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-PLEASE COMPLETE THIS INFORMATION •
RECORDING REQUESTED BY:
CITY OF SEAL BEACH
Recorded in Official Records, County of Orange
/� Gary Granville, Clerk-Recorder
,�/ AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIlNO FEE
CITY OF SEAL BEACH 20010883613 11:43am 12105101
ATTN: CITY CLERK 109 73 R28 3
211 — 8th STREET 0.00 0.00 0.00 0.00 0.00 0.00 0-00 0.00
SEAL BEACH, CALIFORNIA
90740
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: RESOLUTION NUMBER 4947
SODIUM HYPOCHLORITE GENERATING SYSTEM
PROJECT 49819
f
tit
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION W �N 1
(Additional recording tee applies)
G 059-TITLE PAGE(R7/95)
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RESOLUTION NUMBER 4/9'/7
A RESOLUTION OF TILE CITY COUNCIL OF TILE CITY OF SEAL
BEACH DECLARING WORK TO BE COMPLETED AS TO PLANS AND
SPECIFICATIONS FOR PROJECT #49819 ON-SITE SODIUM
I IYPOC II LORITE GENERATION SYSTEM: BEVERLY MANOR
ENTERED INTO BETWEEN CLORTEC AND THE CITY OF SEAL
BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on November 14, 2000, the City of Seal Beach entered into a contract with
Clortec.
WHEREAS, the City Engineer has determined that the work has been substantially
completed in accordance with the contract documents.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach
as follows:
Section 1. That the work required to be performed by said Contractor has been
completed.
Section 2. That the total cost of said work is in the amount of$ 84,623.00. /
Section 3. That the work is hereby accepted and approved, see Exhibit "A"
attached hereto.
PASSED, APPROVED AND ADOPTED b the City Council of the City of Seal Beach
at a meeting thereof held on thecn.A day o , 2001 by the following vote:
AYES: Councilmembei m ,.G ,l / .l e , -e/Lr<_
/ /
NOES: Councilmembers
ABSENT: Councilmembers
ta dr()P -
Mayor
AT
ci
City. erk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH)
1, Joanne M. Yeo, City Clerk of Seal Beach, California do hereby certify that the foregoing
resolution is the original copy of Resolution Number# on tile in the office of the City
Clerk, passed, approved, and adopted by the Co null of the City of Seal Beach, at a
regular - 'ng thereof'eh! on thoga.tday o , 2001.
LL /L _ !
City CI"
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 gth Street
Seal Beach, CA 90740
Space of above this line for Recorder's us•.
***No Recording Fee Pursuant to Government Code Section 6103,27383 ****
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the
property hereinafter described:
2. The full name of the owner is: City of Seal Beach
3. The address of the owner is: City of Seal Beach, 211 8th Street, Seal Beach, CA 90740
4. The nature of the interest or estate of the owner is; In fee.The City of Seal Beach.
5. A work of improvement on the property hereinafter described as completed on 5/2001.The work was:
On—Site Sodium Hypochlorite Generation System: Beverly Manor, Project#49819.
6. The name of the contractor, if any, for such of improvement was Clortec.The date of the Contract was:
November 14,2000.
7. The property on which said work of improvement was completed in the City of Seal Beach,County of
Orange,State of California,and is described as follows: Beverly Manor Reservoir.
VERIFICATION
I,the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion; have
read said notice of completion and know the contents thereof;the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on to/16/ I ,2001 ,a ch alifo
(Date o Signature)
vector of Pu tc Work
EXHIBIT "A"
`- A- pufLl tc( eft:. 4,, -
4. oro/a r� ev o
° Sodiur,� 0chG
- 6 tea..-cif 19 1
BOOK II OF III
CONTRACT DOCUMENTS
DOCUMENTS TO SUBMIT UPON AWARD:
PUBLIC WORKS CONTRACT, PERFORMANCE BOND, PAYMENT BOND,
INDEMNIFICATION AND HOLD HARMLESS, LABOR LAW
REQUIREMENTS, ACKNOWLEDGEMENT OF LICENSE LAW,
WORKMEN'S COMPENSATION CERTIFICATE, ADDITIONAL INSURED
(COMPREHENSIVE, AUTO, EXCESS
FOR:
CLLRK S
ORIGIN L
SUPPLY AND INSTALLATION OF HYPOCHLORITE
GENERATION SYSTEMS
PROJECT # 8119
These Contract Documents are the exclusive property of the Agency and shall not be used in any manner
without prior consent of the Agency.Any reuse of these plans and specifications by Others shall be at s
Other's sole risk and without liability to the Agency.
CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740-6379cy.
;4s
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SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS
For SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS, in the City of
Seal Beach.
•r ID
THIS AGREEMENT, made and entered into this Z 7 day ofi ,', by and
between the City of Seal Beach, California, hereinafter referred to as the "CITY," Party of the First Part,
and
• )°,0/Mit C071.1'MOE S CO. Al#V IrG
hereinafter designated as the"CONTRACTOR,"Party of the Second Part.
WITNESSETH: That the Parties do hereto mutually agree as follows:
ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by said CITY, the CONTRACTOR agrees with said CITY to SUPPLY AND
INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS, and to perform and complete in a
good and workmanlike manner all the work pertaining thereto shown on the drawings and described in the
Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools,
equipment, labor and materials necessary therefore (except those materials expressly noted as to be
furnished by the CITY), and to do everything required by this Agreement and the said Specifications,
Drawings,and Contract Documents.
ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary
works or structures, tools and equipment and doing all the work contemplated and embraced in this
Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action
of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution
of the work until its acceptance by said CITY, and for all risks of every description connected with the
work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work;
except such as in the said Specifications are expressly stipulated to be borne by the said CITY and
faithfully completing the work and the whole thereof, in the manner shown and described in the said
Drawings, Specifications, and Contract Documents and in accordance with the requirements of the
Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the
unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal.
ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does
hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to for the price aforesaid,and hereby contracts to pay the same, at
the time,in the manner and upon the conditions set forth in the Specifications and Contract Documents,and
the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby
agree to the full performance of the covenants herein contained.
ARTICLE IV. The advertisement for Bids, the Proposal, the Specifications, and the Drawings mentioned
therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are
hereby incorporated in and made a part of this Agreement.
ARTICLE V. The statement of prevailing wages appearing in the General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract. It is further expressly
agreed by and between the parties hereto that should there be any conflict between the terms of this
instrument and the bid of proposal of said CONTRACTOR, then this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VI. By my signature hereunder,as CONTRACTOR,I certify that I am aware of the provisions
of Section 3700 of the Labor Code which require every employer to be insured against liability for
workmen'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.
IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year
first above written.
CITY OF SEAL BEACH,CA FO IA
Party of the,„„!
