings, recognl=ances. contracts of indemnity and ddher wrttings obligatory In the nest& tMraid S Atrorneys-in-Fact shall Ave power and auahorty to execute &Ifid&vf4 required to be anached to bonds, necoVitances, contracts of indemnify or Olhw conditional or obligatory undartaltings and they Shall alto have power and suthorty to caret' to tnenciat staternerd ON t» Company and 10 Copies d the ey-Laws of ter Company or any wiscie Or sacton tiharsof This power of attorney is aligned and soaked Oy besrmile under and by auo+aey of the ldlowing Resdueon adopted by this board of Directors of PLANET INSUAANCE COMPANY at a meseng had on this 2W day of Harm IOM Ist which a quorum was present. and said Revoiut/Cn has not been amended or repealed: "Resolved, that Iha signatures of such directors and officers arid the aes1 of ter Company may b& affixed to any ouch power of attorney or eery caeW`icate reiaerq thereto by tecorTuls. and any Such power of anomay or careficate bearing such fbosirrWe "netures or lacsitniM sod shall be valid and binding upon ttia Con4mmy and any such power so exec~ &rid ceretied by tacainrle Signatures and tacarmile me) "I the valid and b.ndmq upon t» Company In the luture with respect to any bond or undertaking to whitch it is fattached." IN WITNESS WHEREOF. the PLANET INSURANCE COMPANY has Caused these presents to be signed by Its Vice Presder+i and its Corporate mal b be heralo affixed, this 4 t h fty of October 19 90 PLANET IN V. Pres.derrt STATEOF Washington COUNTY OF King Ont"& 4th days October .19 90 .Personallyappeared Lawrence W. Carlstrem 10 me known to be the lrce•Pres4ent of the PLANET INSURANCE CO and acknowledged Vial he executed and arrested the foregoing InsVLment and aff xed the seal of said corporation l herelo. and "I ArpC 1. secu 1. 2. and 3 of the ey•Laws of said Company. and the Resolution. eel forts therein. are 3ti11 In Tull loco& v � J r �s My Commission Expire& ° Srrt �/�_ /X -A— May 15 .19 94 ;TM; Notary Public rn and (or the State " - ashi ng ReSIdrng at Tacoma L Keith A. Poling Assistant Secretary of the PLANET INSURANCE COMPANY. do hereby certity final vie above and foregoing is a true and correct copy of it Power of AHOrney executed by said PLANET INSURANCE COMPANY• which ra still in full force and effect % in i. IN wTNESS Vvt-IEREOF, I have hereunto set my hard and affixed the seal of said Company this 1 d j t9 93 Assistant Secretary KV BOP- t1311,a2 Keith A. Poling PLANET INSURANCE COMPANY HOME OFFICE, MADISON, WISCONSIN Bond No. P2504200 PAYMENT BOND CALIFORNIA —PUBLIC CONTRACT •KNOW ALL MEN BY THESE PRESENTS, that J. L. STANTON CONSTRUCTION CO., INC. as Principal, and the PLANET INSURANCE COMPANY, a Wisconsin corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of ONE HUNDRED AND ONE THOUSAND, TWO HIVNDRED 7IRTY ONE AND N0/100's-------- ------------------------------------ -----Dollars f$ 101,231.00 for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the 12th day of pIAY 1993 , entered into a con -tract with the Obligee for APP . '-:77_D AS TO r 0IVU CONSTRUCTION AND INSTALLATION OF THE CIVIC eTT CENTER OIL PIPELINE C 7V = - D 7ty C t y,, Attornevy NOW THEREFORE, if the original contractor or his subcontractor fails to pay any of the persons named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractor pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the surety will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorneys lee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any Suit brought upon this bond. Signed and sealed this 12 th day of mAy 19 93 J. L. STANTON CONSTRUCTION CO., INC. .. /�.�................... . PLANET INSURANCE COMPANY 5hi r1 ev Ucua-d Attorn€vin-Fact BDP-2804 ED. 7/83 (CALIF) __ PLANET INSURANCE COMP1MNY MEAD OFFICE, MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the PLANET INSURANCE COMPANY, a corporation duly organized under the laws Of the State of Wrsconarn_ does hereby make_ constitute and appoint SHIRLEY HOWARD of SANTA BARBARA, CALIFORNIA ------ ka taw and Lawful Attorney -in -Fact to make. exacuta. seal and deliver Ior and an its behalf. and as f4 act and Deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---- arrd to bind ass PLANET tNWRANCE COMPANY whereby as Art and b eta same extant as it such ponds and undertakings and olhw wrfsngs obfigatory wi V" nature swaaf were signed by an Exeeunve OtTfcan of eta PLANET N.SURANCE COMPANY and sealed and attested by one dater of such ofbCam and filly if ranfles and confirms as U+at Its said Anom"s)-on-Fla may do Ih purawnC• hereof The Poway of Attorney is grarrttid under and py lsults0rtty of AMC* VII of the by -Laws of PLANET INSURANCE COMPANY which became affe6OVO SWAwnb W 21. 196I. which prWsiorte are now in fail force and effect raeiding as foaowtc ARTICLE V11 — EXECUTION OF 90"M AND UNDERTAtfdfylt3S t. The board of 01tectorg, the President I%* Cheirman of the Board. any Senior Vice President any V" President or AssisULM Klca PresidMH or Q4hW off W *"noted by wy Board of VV CII" "IT haute power and auahorny 10 (a) appoint Attorneys -in -Fad and 10 auatortze them to axeCuta an b&W Of ate Company. ponds and un4MlakFngs, recogruzancest conv*CU of indemndy and What +merge *W%@tory in a» nature ows,04, and (b) b remove any, such AStwnay-In-Fad at any isms and revoke she pow« and simony green to hrri 2. Atorneys-In- Fact shag have power and awltionity. sublact to ttse terms and Wrwlabona of ass power of attorney, issued to mer11, to execute and deiivar on behalf Of she Company, bonds and undertakings, raeognizar.0". Contracts of r+demnity and oahw wnbngs obligatory in the nature Vlarsof. The corporate Seel to not necessary for Me YaLdly of any bonds and underalunga. rec0gr%4 ncaa. COntraCtt Of rnderwrty and OVW wrMngs obligatory in the mature meretlf. 3. Attorneys -in -Fact Was he" power end avv% rtty to execute aff4swn required to be ant c hed to bonds, raCognr=ancaa, contracts of iMerlutrty or oaw coo Mortal or op+igatory undertakings and whey shelf also hove power and wewrty W eeroy, m* financial statement of the Company and to copies of the by -Laws of 11+e Company or any article or secsort therea This power W attorney is signed and sealed by ♦acsirnlle under and by auawnh d fM Iollowuig Reepubon adapted by the Board of Directors of PLANET INSUs1ANCE COMPANY at a meeOng hod on the zft day of th WCK 12W. at wtwCT a Quorum was present and sa-d PAvbot~ has hc1 Dew+ amended or repaalaix "Resolved. met tfse s+gnsumn of such directors and officers and the seal of ab Company may be affixed to any such power of attorney Of arhy untffCats resatirtg WWGW by taCJUmI4. and any Vpch powrar of amonvy or eeraticate baanng such facsimile argnaturea or 4cumrle Baal OW be YW-d and banding upon the Company and any frdCh poww so axacLAPd anO certrMd Of, facarmise aignaturw and tacasmile seat Shatl be valid and b&rsding upon 7» Company rn the Mary weal respect to any pond or uhdertak,ng to wn.ch a rs attechad . PN WITNESS WHEREOF. the PLANET INSURANCE COMPANY has Caused t iessa presents to be signed by Rs VCe President and fta Corporate, sear to be'tan''b affixem *%* 4 t h day o1 October 19 90 STATE OF Washington COUNTY OF King On this 4 th day of October to me known to be me Mice-Preirdent of met PLANET INSURANCE in St►Lment and affixed Cie Seal of Said CorparabOn mere10. and that ArtiC set forth marein. are Sall A furt force - My Comnrtissfon Expires- May 15 i 1g 94 ,� a PLANET Vice Proaxsent 19 90 .paryona!ryaooeared Lawrence W. Caristrc: •M acknowie0ged Mal he executed and atlested the foregoing Sect,o 1. 2. and 3 of Te by -Laws of Said Company. and tole ResWUOon. Notary Pubfbc in and to Os Sue t/Washing R&Pd,ng s, Taccma I. Keith A. Poling . Ass start Secretary or Sty PLANET INSURANCE COMPANY. do hereby Certify that the &bore and 10regoino is a Uwe and Correct Copy of a Power of Attorney executed ply Said PLANET INSURANCE COMPANY. which is Still in full force and sheet ( r — 11 IN WITNESS WHEREOF. I have hereunto set my hand and affixed the Seal of said Oornpany mil Awylant Secretary 80P- 1431 1182 wt?;V� . ,q 93 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 14, 1993 J. L. Stanton Construction Company Inc. 3944 State Street, Suite 360 Santa Barbara, CA 93105 CALIFORNIA 92648 RE: Construction anC1_Tnsr i11atjQn of Civje C.Pnrpr Oil Pipeline T- , PROJECT Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PRf1.TFfT Tr. rnMPI FTPn R11T PRTnP Tn THP RFI FASF nF RFTFNT1f1N FIINnlS In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of i-,ork and materials for one year. If your performance bond does not include specific wording for a one year i-:arranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that rust be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone- 71453"2271 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION IOC 0 94m053462-7 31—AUG-1994 08 = 45 At! Recorded in (Ifficial R-cand5 of Oran_e Coulitr, Califorlu-; Lee A. 1 n;:h; Count.. ReC Lee r- m_i f nr�oi l,rr Pme 1 of : Fees" I AAA Tax: 1 0.00 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to J. L. STANTON CONSTRUCTION who was the company thereon for doing the following work to -wit: Civic Center Oil Pipeline That said work was completed June 14, 1993 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, August 2, 1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 17th day of August, 1994_ City Clerk and ex-officio Clerk of the City Council -of the City of Huntington Bcacli�California STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-0fficio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjuy, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 17th day of August, 1994. T' zL L.t �&�_ Z:4&��7 Citv Clerk and ex-0fiicio Clerk of the City Council of the City of Huntington Beach, California K or-- CONFOIRi r-D COPY Not CCr,rry-cd win Original WHEN RECORDED MAIL TO: CITY OF HUN`I INGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION THE OR1104A! OF THN DOCUME,IT LEE A. PFA"CH, COII:•!TX RECORUEI: C - nc i s �iG-i �F 11f{aPA.i_ _i•�K: 'tits; - !tR'5 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to J. L. STANTON CONSTRUCTION who was the company thereon for doing the following work to -wit: Civic Center Oil Pipeline That said work was completed June 14, 1993 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, August 2,1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 17th day of August, 1994. City Clerk and ex-o@icio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 17th day of August, 1994. Clerk conCity Clerk and ex-officio of the City Council of the City of Huntington Beach, California r_ cam'+ d .Y.