BY
4111 City Manager
ity ' lerk
BY
CONTRACTOR-Party of the Second Part
V 7. cooree_S
Title
l®77 Ara- AV (44Prnefit Ct, g
Address
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PAYMENT BOND
(LABOR AND MATERIALS) •
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded to Clortec, 3000 Advance Lane, Colmar,
PA 18915
(Name and address of Contractor)
("Principal"),a contract(the"Contract")for the work described as follows: On Site Chlorine
Generation
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure
the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law.
NOW,THEREFORE,we,the undersigned Principal, and American Home Assurance Company
70 Pine Street, New York, NY 10270
(Name and address of Surety)
("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and
firmly bound unto the Public Agency in the penal sum of Eighty-Five Thousand and 00/100
Dollars (S B5,000.00 ) this amount being not less than fifty percent
(50%) of the total contract price, in lawful money'of the United States of America. for the payment of
which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors.
and assigns,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his,her
or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code,or any 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 Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an
amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and
void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil
Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In
case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder.
or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change, extension of time,alteration,addition,or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849.
•
IN WITNESS WHEREOF, two(2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set
forth below, the name of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative(s)pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
Clortec American Home Assurance Company
By: ip"a 411W. ( 14.1e/t_ By: N/
Its VP �f' iNA^Ice Its torn y-I -Fact, rJt 1 Hertzberg
By: By: r
I� Its
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
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American Home Assurance Coney POWER OF ATTORNEY
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office 70 Pine Street,New York,N.Y. 10270 No.01-B-07870
KNOW ALL MEN BY THESE PRESENTS:
That American Homc Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation,does each hereby appoint
---Leslie L. Rttdat, Pamela L.Nunez,Christine A. Hartung, Elizabeth Hartzberg,Elena Zunic,Karen L.Jensen,
Marjorie A. Altcnuts: of Pittsburgh, Pennsylvania---
its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of
indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh,Pa.have each
executed these presents
w 4tIr this 24th day of April,2000.
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fir, � _ 4 j•
,.a�,a I Lawrence W..Caristrom, Senior Vice President
�
' National Union Fire Insurance Company of Pittsburgh,PA.
Vice President,American Home Assurance Company
STATE OF NEW YORK } /'
COUNTY OF NEW YORK }ss. / r
On this 24th day of April,2000 before me came the above 141411
named officer of American Home Assurance Company and National A
Union Fire Insurance Company of Pittsburgh, Pa., to me personally I TA •4
known to be the individual and officer described herein, and S t a t e N e w. lb C
acknowledged that he executed the foregoing instrument and affixed 02TA ""
the seals of said corporations thereto by authority of his office. Bronx County
�ht8 Feb.14,2002
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh,Pa.on May IS, 1976:
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond,undertaking. recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I. Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh,Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations.and the Powers of Attorney issued pursuant thereto,are
true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation
this day of
AL,
cltr.
at+ ‘Z lizabcth M.Tuck,Secretary
• 44)
65 166(4/99) •
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ACKNOWLEDGMENT FOR ANNEXED INSTRUMENT
STATE OF PENNSYLVANIA
COUNTY OF ALLEGHENY SS:
On thisZ‘ day of 2 before me personally came Siza eth Hartzbarg
did depose and say that she is an Attorney-in-Fact of American
who, being by me duly sworn,
Home Assurance Company and knows the corporate seal thereto; that the seal affixed to •
said annexed instrument is such corporate seal, and was thereto affixed by authority of the
Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that
she signed said Instrument as an Attorney-in-Fact of said Company by like authority.
My Commission Expires on Acknowledged and Sworn to
me on the date above written
July 8, 2002
t /lb 4
K. en L. Jens-n
■
Notarial
Karen L.Jensen, Public
Pittsburgh,Allegheny
My Corrunleslon Expires July B,
Mamba;Pennsylvania Association ar:Notaries`_
265109.1
. y
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Bond No. 20-84-90
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Seal Beach,has awarded Clortec, 3000 Advance Lane, Colmar,
PA 18915
(Name and address of Contractor)
("Principal"),a contract(the"Contract")for the work described as follows:
On Site Chlorine Generation
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW,THEREFORE,we.the undersigned principal,and American Home Assurance Company
70 Pine Street, New York, NY 10270
.(Name and address of Surety)
("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety,are held and
firmly bound unto the Public Agency in the penal sum of Eighty-Five Thousand and 00/100
Dollars (S85,000.00 ), this amount being not less than the total
contract price, in lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly
and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her
or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the
Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and
performed,all within the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and
others as therein provided,then this obligation shall become null and void;otherwise, it shall be and remain
in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all coin costs and reasonable attorneys'
fees in an amount fixed by the court.
FURTHER,the Surety,for value received,hereby stipulates and agrees that no change, extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,
or the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby
waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the
Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of
California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all
rights of a party hereto.IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each
of which shall for all purposcs be deemed an original hereof, have been duly executed by Principal and
9 .it ,..r •
Surety, on the date set forth below, the name of each corporate party being hereto affixed and these
presents duly signed by its undersigned representatives)pursuant to authority of its governing body.
Dated:
'Principal" •Surety"
Clortec American Home Assurance Company
By: .din2e1 . /4.614tre4,. By:
Its V f is/N/¢NC� its Attu rley-In—Fact, r! m:•401 Hertzberg
By: By:
Its Its
•
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-fact must be
attached.
'4 R
American Home Assurance Coiany
Executive Offices .
70 Pine Street
New York. NY 10270
FINANCIAL STATEMENT
as of DECEMBER 31,1999
Assets Liabilities
Bonds $ 4,901,132,968 Reserve for Losses and Loss Expense.. $ 5,239,812,734
Stocks............... 2,814,928,095 Reserve for Unearned Premiums 1,855,473,118
Collateral Loans - Reserve for Expenses,Taxes,
Cash&Short-Term Investments 42,684,644 Licenses and Fees 15,851,750
Agents'Balances or Uncollected Premiums.... 1,773,240,002 Provision for Reinsurance 354,910,500
Funds Held by Ceding Reinsurers 136,226,142 Funds Held Under Reinsurance
Reinsurance Recoverable on Loss Payments.. 814,305,674 Treaties 229,281,888
Equities&Deposits in Pools&Associations.. 166,715,800 Other Liabilities 89,118,289
Other Admitted Assets 783,961,366 Capital Stock 4,237,635
Surplus 3,644,508,777
TOTAL ASSETS $ 11,433,194,691 TOTAL POLICYHOLDERS'
SURPLUS 3,648,746,412
TOTAL LIABILITIES AND
POLICYHOLDERS'SURPLUS $ 11,433,194,691
Bonds and stocks are valued in accordance with the basis adopted by the National Association of Insurance
Commissioners. Securities carried at$1,033,570,052 in the above statement are deposited as required by law.
CERTIFICATE
ELIZABETH M. TUCK, Secretary and ROBERT J. BEIER, Comptroller of American Home Assurance Company being
duly sworn each for himself, deposes and says that they are above described officers of the said Company and that on
the 31st day of December, 1999, the Company actually possessed the assets set forth in the foregoing policyholders
and creditors, except as hereinbefore indicated, and that the foregoing statement is correct exhibit of such assets and
liabilities of said Company on the 31st day of December, 1999, according to the best of their information, knowledge and
belief #401"%k.
,.s
b„.1,,,eabbi&je_..73,06ike_t_ Comptroller
STATE OF NEW YORK } SS.:
COUNTY OF NEW YORK qq On this 30th Day of March,2000,before me came the above named
officers of American Home Assurance Company to me known to be the
individuals and officers described herein,and acknowledge that they ..i:RIAM '-executed the foregoing instrument and affixed the seal of said corporation Not::,:'.:biic,8ta:a .Nc.02TA6c.i.3:thereto by authority of their office. Qualified in Bronx
fAmrniasion Expires Feb.14,2002
31078(3/00)
American Home Assurance Com iy S POWER OF ATTORNEY
National Union Fire Insurance Company of Pittsburgh, Pa.
Principal Bond Office 70 Pine Street,New York,N.Y. 10270 No.0I-B-07870
KNOW ALL MEN BY THESE PRESENTS:
That American Home Assurance Company, a New York corporation, and National Union Firc Insurance Company of Pittsburgh, Pa., a
Pennsylvania corporation,does each hereby appoint
---Leslie L.Rudat,Pamela L.Nunez,Christine A.llartung,Elizabeth Hartzberg,Elena Zunic,Karen L.Jensen,
Marjorie A.Altentus: of Pittsburgh. Pennsylvania---
its true and lawful Attorney(s)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of
indemnity and writings obligatory in the nature thereof,issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa.have each
executed these presents •
03„u this 24th day of April,2000.x!!! '41e 4,,.0w0 ( Lawrence W.'Carlstrom,Senior Vice President
National Union Fire Insurance Company of Pittsburgh,PA.
Vice President,American Home Assurance Company
STATE OF NEW YORK } /�1
COUNTY OF NEWS'YORK }ss. / rr
On this 24th day of April,2000 before me came the above ,(j ,� (1 //(i
named officer of American Home Assurance Company and National
I
Union Fire Insurance Company of Pittsburgh, Pa., to me personally RIA�ATq. ••
known to be the individual and officer described herein, and ' e
A.o" .02'TA.. ,....
acknowledged that he executed the foregoing instrument and affixed
In Bronx County
the seals of said corporations thereto by authority of his office. 1t&OM Feb.14,2002
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh,Pa.on May 18, 1976:
"RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attorneys-in-Fact to represent and
act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature
thereof,and to attach thereto the corporate seal of the Company,in the transaction of its surety business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company when so affixed with respect to any bond, undertaking,recognizance or other contract of indemnity or writing obligatory in the
nature thereof;
"RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such
certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I, Elizabeth M.Tuck,Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa. do hereby certify
that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations,and the Powers of Attorney issued pursuant thereto,are
true and correct,and that both the Resolutions and the Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation
this day of
A? t go roe it; "le"�L. i
Ps"44be � �lizabcth M.Tuck,Secretary
05100(4/99)
ACKNOWLEDGMENT FOR ANNEXED INSTRUMENT
STATE OF PENNSYLVANIA .
COUNTY OF ALLEGHENY SS:
On thisa day ofediefiff Z�before me personally came Elizabeth tzberg
who, being by me duly sworn, did depose and say that she is an Attorney-in-Fact of American
Home -Assurance Company and knows the corporate seal thereto; that the seal affixed to
said annexed instrument is such corporate seal, and was thereto affixed by authority of the
Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that
she signed said Instrument as an Attorney-in-Fact of said Company by like authority.
My Commission Expires on Acknowledged and Sworn to
me on the date above written
. July 8, 2002
.1
'Ai I _%1 I . 44I, i
Ka en L. Jensen /
Notarial sea!
Karen L Jensen,Notary Public
Pittsburgh,Allegheny County
My Commission Expires July 8,
Member,Pennsylvania association of Nolanes
265109.1
Aug=119-2000 01:25pm From-SEDGWICKAIMS IAIGMT 2159632833 • T-709 P.010/016 F-819
•
WORKER'S COMPENSATION
cE1 T w1ICA 11 tli v1 PICig
VintligliMS,the CITY OF SEAL REACH has required certain insurance to be provided by
CAPITAL CONTROLS COMPANY, INC. (f/k/a Clortec)
l`lOW Tiffital001111.,the undersigned insurance company does hereby certify that It has issued the policy
or policies described below to the following usmed insureds and that the same ate in force et this time.
1. : This certificate is issued to: CITY OF SEAL BEACH, City Hall,211 EIGHTH ST T,SEAL
BEACH,CA 90740.6379.
Ca -tal Controls Com an
2. • The insureds under such policy or policies�: .� _ �? y, Inc. (f/k/a
Clortec)
•
3. ; Worlkor's Compensation Policy or Policies in a form approved by the Insurance Cotnatissioner of
California coveting all operations of the named insureds,as follows:
POLICY MASER EFFECTIVEDATE EXPIRATION DATE
WVA2800545 (AOS) 3/31/00 3/31/01
4, f Said policy or policies shall not be canceled,voided or reduced in coverage or!units of liability,
unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the
CITY OF SEAL B: ,C.:.
Eye /%� .' - 1 ..,./
Its Aadutrired Representative
!
•
•
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•
• ADDITIONAL INSURED IENDORSUIBNT
h O IIE>iizENSIVE GIgNIAL LIABILITY
;CAPITAL CONTROLS COMPANY, INC. f/k/a Clortec) 1077 Dell Ave.,
Nt{me and address of named insured("Named Insured"): Campbell, CA 95008
ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 Washington Street
Nan and address of Insurance Company("Company''): St. Paul, MN 55102-1396
SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS
Notwithstanding any tnoonsisteut statement in the policy to which this endorsement is attached
(tie"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1.: The City of Sea!Beach,its elected officials,officers,attorneys,agents,employees,and volunteers are
additional insureds (the above named additional insureds are hereafter referred to as the"Additional
Insureds') under the Policy in relation to those aodvides described generally above with regard to
, operations pertbrrnled by or on behalf of the Named Insured. The Additional Insureds have no liability
for the payment of any premiums or assessm®nl$under the Policy.
2. The insurance coverage's afforded the Additional Insureds under the Policy shall be pthtnary insurance,
: and no other insurance maintained by the Additional Insureds shall be celled upon to contribute with
she insurance coverage's provided by the Policy.
3.1 Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought enicept with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude Coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as thirdsarty
claims, i.e.. In the same manner as if separate policies had been issued to each insured. Nothing
I
contented in this provision shall operate to increase or replicate the Company's limits of liability as
provided under she policy. •
5.i The insurance worded by the Policy for contractual liability insurance (subject to the terms,
conditions end minims applicable to such insurance) includes liability assumed by the Blamed
insured under the indemnification and/or hold harmless provision(s) contained in or executed in
• conjunction with the written agreement(s)or pettnit(s)designated above,between the Warned Inured
and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to eanoalietion. change in
coverage,reduction of limits (except as the result of the payment of claims), or non'renewal except
after written notice so Public Agency, by certified mail,return receipt requested.not lass than shiny
(30)days prior to the effective date thereof. In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full force and effect until compliance
• with this notice requirement.