- •r [-J ►- d x u.� � cn CITY OF HUNTINGTGN BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 17, 1994 Lee A. Branch County Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir - CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number Sincerelyyours, Connie Brockway City Clerk CB -cc Enclosures g CCVMCPllu (Tolephons: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUN INGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to J. L. STANTON CONSTRUCTION who was the company thereon for doing the following work to -wit: Civic Center Oil Pipeline That said work was completed June 14,1993 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, August 2, 1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 17th day of August, 1994. City Clerk and ex-0fficio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach } I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and cx-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 17th day of August, 1994. '\ EG City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City_ Clerk P. O- Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to J. L. STANTON CONSTRUCTION who was the company thereon for doing the following work to -wit Civic Center Oil Pipeline That said work was completed by said company according to plans and sNcifications and to the ,,, satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, August 2, 1994_ That upon said contract The InscolDico Group was surety for the bond given by the said company as required by law_ Dated at Huntington Beach, California, this Sth day of August, 1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-0fiicio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Rec:ordcr of Orange County by said City Council_ Dated at Huntington Beach, California, this Sth day of August, 1994. City Clerk and ex-0fficio Clerk 67 of the City Council of the'City of Huntington Beach California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 19U Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to J. L. STANTON CONSTRUCTION who was the company thereon for doing the folIowhng work to -wit: Civic Center Oil Pipeline That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, August 2, 1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this Sth day of August, 1994_ City Clerk and ex-off"icio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 5th day of August, 1994. g i -/-� � � a City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California VTY O F LEE A. BRANCH COUNTY RECORDER City of Huntington Beach P.O. Box 190 California 92648 August 16, 1994 COUNTY RECORDER: 630 N. Broadway. Rm. 101 P_O Box 238 Santa Ana. CA 92702 Telephone- 714!834-2500 FAX 7141834-2622 We are returning UNRECORDED Notice together with your remittance of $0.00, check none. A notice of completion must include the completion date. If you have only as acceptance date, you may record a "notice of acceptance" instead. LEE A. BRANCH COUNTY RECORDER By: Li Larson Deputy Recorder LL:vs LEE A. BRANCH County Recorder P.O. Box 238 Santa Ana, California 92702 mom - - •��-�-� -� •,;-ice ;�-� • _.�.`.`..'� iYn h� OM'451 �4 KCC cc a r�R 9.POSTA� C” 8aOaa°a 1111116111111111 A 1111 111 111 1111 111'11111111111111i1 MI 111li 4 L LGLV "LOMNGTON BLOC" ., REQUEST FOR CITY COUNCIL ACT ON 511 Submitted to: Honorable Mayor and City Council Submitted by: Prepared by Subject: Michael T. Uberuaga, City Ad Michael P. Dolder, Fire Chief BID RESULTS FOR THE Ct CIVIC CENTER OIL PIPELINE Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception Date: May 3, 1993 nY CITY GV��;(,tb �19 TION OF THE Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:Q.e%! STATEMENT OF ISSUE: Bids for the construction and installation of the Civic Center Oil Pipeline were received and opened on April 22, 1993. RECOMMENDATION: Motion to approve the lowest responsive bid submitted by J. L. Stanton Construction Company Inc. and authorize the Mayor and City Council to execute the contract between the City and J. L. Stanton Construction Company Inc. and authorize the Fire Chief to expend $116,416 to cover contract cost of $101,231, estimated construction change orders of $10,123 and "Supplemental" expenditures not to exceed $5,062. ANALYSIS: The City is losing approximately $35,000 in monthly oil sales revenue due to the November 5, 1992 failure of a privately -owned pipeline used to transport City oil. The City has transported oil through a pipeline owned by the Huntington Beach Company since 1974. The Huntington Beach Company has indicated that it will not repair the damaged section of pipe, nor are they obligated to do so under the current contract. The only viable option available to the City, if oil sales are to continue, is for the City to install its own pipeline in an existing public right-of-way. The pipeline would run from Yorktown and Lake to Huntington Street adjacent to the Water Operations Facility (Attachment 1). On December 21, 1992, the City Council appropriated $220,000 to design and solicit bids (Attachment 2) for the construction of a City - owned pipeline. On January 19, 1993, Enersource Engineering was hired to design and professionally engineer the Civic Center Oil Pipeline. Engineered plans for the pipeline were received on March 25, 1993 and bids were solicited. Bids were opened on April 22, 1993. The bid summary is as follows: BID SUMMARY Contractor Bid Amount 1. J. L. Stanton Construction Company Inc. $101,231.00 2. Zaich Construction $141,705.00 3. Doty Brothers Pipeline $141,860.00 4. S & E Pipeline $165,222.49 5. Greg J. Buchanan Inc. $184,970.00 J. L. Stanton Construction Company Inc. was the lowest responsive bidder (Attachment 3). Staff recommends the contract (Attachment 4) be awarded to J. L. Stanton Construction Company Inc. in the amount of $101,231. G r � i Civic Center Oil Pipeline May 3, 1993 Page 2 FUNDING SOURCE: A budgeted fund balance of $210,000 is available in Account # E-AA-FR-309-3-90-00, Contractual Services. ALTERNATIVE ACTIONS: 1. Deny award of contract to J. L. Stanton Construction Company Inc. and select one of the other bidders. 2. Reject all bids and freeze the construction of the pipeline. ATTACHMENTS: 1. Map of proposed pipeline location. 2. Notice Inviting Bids. 3. J. L. Stanton Construction Company Inc. bid. 4. Contract between City of Huntington Beach and J. L. Stanton Construction Company Inc. MTUIMPDIRGIsr b:oilpipe.rca Attachment 1 OIL PIPELINE Civic Center to Miley -Keep Tank Farm ewe re -et CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J. L. STANTON CONSTRUCTION CO., INC. FOR CONSTRUCTION AND INSTALLATION OF A PIPELINE TO THE MILEY-KECK TANK FARM THIS AGREEMENT is made and entered into on this 14th day of _may , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and J. L. STANTON CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation and construction of a pipeline from the Civic Center oil wells to the Miley -Keck tank farm in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any 520 AJFk 1 description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE_OF CONDITIQNS OF WORK• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: 520 AJFk 2 r A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Wozks Con5truction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Huntington Beach Fire Department (hereinafter referred to as "HBFD"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 520 AJFk 3 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 One Thousand, Two Hundred Thirty One Thousand ($101,231), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty (30) working days from the day the "Notice to Proceed" is issued by Fire Department, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the 520 AJFk 4 prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGE CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the HBFD. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the HBFD may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the HBFD, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the HBFD. When directed to change the work, CONTRACTOR shall submit immediately to the HBFD a written cost proposal reflecting the effect of the change. Should the HBFD not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the HBFD and the proper cost thereof shall 520 AJFk 5 be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO_PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) 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 (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIE The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural 520 AJFk 6 facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INQEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate 520 AJFk 7 a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the HBFD shall grant a further period of time prior to the date of final settlement of the Agreement), notify the HBFD in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the HBFD shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time 520 AJFk 8 herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Noticg: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the HBFD in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) 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 HBFD 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; 520 AJFk 9 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VVPRJATIONS IN ESTIMATED -QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The HBFD may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in corstruction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the HBFD shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the HBFD will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each 520 AJFk 10 progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the HBFD, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the HBFD finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by HBFD, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the HBFD, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of 520 AJFk 11 securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. lb. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the HBFD its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER QF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATX9N, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent 520 AJFk 12 negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPENSATION INSURANCE Pursuant to the 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 all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability 520 AJFk 13 insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT 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 provide the name and policy number of each carrier and policy, and shall state that the policy is currently 520 AJFk 14 in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance 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. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 520 AJFk 15 Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP _NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 520 AdFk 16 obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29. CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL $ERVICES 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 520 AJFk 17 services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter S 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. J. L. STANTON CONSTRUCTION COMPANY, INC. By: X B. Lyira Stanton, President P B Steve Knightley, Treasurer I '� ; City Clerk CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED/AS TO FORM: ` ,'City Attorney G� INITIATED AND APPROVED: .. , . _ A .n,._ Fire Chief 520 AJFk 18 ISSUE DATE (MKDONY) 05/06/93 PRODUCER _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ' CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Montgomery Fansler g y DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Carlson &Valois Ins. POLICIES BELOW. 11. O. Drawer 1469 COMPANIES AFFORDING COVERAGE Santa Barbara, CA 93102 COMPANY A INS'I' OF LONDON UNDE.RW'I'RS LETTER AMC �TTER B NOR'1'1111ROOK INSURANCE COMPANY INSURED COMPANY C INI)EMNITY CO J. L. Stanton Construction LETTERREPUBLIC LETTER 3944 State Street Suite 360 COMPANY Santa Barbara, CA 93105 LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY TRAT THE POLICIES OF INSURANCE 1 ISTED BELOW HAVF. BEEN ISSUFD 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- TYPE OF INSURANCE POUC'Y NUMBER ��DATEIMFFMfUb/VY} ECTWE PDATEIMXPI UYRS I nH- A DENERALLIAWLflY BODILY INJURY OCC : S X COMPREHENSIVE FORM ISR3021 01/01/93 1 01101/94 • BODILY INJURY AGG Is X PREMISES,'OPERAnORS i PROPERTY DAMAGE OCC f X COLLAPsE BARD ND f PROPERTY DAMAGE AGG �f 1000000 X PRODUCTSICOMPLETEDOPER. BIaPDCOMBINEDOCC X CONTRACTUAL Br 8 PD COMBINED AGG f 1000 000 CONTRACTORS �( -X- I f 100OOOINDEPENDENT P�aS- (:!! A.L INJURY AGG BROAD FORM PROPERTY DAMAGE i . ----.. XPFNRY � 1; AUTOMOBILE LIABILITY BODILY INJURY X ANY AUTO CA0543647 01/01193 01/01/94 (Pet per" f ALL OWNED AUTOS (Pl- Paw ] I INJURY - ALL OWNED AUTOS {� lBODILY APPgaVED AST FORMS . (Pa swam f HARED AUTOS 1�UTTON ! NDN4[)WNED AUTOS GAIL CI`�Y AT ORNEY PROPCRTY DAMAGE f �X— GARAGE LABIU TY i BODILY INIUFrY 8 i BY PROPERTY DAMAGE COM NNE D f 1 000,000 EXCESS UABIUTY ep l EACH OCCURRENCE f UMBRELLA FORM AGGREGATE f OTI(ER THAN UMBRELLA FORM F— C STATUTORY OMITS WORKERS COMPENSATION PC947797 01/01/93 01/01/94 EACH ACCIDENT f 1 00 000 0 AND DISEASE• -POLICY LIMIT S 12000 0W EMPLOYERS' LIABILITY -- ' DISEASE —EACH EMPLOYEE 15 1,000 0(N) OTHER CANIE11Ki'ICV: 10 da s for non-payment of prerupm or non subrinssion of paMl l report DESCRIPTION OF OPEFIArIONSILOCATIONS1YEHICLESISPECIAL ITEMS Certi[icute holder is named as additional insured per form G1.2010. . . SHOULD ANY OF THE ABOvE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIHAIION DATE IHI=HEOF, THE ISSUING COMPANY WALL f 40EA*2RXxTii City of Huntington Beach, Its 30 agents, officers, and employee MAII. DAYS WRITILN NOTICE TO TVIL CERTIFLCATE HOLDER NAMED TO T1IF 2000 Main St. LEFT, wr�xs�ulalaxTr�xx�aQc�aaaxxcva�la>�sT�atrx>u1�Iosalc�mocx�ll�r�anxll�Aa Huntington Beach, CA 92648 ""L'0�`°"`OIRr�►`i[seYJ "�e`c>nr'i°e>es�wAeas AUTHORIZED REPRESENTATIVE GL 20 10 (Ed. 01 73) Institutg of London Underwriters Policy Period: 01/01/93-94 This endorsement forms a part of the policy to which attached, effective on the inception date of the `policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. 05-06-93 BR3021 Named Insured J.L. Stanton Construction 3944 State Street Suite 360 Santa Barbara, Ca 93105 Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Lessees) It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named below but only with respect to liability arising out of the operations performed for such insured by or on behalf of the named insured. 2. The applicable limit of the company's liability for the insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount as damages under this endorsement on behalf of the person or organization named below. Name of Person or Organization (Additional Insured) The City of Huntington Beach, its agents, officers, and employees 2000 Main St., Huntington Beach, CA 92648 GL 20 10 01 73 1PPROVED AS TO FORM: GAIL HUTTON CITY AT BY: Dep '' � City 1ttornev City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92W FIRE DEPARTMENT FEDERAL EXPRESS April 26, 1993 J.L. Stanton Construction Company Inc. 3944 State Street, Suite 360 Santa Barbara, CA 93105 RE: CONSTRUCTION AND INSTALLATION OF CIVIC CENTER OEL PIPELINE To Whom it May Concern: This is to inform you of your firm's selection pending City Council approval to construct and install the Huntington Beach Civic Center Oil Pipeline. We look forward to working with your company on this project. Enclosed with this letter is the contract between the City of Huntington Beach and J.L. Stanton. Please review and sign the document, then return it as soon as possible to the Fire Department (a-fita-lalieE -is--provided). The authorization to award the contract to your firm will be considered by the City Council on May 3, 1993. Once the contract has been approved by the City Council, your company will be notified of a pre- conference meeting to discuss the project. This should take place sometime in May. A "Notice to Proceed" will follow the next week. If you have any questions regarding this matter, please contact Richard Grunbaum, Deputy Fire Marshal, at 714-536-5531. Sincerely, �2, MICHAEL P. DOLDER Fire Chief MPD/RGlsr c: Thomas F. Poe, Fire Marshal Richard Grunbaum, Deputy Fire Marshal Mark Bodenbender, Captain/Petro Chem enclosure b sunlon Ilr Attachment 2 NOTICE INIVIUNG BIDS Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 PM on April 22, 1993, at which time they will be opened publicly and read aloud in the Council Chambers for the construction of the Civic Center oil pipeline in the City of Huntington Beach. A set of plans specifications, and other contract documents may be obtained on April 6, 1993 at the Huntington Beach Fiore Department, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $20. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than ten percent (10%) of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the -State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 5th of April 1993. Connie Brockway CITY CLERK OF THE CITY OF HUNITNGTON BEACH 2000 Main Street 714-536-5411 JUDDER'S INFC?ItNiM ION Attachment 3 r BIDDER certifies that the following information is true and correct: L rlN 0 ►71J<-::, i- r--Ck C —CI �P 0a , NC . �gq1-4 S -r7- eii2 i;� o usiness Address 3;C) Telephone Number 3 2-7q R'r A� The work site was inspected by ZT�„ of our office on The following are persons, films, and corporations having a principal interest in this proposal: IV1n b:pipeline.spc C-g The undersigned are prepared to satisfy the Council of the City o4 Huntington Beach of their rability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. �L T1k—,Oki 01 I41c�t fdMimpy Na. e � Signature of Mder r—m or Typed Signature 3() `-f q i Al i r- S i Address of Bidder �j •-4oLt, Telephone Number Subscribed and sworn to before me this .2�k day of ea L , 19. 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: IL Name and Address Name and Telephone No. of Project Manager:3N c l Atr 42l 3y -�s 5 7 0 Contract Amount of Workate CompleiR 2. Name and Address Name and Telephone No. of Project Manager:4— ontract Amount Type of WONate Completed I Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of WON Date Complet hwivehne_-zvc C-10 CAi..lif ORNjIA ALL-PURPOSE ACKNOWLEDGMENT h4. -•10? Stateof California County of Santa Barbara On 4/20/93 before me, Laura Lee Siegel DATE NAME_ TITLE OF OFFICER - E G . 'JANE DOE. NOTARY PUBLIC' personally appeared Shirley Howard , NAME(S) OF StGr+ER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), LAURA LEE SIEGEr` COWA0%7oels or the entity upon behalf of which the NOWY PUbbPCAkWa z person(s) acted, executed the instrument. & TA OAABAM C0UMY 11101a m. I Ipi1O6FM 24.1996 WITNESS my hand and official seal. ■� OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does no( requrre the Notary to fill In [he data below, doing so may prove invaluable to persons retpng on the docume t. INDIVIDUAL ❑ CORPORATE OFFICER(S) TtTL.E(S) PARTNER(S) LIMITED GENERAL c� ATTOFINEY-IN-FACT ❑ TRUSTEE(S) [] GUARDIANICONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTrTY(iES) 'lanet Insurance Company SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Bid Bond THE DOCUMENT DESCRIBED AT RIGHT= Though the data requested here Is not required by law. It ooufd prevent fraudulent rsatta[3yment of itus form. NUMBER OF PAGES 2 DATE OF DOCUMENT 4 /20 /93 SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O Box 7184 • Canoea Park CA 91309-7184 PLANET INSURANCE CUI1PAWY c HEAD OFFICE. SUN PRAIRIE. WISCONSIN BID BOND KNOW ALL MEN BY THESE PRESENTS, that we J. L. STANTON CONSTRUCTION CO., INC. as Principal, hereinafter called the Principal, and the PLANET INSURANCE COMPANY of Madison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE AMOUNT BID IN--- ---------------------------------------------------- Dollars (S TEN PERCENT ), for the payment of which sum well and truly to be made. the said Principal and the said Surety. bind ourselves, our heirs, executors, administrators. successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, the