7.• Company hereby waives all rights of subrogation and contribution against the Additional Insureds,
• while acting within the scope of their duties.from all claims, losses and liabilities arising out of or
: incident to the perils insured against in relation to those activities described generally above with
• regard to operations performed by or on behalf of the Named Insured regardless of any prior.
coneuemttt,or subsequent active or passive negligence by the Additional Insureds.
9. It Is hereby agreed that the laws of the State of Celiforala shall apply to and govern the validity,
• caned action,interpramtion,and enforcement of this oonnact of insurance.
9.: NE endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Works
• City of Seal Beach
• 2118th Street •
•
Seal Beach CA 90740
•
•
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•
10. Except as stated above and not in conflict with this endorsement, nothing con&oinad herein shall be
held to waive,alter or extend any of the limits, agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OP COVERAGES TO WHICH POLICY PERIOD LXMrrS OF $1,000,000 Eagh .
T M ENDORSEMENT ATTACHUS FROM/TO 3/31/00-3/31/01 LIABILITY $2,000,000
General Liability Aggregate
14. Scheduled items or locations are to be identified on an attached sheet. The following inclusions
Mate to the above coverages. includes:
®!Coaamontetl ItSoslon Masud
®,OwnenpfLandlords/Tenants J Collapse Mull
0 Manufu /Conwastors X Underground Property Damage
IIKPinduots/Ckingdsoad Operations Cl Pollution Llabillty
S I Broad Potn Prop►Damage Cl Liquor Liability
Cl Extended Bodily Injury 0
Sl Broad Form Comprehensive 0
G• General Liability Endorsement 0
12. A 0 deductible or 0 self-insures retention (check one) of S __N/A
applies to all coverage(s)except:
Of none,so state). The deductible is applicable Cl per claim or Cl per occurrence(check •
one).
13. This is an Itt occurrence or 0 claims made policy(check one).
14. This endorsement is effective on 3/31/00 _ at 1201 A.M.and forms a pan
of.Policy Number IT06600928
WM. SAKHALK (print name),hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind
the Company to this eedotuotetu and that by my execution hereof,I do so bind the Company.
!aimed , 2000
,...1:91(
Signature of Authorized Representative
( ri i signature may;
signature or signature
i .
Phone No.: ( 215 ): 240-
I
•
•
Aug-.09-2000 01:25pm From-SEDGWIC (AIMS MNGMT 2159632833 T-709 P.013/016 F-819
A8DDMONA,I.DOMED ENDORSIEMENT
((� AUTONIO a E UA) XLI''9f
CAPITAL CONTROLS COMPANY, INC. f k a Clortec) 1077 Dell Ave. ,Campbell, CA
Name and address of named insured(-Named Insured"): 95008
ST. PAUL FIRE AND MARINE INSURANCE COMPANY 385 Washington St. , St. Paul, MN
Name and address of Insurance Company(''Company"): 5102-1396
SVPPLY AND INSTALLATION OF ilinfrocnoun GENERATION SYSTEMS
Notwithstanding any inconsistent statement In the policy to which this endorsement is attached
(the"Policy")or in any endorsement now or hereafter attached thereto,it Is agreed as follows:
The City of Seal Beach, its elected officials, officers. attorneys, agents. employees, and volunteers son
additional insureds (the above named additional Mends are hen after referred to as the "Additional
Iaeueods") under the Policy In relation to those activities described generally above with ragerd to
operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for
the payment of any premiums or assessments under the Policy.
1.1 The insurance coverage's afforded the Additional Insureds under the Policy shall be primary insurance,
and no other Insurance maintained by the Addidonal Insureds shall be called upon to oomribute with
the insurance coverage's provided by the Policy. •
2., Each insurance coverage under the Policy shall apply separately to each Additional Insured against
whom claim is made or suit is brought except with respect to the limits of the Company's liability.
3.; Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third-party
i claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
{ 4.'; The insurance afforded by the Policy for Contrsemal liability insurance (subject to the terms,
conditions and exclusions applicable to such Insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold hamlets provisions) contained or executed In
conjunction with the written agrecmcnt(s)or perrnit(s)designated above,between the Named Insured
and the Additional Insureds.
3: lice policy to which this endorsement is attached shall nor be subject to cancellation, change in
coverage.reduction of limits (except as the moult of the payment of claims), or non.vonewal except •
• after written notice to Public Agency, by certified mail,return receipt requested,not less than thirty
(30)days prior to the effective date thereto, In the event of Company's failure to comply with this
notice provision,the policy as initially drafted will continue in full forte and effect until compliance
with this notice requirement.
6 Company hereby waives all tights of subrogation and contribution against the Addidonai Insureds,
while acting within the s®ope of their duties, from all claims. losses and liabilities arising out of or
*Want to the petits insured against in relation to those activities described generally above with
rgerd to operations performed by or on behalf of the Named Insured regardless of any prior,
coneutnent,or subsequent active or passive negligence by the Additional Insureds.
It{Is hereby agreed that the laws of the State of California shall apply to and govern the validity,
consmuction.inteipreration,and enforcement of this contrast of insurance.
This endorsement and all notices given hereunder shall be sent to Public Agency at:
Director of Public Wants
City of Seal Beach
211 Brit Street
Seal Beach CA 90740
•
,_ .r Au&-9.9-2000 01:26pm From-SEDGWICItNIMS MGM! 2159632833 • 1-709 P.014/016 F-819
7. Except as stated above end not in conflict with this endorsement, nothing contained
herein shall be held to waive,altar or extend any of the limits,agreements,or exclusions of the policy to
which this endorsement is attached.
TYPEOFCOVERA � WI1CH Auto Liability POLICY PERIOD 3/31/'00-3/31/01 OF
THIS ENDORSEMENT ATTACHES FROM/TO
LIABILITY $1,000,000 Combined
' Single Limit
•
Scheduled Items or locations am to be Identified on an attached sheet. The following inclusions
relate to the above coverages. Includes:
IX Any Automobiles 0 i uckers Coverage
0 All Owned Automobiles 0 Motor Carrier Act
0 Non-owned Automobiles 0 Bus Regulatory Reform Act
0 Hired Automobiles 0 Public Livery Coverage
0 Scheduled Automobiles C
p Garage Coverage ® Coll. Ded. $500
1.1. A2) deductible or 0 self-insured retention(check one) of$ Com Ded. 250 lies to all
eovet'age(s)except:
(if none,so state). The deductible is applicable 0 per claim or 0 per occurrence(check one).