Principal has submitted a bid for CIVIC CENTER OIL PIPELINE. NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid. enter into a contract in writing and give bond with good and sufficient surety, or. in the event of the failure of the Principal to enter into such Contract and give such bond or bonds. it the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project - Signed and sealed this __20th day of _ _ APRIL _ _ _ t9 93 J. L. STANTON CONSTRUCTION CO., INC._ (Witness) (Principal) (Title) PLANET INSURANCE COMPANY NI-K, rney-in Fac-) r l cv )Iowa d H1JE'-?17f'-: no MEAD OFFICE MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS- That the PLANET INSURANCE COMPANY. a corporation duty organized under the laws of the Stan of WrItCOnwn" does hereby make. constitute and appoint SHIRLEY HOWARD of SANTA BARBARA, CALIFORNIA ------ its vue and lawful Atlwney-tn-Fact to make. execute. seat and 00IM and on Its bethet, and as Its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -- - and tD bind the PLANET MOIANCE COMPANY thereby as fully and tD the same extent as If WC!" bonds and undartal6ngs area other wrMnge oblo" in the nature thereof were sigma by an Executive Mew of the PLANET INSURANCE COMPANY and sealed and attested by one ocher of such Dineen, and hereby muse and confirms low that its said Atwxrn s>-in-Fact may do to pursuance hereof ThisPower Col Attorney is granted under and by authwfty of Article Vf of the By -Laws of PLANET WSUPANCE COMPANY which became effective Septarnbar 21.1981, which provisions are now in full force and dfeCL rs",nq ss follows. 1. The Hoard of OlrsCtprs., tits Preederhl the Chawrnan of the Board. any Senior Vice Pr*sident. any Vice PTOSK M or AssdteM Vice Predicant or other of sew designated by the Board of Dvaclors shall have power and authwpy tD W appoint AWffW04n-Fact and lo authwtza them to axecub on behalf of the Company, bonds and urWatdoM+ga, recognaances, contracts of trhdernnfy and dither r.ntfngs ON91111lory in the nature thereof, and (b) ID rsrnove any such AtlDrney-in-Fad at any time and revoke the power and authority givert to hwrt 2- Apwneys-inFact sfhati haw power N%d authwity. subject to the tans and knitations of the power of atwnsy issued b t ern. b execute and deltwr on bshaN of the Company. bonds and ur4srvkinpa, nXXnP ZAnC4W oorttacts of indemnity and other writings obligatory in the nature thereof_ The corporate seal to not necessary kw the validity of any bands and undertaknVit. reoWizances. contracts of inderrhntty and other wnttW obligatory in the nature thereof. 3. Atorneys-in-Fact chef have power and suthortty to execute afMdavt% required 1D be attached to bor+ds, recognizinces, comwta of indemnity or other condftiwhel or obNgatwy underfaknVo and T3+ey shall ado have Power and suehortty to c arttty the financial etatafnard of the Company and 10 copies of the sty -Lays of the Company w erg &IkAe or detach therelA This power of attorney is signed and eeaied by lsl:W le under and by ahAholft of Via following Reaoiution adopted by the Board of Directors of PLANET lNSURIVr>CE COMPANY at a mealing held on the 29th day of Ularoft 19112 at which a quertrrn was Dt**Wt, and said ftasdution has not been amend" or rspeeied -Assolvad, that the aignatLree of such OrectDrs and Officers and the Mal of the Company may be aRixad to any such Power of attorney or any eart8cate rtti" tharslo by fttaeirniie. art any euwcfpower of atlonhey or certificate bearlrhg such facawtwie signatures or lacsinMM seal shall be valid and bindav upon the Company and any such power so executed and certified by tscawnlie signatures and tammine seal shell be valid and brfx" upon the Company in the %juArs with respect to any bond or undertaiung to which rl is sttached." IN WITNESS VVHE iEOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by Its Vice PresidertL and Its corporate salon ffi be hareW al"xets, tW" 4 th dal' of October 19 90 STATEOF Washington COUNTY OF King Ong 4th day of October to rns known to be the Vice-Presidertt of the PLANET INSURANCE In3hLment and affixed tha seal of said corporabon thereto. and that Artit W forth therein, are sti0 in Alt force Vhce Presdenl 19 go .pW3onatyappeaJed Lawrence W. Carlstrcr and acknowledged that the executed and attested the fprego-n¢ 1. 2, and 3 of the By -Laws of said Company. and Che ROSVvbon. t� My Commission Expires t� May 15 .19 94 ?' Notary Pubhc in and lot the state �ashingj Residingat Tacoma L Keith A. Poling Ass stant Secretary of tree PLANET INSURANCE COMPANY" do hereby cerbty that tree above and foregoing is a true and correct copy of a Power of Attorney executed try sa-d PLANET INSURANCE COMPANY. which is sell in hull torte and effect I�- IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 2 t d� 7 _ 1993 Assistant Secretary - — -- 80P-14311182 Keith A. Poling "(i 4 PROJECT BID SCHEDULE 1. 100 CY Ptemove and dispose of existing 6' thiek A/C paving 1 ` wide x 3800' long, incbfdes grind per city Spec. 109 S r--4)AeVXDollars 00 S $ zi 'r " Cents Per cubic yard 2. 4 SY Remove and dispose of txiating concrete aidewwalk �.7 LV F. 'r -S IE V Dot tan S 2 -2 S Cents Per square yard 3. 563 CY Excavate, bwYM and compact 4' deep x 1' wide x 3800' long treach rr X Dollars 1 _ Carts Per cubic yard 4. 3800 LF Pipe bedding with borrowed sand � Dollars S S Cents Per linear foot 5. Lump Sum Contractor to provide all essential surveying and ataking % "� S S. Bars S�d.4 a eVrA.) rVr aOCL,q�S 19— Cents Per lump rum 6. Lump Swn Provide one set of Reproducablt As -wilt Mylara �! V .F JJtivcQeFd rJC I�til��[I 1�Oilars s 5 $ �� • +��' (� Cents Per lump sum b:pipclinc. spc C-1 S 0 a Lump SUM FUrnish and MAInMin U&MC Contr0l &ViCe3 PCI traffic coutrol plan I *C5'te-,hjj Dollars Z) S $ —Cents Per 111W sum 71 CY Base course, crushed 1.1/2' travel compazted to 6' deep S 31 Dollars Cents Per cubic yard 9. 110 Cy 7' thick asphalt concrete paven= P wide 7. 3800' long, per City Spec. 109 4J 0 A; Jm �, �Fd ��Yl_ rj�;' ollan S JC) Cents Per cubic yard i Cy Install new concrete sidewalk per H13 Stand&rd Plan #207 5-75 Cents Per cubic yard 11. 3800 LP Provide and install 3' sch 40, black, imported, A.53 Or. B pipe. ERW sid wall (.216) 40'-2' long, co" delivered to job site Dollars S $ ctnts Per linear foot 12. 7 EA 3' 90' elbow, long radius, carbon steel, ASTIM A234 WPB Dollars S� s cents Per carp b:PiPCtinC.&PC 1. -2s Item Estirnated Item with Unit price Unit Price Extended No. Quantity written in words Amount 13. 5 EA 3" 45° elbow, long radius, carbon steel, ASTM A234 WP13 �J Dollars `- Cents Per each 14. 2 EA 3' RF weld necked flanged, forged steel, ASTM A105 O d O o Dollars S Cents Per each 15. 2 EA 3" blind flange, forged steel, ASTM A105 Dollars S / $ rT Cents Ll Per each 11 TOTAL AMOUNT BID IN FIGURES: I $ , O . �� r . 5 " II TOTAL AMOUNT BIIJ IN WORDS: I N Wo CO —� 1)-j);rirJn:r Sp^ C-3s and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find j)OE_ -> t� r� [) in the amount of $ 0 which said amount is not less than ten percent (1 Q%) 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: W.; VX MT Date Received r..�i �/..�• �J h-p+peiinc.spc C-2 LIST 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. By submission of this proposal, the Bidder certifies: 1. That he 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. b-pipeline.spc C-3 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as CIVIC CENTER OIL PIPELINE, (n(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 o, f 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 electrical utility company's requirements, 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 Date: I .- )_ { - C( 3 b-,pin.linc.spc C-5 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 and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code 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 Y Date: 1+ "2-A —q-!3 h: pipc [ine. spc C-7 04-20-93 04:39PM FROM PDs Civic Center On Pipeline Canstniction Project April 20, 1993 Page 2 All bidders shall acknowledge the receipt of this Addendum with their bid proposal. Tbm revisions do not change the Fire Chiefs "Estimate of the Bid Opening Date/Time` for this project. Please sign and FAX (714-374-1551) a copy of this document to Richard Caunbaum, Deputy Fire Marshal, to acknowledge receipt of this Addendum. If you have any questions regarding this Addendum, piease contact me at 714-336-5411. Sincerely, V Richard (3nt3banm Deputy Fire Marshal I have reviewed Addendum No. 2 dated April 20, 1993. It is understood that these revisions shall be included in the bid documents. Date: ru a- LJ'l Ln 1.t-I 0p Lrt arRerLt 7286585595 ®f OUfS110NS1 CALL boo-z38- WLLE. rrrAcOraNGxa Nausfx 7286585585 Data Rfc1Pmws Cop r rom T won") t . ftw PW* Wffft {wry WpottanqkLoACON s Nwft) Pww" Pm P.va81+..SYE—.v. ti..C�.i� �-�.` I .... �.�.�r ...3-. �.;�.''?����..--.C.L,'�.,k.a...d.:.E-.±.c. Company ci w ww ttrF DE No cwo" .r;_ ! �ti i ... •1, ice :'. S 11, J ..i-•[ Suwt Atltyrasa • Y,.T. �T iTt C h'. ...:'... .?.. Sure • . f K --.A, r-' .....� WL U 2F-sAAaowftF*"cats 3FI04>b" ' SMCfS (ChwA oral"Doi[) 1�rgEFa�rw���•/ ���� 17 Q PACK" St ❑ ACWWO 16 ffi MQ9 U7Xg 5B ❑ FEDEA tE7TE11' 12 ❑ FEDEAPAK• 52 ❑ FEOEAPW 13 Q FEw BOA 53 Q Fou BOA t4 n nvu a* 54 n ,.&w TUBE "❑ror• rl %P W mffi a 3Im4 6 Q 4P7, tar rt r wWrEr 4t n Sir!. W Ardaw oo '[/ w l 70 ❑OWfiNCqy eo ❑ nvv6DAY MIGHT"fRfr •• 1o.wrm...w.� '.*-wWA[H[ ... ........ I ..... ........ _ 04, .-.a .....�-� +xrT �.w.G u-.. �.! .. ,Zwo ...... EI[act 1 Add[rN fMr Calrlof Akl[f ru P.O. Boaee or O !b C 'mow Seta app-f*W E ) " -:, F1 Avw oa 1MotcR1 if f[IafD A3RPICif UP Rt,tIgDIExAauwFyErs �... OM Jed1j.am M 00ox c 6111r Slab �DEL1VfiFYANDSMCIAL 1"D1116 lchadc :arvlDw nar�+f�d1 a .� a+► [GesF au M1 E". NO. Data Fperd ERvass Use p cage 1, o o w.�.rl etra■.r+ TKtl P. G'p Too.[. TO e+oa Base Cn+rws 1 Q ItOlO f 1/@ „Om W 1 *SMY O.srprl❑ • Q uWGERO1xg W= aw.Op) 50 6 ❑4 oro�'w c-ft EbFrl arcrwa O rqo- s---....4Me T Q OrtasnCIAL SERYTCE ._... _._CJ. B ❑ g Cj SATURDAYPiCK-UP r .� 12 O Hl1t1pAY OEL[4FRY IM �+A t[m uro.l ' ........i ........._....-......- ------------- j .,T�..... ....5 I __.- ............ ....... ow weD Vax, ctw 9e Slim Aowg" OCmI I city Stale zip 07W2 R.o.+v.a ey y n Total Ctwgea OW SHIPMENT lChWOOD14 Wwv) --' -" -- qs W -- - x -"" x •- - OWWTW a RaaWw FO EX EffV" WwnW t ro" twi IIm PARS Pi 377Da nEAr W3 F7ORWT.I'S6 SI MWED nor L s A PM 8"t[aa: 'i7pp•,.0 sw L'Y Swp s[j Orpp Boo 0 9 S C s C sow . 