12. This is an iiiccunence or C claims made policy(check one).
3. This endorsement is effective on 3/31/00 at 12.01 A.N .�
R_ and Crime . v .a
Policy Number IT06600928 (A0S) __,
• I, MARTIN SAM:MIg (print name),
hereby declare under penalty of*my under the laws of the State of California.that I have the edt)torlty to
bind the Company to this endorsement and that by my execution hereof,I do so bend the Company.
Executed•^ N(VIVIBER 8
fia.":"./L410,k
cure of Authotiaed Representative
tOrienal sl.,4141 atom wain Imo face -late Agnatere or witted signature
all)
Phone No.: (215 ) 2GF_1 f)J)
•
•
•
I ;
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ADDITIONAL.INSUItt.D 211XDORSEMENT
EXCESS I.IAIMLI'll
CAPITAL CONTROLS COMPANY, INC. (f/k/a Clortec) 1077 Dell Ave-., Campbell, CA
Name and address of named insured("Named Insured"): 95008
St. Paul Fire and Marine Insurance Company 385 Washington St. , St. Paul, MN
Name and address of Insurance Company('Company"): —.55102-13 9 6
SOPPILY Alm HNSTALILATIION OF IrirPocmcount 0SS1I AT1ION SYSTEM
Notwithstanding any Inconsistent statement in the policy to which this endorsement is attached
(the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows:
1. The City of Seal Seach,its elected officials, officers,attorneys. agents,employees,and
volunteers are additional insureds (die above named additional insureds are hereafter re tined to as the
"Additional insureds")under the Policy in relation to those a®tivitics described generally above with regard
to&operations perforated by or on behalf of Named Insured. The Additional Wands have no liability
fo'the payment of any premiums or assessments under the Policy.
2. The insurance coverage's afforded the Additional Insureds under the Policy shall be
pramary insurance,and no other Insurance maintained by the Additional Insureds shall be celled upon to
et nnibdm with the insurance coverage's provided by the Policy.
3. Each insurance coverage under the Polley shall apply separately to each Additional
Wend against whom claim Is made or suit is brought except with respect to the limits of the Company's
liability.
4. Homing In this contract of insurance shall be construed to preclude coverage of a claim
' by one insured under the policy against another insured under the policy. All such claims shall covered as
ddrd-patty claims.i.e.,in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as
provided under the policy.
I 5, The insurance afforded by the Policy for contractual liability insurance (subject to the
teirals.candidata and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the lndeotnlflea-lion and/or hold harmless provision(s) contained in or enecuted in
canjuncdai whit the written agreement(s)or paemit(s)designated above,between the Named Insured and
the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to ounoallation,
change in coverage, reduction of limits (encept as the result of the payment of claims), or non-renewal
gCCpt after wit=notice to Public Agency.by certified mail,return receipt requested,not less than dtiny
0)days prlar to the effective fete thereto. In the event of Company's faille to comply with this notice
*vision, die policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
1 7. Company l eby waives all rights of subs getion and contribution against the Additional
%risurads,while acting within the scope of theiY duties,from all claims,losses end liubilides wising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
otaeeadons performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by die Additional Insureds.
I U. tt is hereby agreed that the laws of the State of California shall apply to and govern the
validity,construction,introratadlon,and enforcement of this contract of insurance.
•
•
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9. This endorsement and all notices given hereunder shall be sent to Public Agency at;
Director of Public Works
City of Seal Beach
f i 211 Sth Suet
Seal each CA 90740
10. &cep as stated above raid not in conflict with this endorsement, nothing contained
herein shall be held to waive,alter or extend any of the limits,agreemeIIES,or ettclusionS
of the policy to which this endorsement is wretched.
Tim.OP COVERAGES TO WHICH Umbrella Liability POLICY PERIOD
Man OP
Th1SENDOIS 'A7'ACHES FROWI'O 3/31/00-3/31/01
•
UAM1.8T'Y $10,000,000 Each Dcc.
$10,000,000 Aggregate
0 Following Form
Cl;Umbrella Liability
0
!! 10. Applicable underlying coverage's:
INSURANCE COMPANY St. Paul Fire & Marine POLICY NO.
AMOUNT Insurance Company TI06600928
11. The following inclusions,exclusions,moutons Or specific previsions relate to the above
coverages:
12. A 0 deductible or 14el t osured retention(cheep oche)of S $10,000 (SIR)
srlll s to all correrage(s)except
(if none,a4 state). The deductible is applicable 0 per claim or:1 per occutnnce(check one).
13. This is an 03" tic tr'ethce oar CI claims made policy(cheek one).
I 14. This endorsement is effective on X31/00- . at 12:01 A.M.and Potrtta a
plait of Polley Number IT06600928
1 Same ►')...I k, (print name), hereby declaim
leader penalty of perjury under the laws of the State of California,that 1 have the sathot4ty to bind the
Company to this endureewtent and that by my e>tecudon hcresf,I do so bind the Company.
lliaeonted NCNIEMER 8 — ,'1$ 2000 .�
�grhatura of Authorized l&epreeen ve
E/ripi ma StalgaliBre olAy; UPS *,w i tn-fle 5511,„natMlrca or Wag i:auvitere
at jpt)
Phone No.: (215 ) 24)-11:00
I 'w
fY
American Home Assurance Coeany •
Executive Offices .
70 Pine Street
New York, NY 10270
FINANCIAL STATEMENT
as of DECEMBER 31,1999
Assets Liabilities
Bonds $ 4,901,132,968 Reserve for Losses and Loss Expense.. $ 5,239,812,734
Stocks 2,814,928,095 Reserve for Unearned Premiums.......... 1,855,473,118
Collateral Loans - Reserve for Expenses,Taxes,
Cash&Short-Term Investments 42,684,644 Licenses and Fees 15,851,750
Agents'Balances or Uncollected Premiums.... 1,773,240,002 Provision for Reinsurance 354,910,500
Funds Held by Ceding Reinsurers 136,226,142 Funds Held Under Reinsurance
Reinsurance Recoverable on Loss Payments.. 814,305,674 Treaties 229,281,888
Equities&Deposits in Pools&Associations.. 166,715,800 Other Liabilities 89,118,289
Other Admitted Assets 783,961,366 Capital Stock 4,237,635
Surplus.............................. 3,644,508,777
TOTAL ASSETS $ 11,433,194,691 TOTAL POLICYHOLDERS'
SURPLUS 3,648,746,412
TOTAL LIABILITIES AND
POLICYHOLDERS'SURPLUS $ 11,433,194,691
Bonds and stocks are valued in accordance with the basis adopted by the National Association of Insurance
Commissioners. Securities carried at$1,033,570,052 in the above statement are deposited as required by law.