4 AttachMent 4 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J. L. STANTON CONSTRUCTION CO., INC. FOR CONSTRUCTION AND INSTALLATION OF A PIPELINE TO THE MILEY-KECK TANK FARM THIS AGREEMENT is made and entered into on this day of , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and J. L. STANTON CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the installation and construction of a pipeline from the Civic Center oil wells to the Miley -Keck tank farm in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK,. ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any 520 AJFk 1 description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: 520 AJFk 2 A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Huntington Beach Fire Department (hereinafter referred to as "HBFD"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 520 AJFk 3 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 One Thousand, Two Hundred Thirty One Thousand ($101,231), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty (30) working days from the day the "Notice to Proceed" is issued by Fire Department, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the 520 AJFk 4 prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the HBFD. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the HBFD may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the HBFD, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the HBFD. When directed to change the work, CONTRACTOR shall submit immediately to the HBFD a written cost proposal reflecting the effect of the change. Should the HBFD not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the HBFD and the proper cost thereof shall 520 AJFk 5 be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. :• CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) 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 (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural 520 AJFk 6 facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. JNDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate 520 AJFk 7 a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the HBFD shall grant a further period of time prior to the date of final settlement of the Agreement), notify the HBFD in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the HBFD shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time 520 AJFk 8 herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Ngt.ice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the HBFD in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) 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 HBFD 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; 520 AJFk 9 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN TIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The HBFD may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the HBFD shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the HBFD will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each 520 AJFk 10 progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the HBFD, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the HBFD finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by HBFD, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the HBFD, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIEa At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of 520 AJFk 11 securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16. AFFIDAVITS OF SATISFACTION_,_OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the HSFD its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION. DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent 520 AJFk 12 negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney's fees incurred by CITY in enforcing this obligation. 19. WORKERS' COMPEAATION INSURANCE Pursuant to the CalifQrni_a 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 all such laws and provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability 520 AJFk 13 insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 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 provide the name and policy number of each carrier and policy, and shall state that the policy is currently 520 AJFk 14 in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance 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. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 520 AJFk 15 Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPQSITION OF PLAN ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Q41ifornia Government Code Sections 1090 et seq. 26. S QP NOTICES; --RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to withhold, or any similar legal document. Said 520 AJFk 16 obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.5s C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29. CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of 520 AJFk 17 services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. J. L. STANTON CONSTRUCTION COMPANY, INC. B. Lynne Stanton, President Steve Knightley, Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: ->-T, 1 . City Attorney 61-11'�Rt :•;23 INITIATED AND APPROVED: Fire Chief 520 AJFk 18 �i 7-ni f evv& Al'T /Ol, `Z -5l. va l �l, `7 c?-r, . a s RECEIVED CITY jFjK CITY 3F HUNTINGTON MCH. i.ALif. APR ZZ 2 02 f1i '93 16, H 20 1 zi sdv il-1-0 '1Q1.Q.. 0 N. 1 3 3 STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange. State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wft the issue(s) of: April 8, 1S, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on 1. 5 �--- ►199 --,L at Costa sa, Cafiromia Signature IC—E NOTICE INVITING BIDS Notice is hereby given that Sealed bids wi be re- ceived by the City of Hun- tinglon Beach at the office of the City Clerk at City Hall, 2000 Main Street. Huntington Beach. Calrtor_ nra. until the hour of 2:00 PM on April 22, 1993, at which time they will be Opened publicly and read aloud in The Council Cham- bers (Or the consWetiOn Of Civic Center oil pipeline in the City of Huntington Beach A Sel Of plans spetafica- tiOnS, and other Contract dOCUmenls may be ob- tained on April 6, 1943 at the Huntington Beach Fire Department, 2000 Main Street, Huntington Beath- CaNfomia, upon receipt Of -nori-refundable fee of 920_ Each bid shall be maoe on the Proposal Form and in the manner provided in the COn1reCl doGtiments, and shall be accompanied f by a certified or Cashier's Check of a bid bond for not less than ten percent (lox) of the amount of the bid. made payable to the Crry Ot Huntington Beach_ The Contractor Shall, in the per- formance of the work and improvements. Conform to Vt4_ Labw Cope of the State of talilorna and other laws of the Slate of California applicable thereto. vnth the exception onty of such variations that may be required under the special Statutes pursuant to whi,Ch proceedings hereun- der are taken and which have not been superseded by the prWSions of the Labor Code_ Preference to labor shall too given only in the manner provided by law. No bid shall be consid- ered unless it is made On a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the pro- posal requirements. Each bidder must be If censed and also prequali- tied as required by liv.. The City Council of the City of Huntirglon Beach reserves the right to reject any or all bids. By order of the City Count` GI of the City of Huntington Beach, California the Sth Of April 1993. Connle BrockwaY, CITY CLERK OF THIN CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley In- dependent Apn[ S. f5. 190 042294 -�� PROOF OF PUBLICATION PUBLIC NOTICE f NOTICE INVITING BIDS Notice is hereby given that sealed bids will be re- ceived by the City of Hun- tington Beach at the office of the . ty Clerk at City Hall, 2'.--)0 Main Street, Huntington Beach, Califor- nia, until the hour of 2:00 PM on April 22, 1993, at which time they will be opened publicly and read aloud in the Council Cham- bers for the construction of Civic Center oil pipeline in the City of Huntington Beach. A set of plans specifica- tions, and other contract documents may be ob- tained on April 6, 1993 at the Huntington Beach Fire Department, 2000 Main Street, Huntington Beach, California, upon receipt of non-refundable fee of 520. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than ten percent (10%) of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the per- formance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereun- der are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the pro- posal requirements. Each bidder must be li- censed and also prequali- fied as required by law. The City Council of the City of Huntington .Beach reserves the right to reject any or all bids. By order of the City Coun- cil of the City of Huntington Beach, California the Sth of April 1993. Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON (BEACH Published Huntington Beach -Fountain Valley In- dependent April 8, 15, 1993 042294 14UNTINGTON BEACWFOUNTAIN VALLEY Independent Dear Advertiser; Enclosed please find clipping of your ad from the first publication. If you need to'make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $. Thanks for your cooperation and patronage. Sincerely, qudy etting Manager Legal Advertising Manager 330 W. Bay street Costa Mesa. CA 92627 (714) 642.4321 , (7 t a) 63 t .5902 FAX '10 NOTICE INVITING BIDS Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 PM on April 22, 1993, at which time they will be opened publicly and read aloud in the Council Chambers for the construction of the Civic Center oil pipeline in the City of Huntington Beach. A set of plans specifications, and other contract documents may be obtained on April 6, 1993 at the Huntington Beach Fire Department, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $20. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than ten percent (10%) of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the -State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 5th of April 1993. Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH 20M Main Street 714-536-5411 REQUEST FOR CITY COUNCIL ACTION Submitted to: Honorable Mayor and City Council _fJ Submitted by: Michael T. Uberuaga, City Administrator B� Prepared by: Michael P. Dolder, Fire Chief'Y'I" Subject: CIVIC CENTER OIL PIPELINE Date: December 21, 1992 APPROVED BY CITY COUNCIL i I •Z - -X-/ Consistent with Council Policy? [ X ] Yes [ 1 New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The City of Huntington Beach owns and operates three oil wells on Civic Center property which generates approximately $420,000 annually. Pumping of oil has stopped due to the failure of a privately -owned pipeline. Funding and contractual authority is needed to install a new City -owned pipeline. RECOMMENDATION: It is recommended that the City Council: 1. Appropriate $220,000 for constructing a City -owned pipeline (Phase 1) and authorize the Public Works Director to solicit bids. 2. Direct the Fire Chief to prepare a proposal and cost estimates for constructing a City -owned oil processing tank facility for Council's review within 60 days (Phase II). ANALYSIS: The City is losing approximately $35,000 in monthly oil sales revenue due to the November 5, 1992 failure of a privately -owned pipeline used to transport the oil. The City has transported oil through a pipeline owned by the Huntington Beach Company since 1974. The Huntington Beach Company has indicated that it will not repair the damaged section of pipe, nor are they obligated to do so under the current contract. The only viable option available to the City, if oil sales are to continue, is for the City to install its own pipeline in an existing public right-of-way. The pipeline would run from Yorktown and Lake to Huntington Street adjacent to the Water Operations Facility (Attachment 1). The existing privately -owned pipeline delivers oil to the Miley -Keck tank farm located at 19081 Huntington Street. The Huntington Beach Company has indicated that their Miley -Keck oil processing tank facility may not be in operation in the future. When this occurs, the City will have to develop its own processing facility and lines to transport oil. Phase II of the City's replacement program would be to develop an oil processing tank facility on a City -owned parcel adjacent to the Miley -Keck site. F�y Request For City Council Action CIVIC CENTER OIL PIPELINE December 21, 1992 Page 2 FUNDING SOURCE: $220,000 in unappropriated general fund monies would be used for construction of the pipeline. There would be no related indirect or ongoing costs related to construction. A separate proposal will be generated with cost estimates for the tank farm discussed in this request for City Council action. ALTERNATIVE ACTIONS: 1. Discontinue oil production from City wells. 2. Approve funds to create new pipeline, but direct the City Administrator to prepare request for proposals and return to City Council for contract approval. 3. Approve pipeline installation, but do not direct Fire Chief to develop information on creation of a City -owned tank facility. ATTACHMENTS: 1. Map of proposed pipeline. MTU/MPD/sr b:rca.oil i li!�!a_• 7a OIL PIPELINE Civic Center to Miley -Keck Tank Farm e seep Fit �• �!4 CITY OF HUNTINGTON BEACH { INTER -DEPARTMENT COMMUNICATION HLN71MLT0Y SfACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION FOR INSTALLATION OF NEW CITY —OWNED PIPELINE, FIS 93-33 DATE: DECEMBER 18, 1992 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $220,000 to accommodate the construction of a City —owned Pipeline in order to serve the three oil wells on Civic Center property. Upon approval of the City Council, the balance of the unaudited, undesignated General Fund would be reduced to $3,099000 plu ,an addi.t-i n $6,838,000 which is reserved from the AB 702 (PERS) credits. //1 71 / RJF:skd Deputy City Admin strator C , WPADSERT:1211 •LC RECEIVED BY Treasurer's Office/Date I6 5, �19 /y F6 0. 00 92©. 06 F3 CASHIER'S CHECK NORWALK 043 tg j0FFKXOFMSM RE%4lTT£R- t 6-49 2109070 1220 DATE: S E PIPELINE CONSTRUCTION COMPANY APRIL 22,1993 POROOER OF THE ******CITY OF HUNTINGTON] BEACH********* S ***17,000.00 M01t. 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Lp.a� M.L F06W247 ]llf. E/fl] •J Ile 2 1090 70,12 1: 12 2000496l:0 56 500000 7110 CHECK RECEIVED INSTEAD OF BID BOND RECEIVED BY _ � 3 -1l-� Treasur is Office/Date e�������� _ " SAFE V t BID BOND Conforms with The Amartcan institute of Architects, AJ.A. Doe meat No. A-310 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA KOME OFFICE: SAFECO PLAZA SEATTLE. WAS►+INGTON Q$18S BOND No. 5b2 73 72 KNOW ALL BY THESE PRESENTS, That we,r _ DOTY BROS, EQt; IP,`tEN _CQ. CITY OF HUNTINGTON BEACH as Principal, hereinafter called the Principal, and the SAFECO INSGRANC£ COT.IPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL BID IN ---------------------------------- Dollars (S 1 % d ), for the payment of Which stun WeII and truly to be wade, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointty and severally, firmly by these presents, WHEREAS, the Principal has submitted a bid for CIVIC CENTER OIL PIPELINE NOW, THEREFORE, it the Obliges shall accept the bid of the Principal and the Principal shalt enter into a Contract With the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obliges the difference. not to exceed the penalty 4 hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain 1 in full force and effect. i Signed and sealed this 8th day of E I BID DATE: At RIL i2. 1993 E Witness t i t` Witness i APRIL , 1993 DOTY BROS. EQUIPMENT CO. (Seal) Principal BY . ' Jo n Do , President Title SAFECO INSURANCE CO PANY OF AMERICA B WEN M. B OWN Attorney -in -Fact N M BROWN INS IOI90 0 RegaSterea traaanart of SAFECO Corporation. PRINTED 114 LIZ A- POWER SAFECO INSURANCE COMPANY OF AMERICA 101- .OF ATTORNEY HOME OFFICE. SAFECO PLAZA pp SEATTLE. WASHINGTON 83185 SJyF�O No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint wxwwwwwwwwwwwwxxwwwrwOWEN M_ BROWN, Anaheim, CallfOfnl awwwwwwwwww www wwwwwewwwwxwwwwwxxwwxwwww■ its true and lawful attorneys) -in -fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of Its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4th day of January . 19 93 . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS . . . the President any Vice President_ the Secretary, and any Assistant Vice President appointed for that purpose by the officer in Charge of surety operations. shall each have authoriy to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute- on behalf of the company fidelity and surety bonds and Other documents Of similar character issued by the company in the course of its business . - - On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile_ On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws. and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto. and (Ili) Certifying that said power -of-attorney appointment is in full force and effect. the signature of the Certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof.' 1, R- A_ Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foreooing extracts of the By -Laws and of a Resolution of the Board of Drrevors of this corporation. and of a Power of A:fO,ney issued pursuant thereto, are true and correct, and ;hat both the By -Laws. the Resolution and the Power of AnOrney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said-crporation this 8th day of APRIL 19 93 S•13001EP 1r93 ® Reg -stereo tredemerk of SAFECO COr"rel;On. x Bond No_ 0 79 53 22 G'ZW MYSI 1 M INSURMCE WMPAM KNOW ALL MEN BY THESE PRESENTS, that we, GREG J. BUCHANAN, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HU TINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF THE TOTAL BID IN ---------------------------- DOLLARS (S 10% of Bid ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 20th day of APRIL 19 93 WHEREAS, the said principal is herewith submitting a proposal for CIVIC CENTER OIL PIPELINE f NOW, THEREFORE, the condition of this obli;ration is such that, if the said principal shall be ,f 'qq awarded the said contract, and shall within SIXTY { 50 ) days after receiving notice of I• such award enter into a contract and give bond for t ie faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surer will a unto the obligee the difference P P Y PY in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but i1: no event shall the liability hereunder exceed the penal sum hereof. GREGJ. HAN IN BID DATE; APRIL 22, 1993 - BY : P)incioa! GREAT AMERIC NSUR E COMPANY M. R .tttumcvr►t Fact F.9116K - 13/82) IB10 FOFIM) GZW A IVER1CAN INSURANCE COMPANY The numher of persons authorized by thus power of auorney is not more than No. 0 13030 • ONE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS- That the GREAT AMERICAN INSURANCE COMPANY.a corporation organized and existing under and by virtue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person ur persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and all bonds, undertakings and contracts of suretyship, at othes written obligations in the nature thereof provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Owen M. Brown Address Anaheim, CA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)•in-fact named above. Limit of Power Unlimited IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of January , 1991 Attest STATE OF OHIO, COUNTY OF HAM I LTON — ss- GREATAMERICAN INSURANCE COMPANY 1 On this 28th day of January, 1991 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument, that he knows the seal, that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed "name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20. 1979_ RESOLVED_ 77mr the President, the several Vice Presidents and Assistant Vice Prestdents, or any one of them. be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Cumpanv, as surety, any and all bonds, undertakings and contracts of suretvship, or other written obligations in the nature thereof. to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any rime_ RESOLVED FURTHER. That the Company seal and the signature of any of the aforesaid officers mar be affixeJ by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other lvrirten obligation in the nature thereof, such signature and seal when so used being he►ebv adopted by the Company as the unginal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the some force and effect as though manually affixed. CERTIFICATION 1, RONALD C HAYES. Assistant Secretary of the Great American Insurance Compariv. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20. 