CERTIFICATE
ELIZABETH M. TUCK, Secretary and ROBERT J. BEIER, Comptroller of American Home Assurance Company being
duly sworn each for himself, deposes and says that they are above described officers of the said Company and that on
the 31st day of December, 1999, the Company actually possessed the assets set forth in the foregoing policyholders
and creditors, except as hereinbefore indicated, and that the foregoing statement is correct exhibit of such assets and
liabilities of said Company on the 31st day of December, 1999, according to the best of their information, knowledge and
belief respectively. ,,,1
e,(.7:30.).R.4.....7}Igirkitt Comptroller
STATE OF NEW YORK } SS.:
COUNTY OF NEW YORK q On this 30`'Day of March,2000,before me came the above named officers of American Home Assurance Company to me known to be the ,,R(AM T_individuals and officers described herein,and acknowledge that they executed the foregoing instrument and affixed the seal of said corporation No ay::biic,Sra:: .No.02TMCL-Bthereto by authority of their office. Qualfied in Bronx
Cqn mission Expires Fab.14,2002
31078(3/00)
..
r 411 •
BOOK 111 OF 111
CONTRACT DOCUMENTS
GENERAL AND SPECIAL PROVISIONS, APPENDIX
FOR:
SUPPLY AND INSTALLATION OF HYPOCHLORITE
GENERATION SYSTEMS
PROJECT # 819
These Contract Documents are the exclusive property of the Agency and shall not be used in any manner
without prior consent of the Agency. Any reuse of these plans and specifications by Others shall be at
Other's sole risk and without liability to the Agency.
CITY OF SEAL BEACH - 211 EIGHTH STREET -SEAL BEACH, CA 90740 -6379.
• •
GENERAL AND SPECIAL PROVISIONS
100 GENERAL PROVISIONS: STANDARD calendar days from the date written notice of the
SPECIFICATIONS The General Provisions which award is mailed to bidder. No bid proposal shall be
shall apply to this contract shall be the applicable considered binding upon the City until such time as a
portions of the Standard Specifications for Public contract has been executed by the City.
Works Construction, 1994 edition, published by 201.1.3 CONTRACT BONDS. The successful
Building News, Inc., 3055 Overland Avenue, Los bidder shall furnish to the City at its own expense the
Angeles, California 90034, and any supplements or following two surety bonds, in forms satisfactory to
amendments thereto, referred to herein as the the City Attorney, issued by a company authorized to
"Standard Specifications," except as modified by the issue such bonds in the State of California. Each such
Special Provisions set forth below. The Standard bond shall be in the amount of 100% of the contract
Specifications are by this reference made a part price, one bond being conditioned upon the faithful
hereof as though set forth at length, except to the
extent they conflict with the Special Provisions. performance of the contract work and the other upon
payment of those supplying labor and materials as
The Contractor is required to comply with the required by Civil Code Section 3247 et seq. Each
Standard Specifications in addition to the bond shall be executed in accordance with the
requirements set forth in the Special Provisions, the Instructions For Execution of Instruments set forth in
Plans, specific project provisions and the other the proposal section and each bond shall be executed
contract documents. In case of conflict between the by a California admitted surety insurer, and shall be
Standard Specifications and the Special Provisions as subject to disapproval by the Director of Public
set forth herein, the Special Provisions shall take Works or City Attorney.
precedence over and be used in lieu of the conflicting
provision(s). "Specifications" as used in the contract If the Surety on any Bond furnished by the
documents refers to the Standard Specifications as Contractor is declared a bankrupt or becomes
well as the Special Provisions. insolvent or its right to do business is terminated in
California, the Contractor shall within 7 days
200 GENERAL PROVISIONS: SPECIAL thereafter substitute another Bond and Surety, which
PROVISIONS must be acceptable to the City.
201 SPECIAL PROVISIONS APPLICABLE TO 201.1.4 INSURANCE. The Contractor shall at all
ALL CONTRACTS times during the term of this Contract, carry,
201.1 AWARD OF BID AND EXECUTION OF maintain and keep in full force and effect, a policy or
CONTRACT policies of comprehensive public liability insurance
in which the City is the named insured or is named as
201.1.1 DECISION AS TO WHICH an additional insured with the Contractor in
CONTRACTOR IS THE LOWEST accordance with Section 7 -3 of the Standard
RESPONSIBLE BIDDER. All bidders must submit Specifications. The insurance company issuing such
with their proposals satisfactory evidence that they policy(ies) must be acceptable to, and approved by,
are capable of performing the work in accordance the Director of Public Works and City Attorney, with
with Plans and Specifications. The Director of Public minimum limits of no less than One Million Dollars
Works may require any bidder bidding on any public ($1,000,000.00) combined single limit coverage per
improvement to submit experience records covering a occurrence for personal injury or death and/or
three -year period. The City may reject the bid of any property loss or damage which may arise from or
bidder who has been delinquent or unfaithful in the relate directly or indirectly to the performance of the
performance of previous contract work as discussed Contractor and/or its subcontractors. Contractor shall
in section 201.1.6. The City's decision shall be final also provide an endorsement in substantially the form
and binding upon all parties. set forth in the contract section attached hereto.
201.1.2 EXECUTION OF THE CONTRACT. The Contractor shall also at all times during the term of
Contract shall be executed by the successful bidder in this contract carry, maintain and keep in full force
accordance with the Instructions for Execution of and effect a policy or policies of Workers
Compensation insurance and shall provide to the City
Instruments, and returned to the City for execution, evidence of such coverage in the form set forth
and shall be accompanied by bonds as described in herein.
section 201.1.3 below and evidence of insurance as
described in section 201.1.4 below, all within 15
• •
The insurance provided by the Contractor hereunder Contractor, at any time on request, shall satisfy the
shall be licensed to do business in the state of City that the Social Security and withholding taxes
California, with companies with a Best' s Financial are being properly reported and paid.
Rating of XI or better, and with companies with 201.2.3 PREVAILING WAGES. In accordance
Best's General Policy Policyholders Rating of not
less than B, except that in case of Worker's with the provisions of Labor Code Section 1770 et
Compensation Insurance, participation in the State seq., the Director of the State Department of
Fund, where applicable, is acceptable. Industrial Relations has ascertained the general
prevailing rate of wages applicable to the work to be
In case of the breach of any provision of this section, done under a contract for public improvement. The
the City may, at the Director of Public Works's Contractor and all subcontractors will be required to
option, take out and maintain at the expense of the pay to all those employed on the project sums not
Contractor, such insurance in the name of the less than the sums set forth in the documents entitled
Contractor, or subcontractor, as the Director of Public "General Prevailing Wage Determination made by
Works may deem proper and may deduct the cost of the Director of Industrial Relations pursuant to
taking out and maintaining such insurance from any California Labor Code Part 7, Chapter 1, Article 2,
sums which may be found or become due the Sections 1770, 1773, 1773.1 and 1776."
Contractor under this Contract. A copy of the above - described documents is on file
201.1.5 COMPLIANCE WITH PROVISIONS OF and may be inspected in the office of the Director of
THE PUBLIC CONTRACT CODE. The Contract Public Works. The Contractor shall post a copy of the
shall conform with the provisions of Sections 4101 prevailing wage rates at each job site.
through 4113, inclusive, of the Public Contract 201.2.4 LABOR SECTION PENALTIES. The
Code, as amended, concerning subcontractors and Contractor shall comply with Labor Code Section
subcontracts.
1775 and shall forfeit to the City a penalty in an
201.1.6 REJECTION OF BIDS. Bid proposals may amount, to be determined by the Labor
be rejected by the City where, upon evidence of a Commissioner pursuant to the cited section, of not
prior performance of the bidder, the City makes a more than fifty dollars ($50) per worker, for each
finding that the bidder is not a responsible contractor calendar day or portion thereof during which the
because of unsatisfactory performance within the past Contractor or any subcontractor under him has paid
three years with the City or other public entities. The to any worker employed in the project an amount less
City reserves the right to reject any or all bids and to than that required by the provisions of section
waive any irregularity or informality in any bid to the 201.2.3 hereinabove.
extent permitted by law. 201.2.5 WORKING HOURS. Pursuant to Labor
201.2 SPECIAL PROVISIONS: LEGAL Code Section 1813, the Contractor shall forfeit as a
RELATIONS AND RESPONSIBILITY TO THE penalty to the City the sum of twenty -five ($25.00)
CITY dollars for each workman employed in the execution
201.2.1 LAWS TO BE OBSERVED. The of the Contract by him or by any subcontractor under
Contractor shall keep himself fully informed of all him for each calendar day during which such worker
existing and pending state and federal laws, all is required or permitted to work more than eight (8)
municipal ordinances and regulations, and all orders hours in any one calendar day and forty (40) hours in
and decrees of bodies or tribunals having jurisdiction any one calendar week, in violation of Labor Code
or authority over the work which in any manner Section 1810 et seq.
affect those employed in the work or the material 201.2.6 APPRENTICES. The Contractor or any
used in the work, or which in any way affect the subcontractor under him shall comply with the
conduct of the work. The Contractor shall requirements of Labor Code Sections 1777.5 and
particularly observe all ordinances of the City in 1777.6 in the employment of apprentices. Willful
relation to the obstruction of streets or conduct of the failure to do so shall subject the Contractor and/or
work, keeping open passageways and protecting the subcontractor to the penalties described in Labor
same where they are exposed or dangerous to traffic. Code Section 1777.7.
201.2.2 SOCIAL SECURITY REQUIREMENTS. Information relative to apprenticeship standards and
The Contractor shall furnish to the City satisfactory administration of the apprenticeship program may be
evidence that he and all subcontractors working for obtained from the Department of Industrial Relations,
him are complying with all requirements of the San Francisco, California, or from the Division of
federal and state Social Security legislation. The Apprenticeship Standards and its branch offices.
L 1
•
201.2.7 REGISTRATION OF CONTRACTORS. 201.2.12 CONTRACTOR'S RESPONSIBILITY
At the time of the award of the Contract, the FOR WORK. Until the final acceptance of the work
successful bidder shall possess a valid contractor's by the City, by written action of the Director of
license, and shall comply with any applicable City Public Works, the Contractor shall have the charge
requirements concerning Contractor qualifications. and care thereof and shall bear the risk of injury or
Submission of a bid by one without a license subjects damage to any part of the work by the action of the
the bidder to civil penalties pursuant to Business and elements or any other cause. The Contractor shall
Professions Code Section 7028.15. rebuild, repair, restore and make good all injuries or
201.2.8 PERMITS AND LICENSES. The damages to any portion of the work occasioned by
Contractor shall procure all permits and licenses, any cause before its completion and acceptance and
(including Seal Beach business license), pay all shall bear the expense thereof, except for such
charges and fees and give all notices necessary and injuries or damages arising solely from the
incidental to the due and lawful prosecution of the negligence or willful misconduct of the City, its
work. officers, agents or employees. In the case of
suspension of work for any cause whatever, the
201.2.9 PATENTS. The Contractor shall assume all Contractor shall be responsible for all materials and
responsibility arising from the use of any patented, or the protection of work already completed and shall
allegedly patented materials, equipment, devices or properly store and protect them if necessary and shall
processes used on or incorporated in the work, and provide suitable drainage and erect temporary
shall defend, indemnify, and hold harmless the City, structures where necessary.
and each of its officers, agents, and employees from 201.2.13 MAINTENANCE AND GUARANTEE.
and against any and all liabilities, demands, claims,
damages, losses, costs, and expenses, of whatsoever 201.2.13.1 The Contractor hereby guarantees that the
kind or nature, arising from such use. entire work constructed by him under the contract
201.2.10 INDEMNITY. The Contractor agrees to will meet fully all requirements as to quality of
defend, indemnify, and save harmless the City, and workmanship and materials. The Contractor hereby
agrees to make at his own expense any repairs or
each of its officers, officials, volunteers, agents, replacements made necessary by defects in materials
attorneys, and employees (including but not limited or workmanship that become evident within one year
to the firm, its officers) who are providing services to after the date of the final payment, and to restore to
the City, from and against any and all liability or
full compliance with the requirements of the Plans,
financial loss of any kind resulting from any suits, Specifications and other contract documents,
claims, losses or actions brought against, and from all including any test requirements set forth for any part
costs and expenses of litigation brought against, City, of the work constructed hereunder, any work which
and any member thereof, and any officer, official, during said one -year period is found to be deficient
volunteer, employee, attorneys, or agent (including with respect to any of such provisions. The
the firm, its officers) of City which results, in whole Contractor shall make all repairs and replacements
or in part, directly or indirectly, from any act or promptly upon receipt of written orders for the same
omission of Contractor or any subcontractor, or an from the Director of Public Works. If the Contractor
officer, employee or agent of either, or anyone for fails to make such repairs and replacements as
whose acts any of these may be liable, while engaged required hereunder, the Contractor and his sureties
in the performance of this Contract, except where shall be liable to the City for the cost thereof.