1979 have not been revoked and are now in full force and effect_ Signed and sealed rho 20ch day of APRIL , 19 93 S1029M t03/90i PLANET INSURANCE COMPANY HEAD OFFICE. SUN PRAIRIE. WISCONSIN . BID BOND KNOW ALL MEN BY THESE PRESENTS. that we J. L. STANTON CONSTRUCTION CO. , INC. as Pnncioal- hereinafter called the Principal. and the PLANET INSURANCE COMPANY of Madison. Wisconsin, a corporation d.;!y organized under the laws of the State of Wisconsin. as Surety. hereinafter called the Surety, are held and firmly bound unto CITY OF Hn, TINCTON BEACH as Obligee, hereinafter called the Obligee. in the sum of TE% PERCENT OF THE A�tOL-7 BID IN ---------------------------------------------------- Dollars IS TEN PERCENT ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns. Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CIVIC CENTER OIL PIPELINE. NOW, THEREFORE, if the contract be time;y awarded to the Princr; al and the Pri;,Cipal shall within such time as specified in the bid. enter into a contract in writing and give bond with good and sufficient surety, or, in the evert of the failure of the Principal to enter into such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project Signedand sealed this 20th day of (witness) APRIL J. L. STANTON CONSTRUCTION CO.,'INC. (Principal) :Sea.; I -- (Trine) - PLANET INSURANCE COMPANY t Orney-in-Fact► Shiley Howard SOP•2323 2190 PLANET INSURANCE COMPANY MEAD OFFICE, MADISON. WISCOJ41UN A POWER OF ATTORNEY KNOW ALL. MEN BY T14ESE PRESENTS- Thai the PLANET INSURANCE COMPANY. a cO*W01-On duly organ,zed under the Laws W this State of WrscOn&n. doe! rweby make. consbtvie and appoint SHIRLEY HOWARD of SANTA BARBARA, CALIFORNIA------- fta true and Lawful Anornry-in-Fact to make. sxecvM. Beal and delrviar for and On its behaft. and as fb act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----- and to bud VW PLANET INSURANCE COMPAfW Oweby as %try and to Vie same extent as 11 such bonds and undertakings and other w►ttings oblpalwy In the nature Vheraof were signed by an Esecuave officer of die PLANET INSURANCE COMPANY and posted and attested by one oVWr of IMAClh ofbm and hereby ralff es. end confirms aw Viet Rs pod Anoryhay(sf-on- Fact may do in pursuanca hereof Thfa Power! of Attorney is Granted under and by wit hOnity of Articse Vtl of the By -Laws of PLANET INSURANCE COMPANY which became fAl11bCOM Sepwnber 21. 1961. whit+ pr"Itions are now In tuts force and effect reeding as fotiows. 1_ The Board of Directors, t m PrtardM+l Vie Chairman of the Board. arty Son -or Vice President arhy Vice President or Aaaitrtant Visa President or OVW officer devgnated by the Board of Directors shad have power and auohonty to (a) appoint Anorneys-in-Fact and to authonze mein to oxecvW on behstf of this Company. bonds and undsftakrnps, fecognizAnces. contracts of hndernnrty and other wntngs Obligatory in the nature thereof. and (b) 10 narnorra any such Attomay-ern-Fact at any who and revoke the power and euetonty given to twm 2 Anorneys-m-Fad shall have power end sutfhortty. subpem to the tarwis and Wnfattons of the power of anornay rasued so Chem. to execute and deliver on balm" of die Company. bonds and undertakings. recognaancaa. contracts of indemnity end other wmfhgs obligatory in the nature nhared- The oorporata seal ra not necessary for " v&Wtty Of any bonds and vdertalungs, recognizances. contracts of ,ndemntty and other wnLngs obligatory in the rtflttrre V»resf- S. Asorrtays-in-Fad a w have power uW awe►onty a axecurta aflldevMa required to be attached a bond& recogniLncea, contracts of tndarnnity Or other condlfionet Or OW98WV under Jungs and V" OW alto have power and auVXXttY to candy thin financial staternern Of VW Company, and to copies of the By -Laws Of the Company Or any area. or .Ocean thereof. This power of attorriay is bgna4 and ssaJad by thmmlle under and by iuCtOMy Of the following IAaOlutiOn adopted by Vie Board of Dtrectora of PLANIET INSURANCE OOMPANY .t a mu" bald on Vm 2G1h day of MarcrL 1962. at which a quorum was present and said Rasdveon has not been amended or nape~ "Reeohred. that fie ergnatures of such drecbrti and of l rs and Vie D" of to Corthpany may be affixed to any such power of attorney Or any COM116cate teyathg CherM by ImoMmrle. and eery aUtlh power d aftornely der Clrelicate beanng such IsCJrmrle signatures or tacttrnile Mall OWL be valid and b,n n9 upon the Company and any f c h power eO axscaad and oarpfied by taCstnwle signatures and facahm.le seal shaft be VIA0 and b.rdtrhg upon the Compsny n ter Mane with respect 10 any bOtA or undertaking tO wnrch a era attachad.- IN WfTlNESS WHEREOF. the PLANET WSURANCE COMPANY has caused these presents to be signed by fb Vice President and na corporate seal k1 be harm affixed. lihra 4 t h day Ot October 19 90 STATEOF Washington COUNTY OF King On This 4 t h days Octcper 10 me known 10 be Die V,ce-P,es.derhl Ot me PLANET INSURANCE rnslrument and artiaed me seal of Sa,d corporabon Merelo- and oral Art SW form mete,n. are stin in tun torte My Commrss+on E_xpiref May 15 ti 19 94 •� �C� c. ��; a PLANET INSUPIANCE 9OMPANY Vice President 1p 90 . personally aaoeare0 Lawrence W. Carlstrc.m. AatY, and acknowledged mat ne executed and attested Die forego -no Secu t- 2- and 3 of Me Ely-LBwS Of Said Company. and me Resolution. NotaryPut>a,c ,n and ror ma state 4 /Wa s h i ng Res,d,ng ai Tacoma t. Keith A. Poling . Ass-stant Secretary of nhe PLANET INSURANCE COMPANY. do thereby certify trial Die above and t0re90ing ,s a true and Correct copy or a Power of Attorney ereCuled by said PLANET INSURANCE COMPANY_ which s sf,n m tun force ana effect IN WITNESS WHEREOF_ I have hereunlo set my nand and affixed me seal of Said Company this-t - t 1 W a R t9 9 3 Assistant Secretary - BDP-143,tna2 Keith A. Poling INSURANCE P.O. Box 85563 San Dte6o. CA 92138-5563 HID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Zaich Construction, Inc. P.O. Box 7158 Northridge, Ca. 91324 (hereinafter called the principal), and EXPLORER INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto The City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent o� Total Amount Bid ---------- Dollars (3-----10$— — } lawful money of the United States of America, for the payment of which, weIl and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated April 22, 1993 for Civic Center Oil Pipeline in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. + NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the t contract for such work be awarded to the principal thereupon by the said obligee. and said ` principal shall enter into a contract and bond for the completion of said work as required ( by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. i IN WITNESS YHER£OF, said principal and said Surety have caused these presents to be duly `signed and sealed this mxVxx= 21st day of April 19 93 t Zaich Construction, Inc - # SY : MaJaic -jr. si e &XPLO bR INSURA E MPANY 8y 1 XP CAL 160 ! C.(Michael H ey Attorney- n-Fact 10140 Campus Point Drive, San Diego CA 92121-1520 P. O. Box 85563. San Diego CA 92138-5563 (619) 546.2400 _ Explorer Insurance Company HOME OFFICE SAN DIEGO. CAUFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of APIZONA and having its principal office in the City of San Diego. California, does hereby nominate. constitute and appoint: C. MICHAEL HENLEY fts true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal• acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said Resolution has not been amended or rescinded and of which the following is a true, full, and oomplete copy: 'RESOLVED-. That the President or Secretary may from time to time appoint Attorneys-in.Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Execubve Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it funher RESOLVED: That the Attorney -in -Fact maybe given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in - Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers This 11th day of July, 1989. 4hsup o� cR` may, SEAL STATE OF CAUFORNIA SS- 1 „'I+asa� COUNTY OF SAN DIEGO EXPLORER INSURANCE COMPANY resident 89 On this llth day of July, before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duty commissioned and qualified, came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be the in- dividual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being tay me duly swum, deposeth and saith, tha: he is "ne said officer of the Corporation aforesaid• anC that the seal affixed to the preceding instrument is the Corporate Seat of the said Corporation, and that the said Corporate Seal and his signature as such officer were duty affixed and subscribed tothe said instrument bythe authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of San Diego• the day and year first above written. SF.': a :•.'. �ir� 1'risl".�-i:'.^_�1"frt4`.F.'�: ."•� oil STATE OF CA_1=Notary Public 0R\IA SS ::�� u, (,marts•_. E,o ,jr. COUNTY OF SAN DIEGO v I, the undersigned. James W. AVs:in, 111. of the EXPLORER INSURANCE COMPANY, do hereby certify that the Origipat POWER OF ATTOR- NEY. of which the foregoing is a full, true and cOrrec' copy. is in lull force and effect. and has not been revoked_ IN WITNESS WHEREOF, t have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation. this 21 St day of April 19 93 EXPLORER INSURANCE COMPANY 1t+sU.q` �k. ' lopcn4, S EAL' a ` �cw► ,�sa3 V Cretdry �— l rv� y h EXP CAL 37 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ame ggL4 S S� -7171 Q N- _Z , �+�t I �a C) Telephone Number 32-`79kI (P1 Mate Contractor's License No. and 1a Ih — _ _ r- at Date Issued ( 4 n The work site was inspected by Z5z,,g-: of our office on �} — 15 , 19q. The following are persons, firms, and corporations having a principal interest in this proposal: b:pipchnc.spc C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beac}i of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. omp y a e iA Signature �577M er NE0 or Type Signature 3q I -I y Sk <V "--'�E Address of Bidder Telephone Number Subscribed and sworn to before me this 2k day of A i2P—k- t 19 It 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: 2. 3. Name and Address Name and Telephone No. of Project Manager: XtA* t L A+0SM (213) -44 tk;S 5 `7 0 Contract Amount Type of or ate CompleR Name and Address Name and Telephone No. of Project Manager: Contract Amount Type of Workate Completed Name and Address Name and Telephone No. of Project Manager: _ Contract Amount of Workate CompletR b:Pipeline.sm C-10 04-20-93 04.39PM FROM PO4 PROJECT BID SCHEDULE Na a .:Era= riltt ir`i :w _ 1. 100 CY Remove and dispose of existing b' thick A/C paving 1' wide x 3800' long, includes grind per City Spec. 109 (� E r— 'e Dollars S S •�� �� -� Cents Per cubic yard 2. 4 SY Remove and dispose of existing concrete sidewalk �is V gtjIg Si 7gs %2 S Cents Per square yard 3. 553 CY Excavate, backfW and compact 4' deep x i ` wide xx 39W' long trench Dollars S!G Cents Per cubic yard 4. 3800 LF Pipe bedding with borrowed sand -C— Dollars S G • (G c� S 1 • Cents Per linear foot 5. Lump Sum Con=tor to provide all essential surveying and staking Ws�,uf w f i Q Wi �,I �UA"llan .� S "-� 4 S oC� 7 j o -'eVz'aJ'r1/f p�,Lsa¢S -16>"' Cents Per lump rum b. Lump Sum provide one set of Reproducable As -$wilt Myl`a^/rs { � Qe.- D011an y $ � � S Cents Per lump sum b:pipoiino.spc C-18 . 04-20-93 04:39PM PROP P09 `OZ '^._.,�:1.� -'r ,i..� - - !.J ` .i'--{� i ---5'...JY__'^� •`Ve�f �i'i ...aY:� y 7. Lump Sum pltrtllah and maintmin traffic control devices per 'FOR COMING' traft control plan {�' I y CIQF. �( -,—fq c(3 Dollars S Cents Pcr, lump sum -. S. 71 CY Base course, czuahed 1-1/2' gravel o=4=tod to 6' deep Y OIJ 37 $ ® IV, Dollars S - Cents Per cubic yard 9- 110 CY 7' thick asphalt concrete pavemsmt 1' wick x 3800' long,j per City Spec. 109 �fthJrE HJ1uCPi�Ftf �IYf_T N r jaFt�olirss 5 5 e V Cents Per cubic yard 10. 1 CY In -stall new concrete sidewalk per riB Standard Plan #207 Dollars Ccn*,s Per cubic yard 11. 3800 LF Provide and install 3' sch 40, black, imported, A53 Gr. B pipe, ERW std wall (.216) 40'-2' long, coated delivered to job sit t X Dollars $ �_1 s 370 Per Ifnescr foot 12. 7 EA 3' 90' elbow. long radius, carbon steel, AS?M A234 WPB Cents Per each b: pipeline. cpc C-2s Iterq Estimated Item with unit price Unit Price Extended No. Quantity written m words Amount . 13- 5 EA 3' 45' elbow, long radius, carbon steel, ASTM A234 WPB Dollars Cents Per each 14. 2 EA 3' RF weld necked flanged, forged steel. ASTM A105 O� $ 2 " Od $ ®%o Dollars -�- Cents Per each 15. 2 EA 3 - blind flange, forged steel, ASTM A 105 � - Dollars $ $ Cents Pcr each TOTAL AMOUNT BID ElT FIGURES: $ o0 TOTAL AMOUNT BID IN WORDS: Tw a x: c- 1):pivelille spr C-3S and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 6, QEQS in the amount of $ which said amount is not less than ten percent (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 Recelaed Bidder's re -5,- /.S - h-pipelinc.spc C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount I. 423 SY Remove and dispose of existing 6` thick A/C paving 1' wide x 3800' long x 1 SY 9 SF Dollars $ $ Cents Per square yard 2. 4 SY Remove and dispose of existing concrete sidewalk Dollars $ $ Cents Per square yard 3. 563 CY Excavate, backfill and compact 4' deep x 1' wide x 3800' long trench Dollars $ $ Cents Per cubic yard 4. 3800 LF Pipe bedding with borrowed sand ® Dollars $ $ Cents Per linear foot S. Lump Stem Contractor to provide all essential surveying and staking ® Dollars $ S Cents Per lump sum 6. Lump Sum Provide one set of Reproducable As -Built Mylars (� Dollars $ $ Cents Per lump sum b:p;nelire.snc C- I s LIST 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 of Work Name of Subcontractor and Address State License Number Class 3 c? By submission of this proposal, the Bidder certifies: 1. That he 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. b-nipetine.spc C-3 NONCOLLUSION 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 Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL bmipe(ine,spc C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as CIVIC CENTER OEL PIPELINE, (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 per and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, 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. IL :2:nAN a Contractor By i LA Title Date: � ,- )� i ._ q 3 b:pipefine.spc C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, zhe 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? Yes No y 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. b-pipe[ine_fic C-6 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 and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code 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. S-t N o Thu T c7N d, ~� Nt ontractor Y Title Date:. L+ —2-A ^�O _ b:pipeline.spc C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422.-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. b:pipeline spc C-8 04-20-93 04:39PM FROM P03 Civic Ce= oil Pipeline construction Project April 20, 1993 Page 2 All bidders shall acknowledge the receipt of this Addendum with their bid proposal. These revisions do not change the Fire Chief s "Fzdmate of the aid Opening DatelTime" for this project. Please sign and FAX (714-374-1551) a copy of this document to Richard Grunbsum, Deputy Fire Marshal, to acknowledge receipt of this Addendum. If you have any questions regarding this Addendum, please contact me at 714536-5411. $incareiy, Richard orunbaum Deputy Fine Marshal I have reviewed Addendum No. 2 dated April 20, 1993. It Is understood that these revisions shall be included in the bid documents. r Company:, •Cf �r�3A1 Date; 2 I {r Bid -I�Civic Center Oil Pipeline City If Huntington Beach City Clerk's Office 2000 fain Street Huntington Beach, CA 92648 f R Bids I0/22/93 at 2:OOPM I r r . t'I i �f I # tJ ACK4GE PAACKAGE 7 2 8 56 a- 8 5. y .. F QUESTIONS? CALL 80a238-535 OLL MFRrF*-" " r TRACKING NUMBER ., x....w,,...,.....wu .. Date)9611 RECIPIENTS COPY 7 From (Your Name) Please Print Your Phone Number (Very Important) To (Recipient's Name) Please Print Recipieni's,Phone Number (Very,lmportant) 63-4020 Company Department/Floor No. Company DeoartmantciorNO' Exact Street t Address (We Cannot Deliver to P 0. Boxes or P.O. Zip Codes. Street Address 44 "--"".-_-------- _.---- _ . City St Zip Required City State Z/PRequired YOUR INTERNAL Bit I ING RFFFRFNCF INFORMATION footional) !First 24 characters will aDDear on invoice.) hj IF HOLD FOR PICK-UP, Print FEDEX Address Here 91 lyilISender , 2 Cash/ , SERVICES (Check only one box) kl%'�& Address Recipient's FedEx Acct. No 3n Bill 3rd Parry FedEx'Acct. Nod yr. 4n Bill Credit Card City State (Dekvery Dy next buvness mgmangt) 11 ❑ PACKAGING (DO—y bynext busmessattemoon Nbsamr& debeeryry 51 11 16,FEDEX LETTER' PACKAGING 56 ❑ FEDEX LETTER' 12 ❑ FEDEX PAK- 52 ❑ FEDEX PAK' 13 ❑ FEDEX BOX 53 ❑ FEDEX BOX 14 FEDEX TUBE 54 ❑ FEDEX TUBE (Delmry Dy seeond buemess day t) I(Gesmned larautlmrued-'s Mly) 30 ❑ECONOMY' 46 Q GOER" * Economy Letter rate not wilahle GOVT Mmimumcharge. 41 n nr (`or packages over t5o "s ) 700OVERNIGHT TWO-DAY FREIGHT" 60 FREIGHT" (Conl-W reee M_ req xed) 1Del.1,commitmentmay, 'De larea value t.imd1 DELIVERYAND SPECIAL (Check services re, 1 HOLD FOR PICK-UP (Fill in Box H) 2 1�.QELIVER WEEKDAY 3 DELIVER SATURDAV(Exiracharge) � to' (Not amiable aq i—bans) 4 DANGEROUS GOODS (Extra charge) 5� 6 ❑DRY ICE Dangeraus Goods shippers Dectarahon not required 0ryIiA%Lf1lM5x - . kg 9D4 III 7 ❑ OTHER SPECIAL SERVICE B ❑ g SATURDAY PICK-UP (Extra charge) , 12❑HOLIDAYDELIVERY(Iroeered) y (Extra charge) PACKAGES; WEIGHT i YOUR DECLARED Emp. No. , InPaunds VALUf OnN !See rgn0 ❑ Cash Received ❑ Return Shipment ...... _;....."" _.. ".,._ .. ...- j1 Third Party t r --.. Total 'Total `Total DIM SHIPMENT (Chargeable weight) �..,�,_ ..___. ___..._._....___....._.: lbs. X X 10 Regular Stop 3 ❑ Drop Box aOBS.C. 2 ©'On -Call Stop 5 O SI City Received By: X Date . To Del. ❑ Chg. To Hold State Zip edEx Employee Number ired': t; x# ' Federal Express Use Base Charges Declared Value Charge Other 1- Other 2 Total Charges ' - REVISION DATE 11/92, PART #137204 FXEM 3/93 FORMAT #155 155 01992-93 FEDEX PRINTED It. USA. 1v U-Mvwmnv ulrtnnlonr Nesl business day s"we no' a Yay014 to att *t W., is OtiAlUNUAY UtUYERY Sermis ncl evadatt;e le all locations • Federal Express cannot deliver to PO boxes in the U S. or PO Zip Codes@ • Shipments to Puerto Rico and locations outside the 4, S require an Intornatlo-al Air Waybill As today's leader in overnight express delivery of documents, packages and freight, our door-to-door services are available to and from thousands of titles and communities worldwide, ill "are Limitation on Contents The maxer.um acceptable contents of a FEDEX® LETTER is thirty (30) 8 1(2' x t t' pages if the gross weigh; of the contents, envelope and airblil exceeds 112 pound, the next higher rate will apply Contents must be of a size and shape which fit the envelope and allow It to be securely sea!ed without damage. Cash or cash equivalent snould no' be shipped Items of high intrinsic value shm;ld not be shipped in FEDEX LETTER packaging 0 1992 hederal Express Corporawn 139756 rtev 12192 Fx F�DE]C" PRIORITY OVERNIGHT THU) will tr, W 21tf3 M 11'kf 728 6585 585 J LBA 92648-CA-US 8'/7 x I JLB Infor For mopoints Jrs commodities, international transit times or to oraer supplies, ^- contact your focal Federal Expiess office-* For U S customers shipping within the U.S , call toll free 800-238-5355 For U S. customers shipping worldwide, call our International Customer Service toll free 800-247-4747, "Services are provided as defined In the current FEDEX Servlre Guide {subject to change without notice}. Copies are available upon request. Declared ValueXiability Limitation The maximum declared va'ue allowed for FEDEX LETTER shlpmen.;s wl;hln the U S Is $500. For Inlernat•onal shipments by surface or air, the declared value for carriage and customs may not exceed U.S 5100 or $9.07 per pound, whichever ,s greater. For addilional Information on high `nirinsic value shiornents in the U S call 800-238-5355, and ask for "Special Services " The liability of Federal Express for loss, darnage, delay, misdel,vory or nondelivery Is limited to the sum of $100 unless a higher value Is declared and a greater charge pard The maximum declared value Is currently $500 for FEDEX LETTER shipments hems valued at more than $500 should not be shipped In ;his envelope for International shipments by surface or at,. the liability of Federal Fxpress for damage, delay or hiss may be ttmtted ay certain international treaties. Including the Warsaw Convention Please refer to the Federal Express Air Waybill or Airrrlll for more details