such liability or loss is caused solely by negligence or
willful misconduct of the City. 201.2.13.2 The guarantees and agreements set forth
201.2.11 NOTICE. The address given in the in 201.2.13.1 of this section shall be secured by a
Contractor's bid proposal is the place to which all surety bond which shall be delivered by the
notices to the Contractor shall be mailed or delivered. Contractor to the City before the Notice of
The mailing to or delivering at such address of any Completion and acceptance of the work by the
notice shall be deemed sufficient service thereof upon Director of Public Works as provided in Subsection
the Contractor, and the date of that service shall be 6 -8 of the Standard Specifications. Said bond shall be
the date of such mailing or delivery. Such address in the form approved by the City Attorney and
may be changed at any time by written notice signed executed by a surety company or companies
by the Contractor and delivered to the Director of satisfactory to the City, in the amount of 100% of the
Public Works. Contract. Such bond shall remain in force for a
period of one year after the date of Notice of
Completion and acceptance. Alternatively, the
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Contractor may provide for the Faithful Performance transfer nor sublet any part of the work except with
Bond furnished under the Contract to remain in force the written consent of the City by the Director of
and effect for said amount until the expiration of said Public Works and of the surety of the Contractor's
one -year period. bond, in accordance with Public Contract Code
201.3 SPECIAL PROVISIONS: PROSECUTION section 4107 et seq., and the consent of the Surety,
AND PROGRESS OF THE WORK together with a copy of the subcontract, shall be filed
with the Director of Public Works. No assignment,
201.3.1 WORK SCHEDULE. As soon as notified of transfer or subletting, even though consented to, shall
the award of the Contract, the Contractor shall relieve the Contractor of his liabilities under the
prepare and submit to the Director of Public Works a Contract. Subcontractors shall not be recognized as
work schedule for accomplishing the work within 5 such, and all persons engaged in the project will be
Calendar Days. Said schedule must show the dates of considered as employees of the Contractor, their
the expected start and completion of the various work being subject to the provisions of the Plans, the
items of the Contract work. The construction Specifications and other contract documents. Should
schedule shall be in the form of a Gant/Bar Chart and any subcontractor fail to perform the work
a Critical Path Method schedule and both shall be in undertaken by him to the satisfaction of the Director
sufficient detail to show the chronological of Public Works, said subcontractor shall be removed
relationship of all activities of the project including, immediately from the project upon request by the
but not limited to, estimated starting and completion Director of Public Works, and shall not again be
dates of various activities, scheduling of equipment, employed on the work, and the Contractor shall be
procurement of materials. The construction schedule held liable for the deficient work.
shall reflect completion of all work under the The Contractor shall submit to the City a list with the
Contract within the specified time and in accordance names, addresses and telephone numbers of all
with the contract documents. The City will accept the subcontractors who will work under him on the
schedule for the limited purposes such as payment project prior to commencement of the work. The list
application evaluation, scheduling performance may be amended from time to time as long as no
evaluation. Said acceptance does not relieve the subcontractor is added to the list without the prior
Contractor of its responsibility for scheduling, consult of the City. No work may be performed by
sequencing, and pursuing work to comply with the subcontractors that is not on the list.
requirements of the Contract Documents.
The Contractor must submit deliver a schedule 201.3.3 LABOR, MATERIALS, AND
update to the Director of Public Works with each EQUIPMENT: The Contractor shall provide
monthly payment application. No payment will be competent, suitably qualified personnel to survey and
made to the Contractor unless said schedule is lay out the Work and perform construction as
submitted and accepted by the City. required by the Contract Documents. The Contractor
shall at all times maintain good discipline and order
During a scheduling conference between the at the site. Any overseer, superintendent, laborer or
Contractor and the Director of Public Works, the other person employed on the work by the Contractor
work schedule will be discussed and modified, if who is intemperate, incompetent, troublesome or
necessary, by mutual agreement. Should it become otherwise undesirable, or who fails or refuses to
necessary for the City to delay temporarily the work perform the work in the manner specified herein,
schedule agreed upon during the scheduling shall be discharged immediately and such person
conference, every effort will be made to permit a new shall not again be employed on the work.
work schedule at the time most convenient to the Except in connection with the safety or protection of
Contractor, thus permitting the project to proceed persons or the Work or property at the site or
with the shortest intramural movement of the adjacent thereto, and except as otherwise indicated in
equipment. the Contract Documents, all Work at the site shall be
201.3.1.1 HOLIDAYS: The Contractor shall not performed during regular working hours, and the
schedule any work during any day for which the City Contractor will not permit overtime work or
is closed for business unless prior written approval is performance of Work on Saturday, Sunday, or any
obtained from the Director of Public Works. legal holiday without the Director of Public Works
201.3.2 SUBLETTING AND ASSIGNMENT. The written consent given after prior written notice from
Contractor shall give his personal attention to the the Contractor. If the Contractor performs any work
fulfillment of the Contract and shall keep the work after regular working hours, or on Saturday, Sunday,
under his control. The Contractor shall not assign,
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or any legal holiday, it shall pay the City as a result The Contractor shall designate in writing and keep on
of such work. the work at all times during its process a competent,
Except as otherwise provided in this Article, the full -time, reliable, technically qualified, English
Contractor shall receive no additional compensation speaking superintendent, who shall not be replaced
for overtime work, i.e., work in excess of 8 hours in without written notice to the Director of Public
any one calendar day or 40 hours in any one calendar Works except under extraordinary circumstances.
day week, even though such overtime work may be Under extraordinary circumstances and in the
required under emergency conditions and may be absence of the superintendent from the site of the
project, even if such is only of a temporary duration,
ordered by the Director of Public Works in writing. the Contractor must provide and leave at the site a
Additional compensation will be paid to the competent and reliable English - speaking agent or
Contractor for overtime work only in the event that foreman in charge. The superintendent shall be the
extra work is ordered by the Director of Public Contractor' s representative at the site and shall have
Works, and the Change Order specifically authorizes authority to act on behalf of the Contractor. All
the use of overtime work of overtime work and then notices, communications, orders or instructions
only to such extent as overtime wages are regularly given, sent to, or served upon the superintendent or
being paid by Contractor for overtime work of a temporary agent shall be as binding as if given to the
similar nature in the same locality. Contractor. The Contractor shall issue all its
All costs of inspection and testing performed by the communications to or through the Director of Public
Director of Public Works or its authorized Works.
representative before 7:00 AM or after 4:00 PM on The Contractor's superintendent shall be present at
any regular working day, or all day on Saturday, the site of the Work at all times while work is in
Sunday, or any legal holidays by the Contractor progress. Failure to observe this requirement shall be
which is allowed for the convenience of the considered as suspension of the Work by the
Contractor shall be borne by the Contractor at the Contractor until such time as such superintendent is
City's standard overtime rates. The Director of Public again present at the site.
Works shall have the authority to deduct the cost of
all such inspection and testing from any partial 201.3.5 TEMPORARY STOPPAGE OF
payments otherwise due the Contractor. CONSTRUCTION ACTIVITIES. The Director of
Unless otherwise specified in the Contract Public Works shall have the authority to suspend the
Documents, the Contractor shall furnish and assume Contract work, wholly or in part, for such a period of
time as he may deem necessary, due to unsuitable
full responsibility for all materials, equipment, labor, weather or to such other conditions as he considers
transportation, construction equipment and unfavorable for the proper prosecution of the work,
machinery, tools, appliances, fuel, power, light, heat, or for such time as he may deem necessary due to
telephone, water, sanitary facilities, and incidentals failure on the part of the Contractor or his workmen
necessary for the furnishing, performance, testing, to carry out orders or to perform any of the
start-up, and completion of the Work. requirements of the Contract. The Contractor shall
201.3.4 SUPERVISION AND immediately comply with such an order from the
SUPERINTENDENCE: The Contractor shall Director of Public Works and shall not resume
supervise and direct the Work competently and operations until so ordered in writing.
efficiently, devoting such attention thereto and 201.3.6 TIME OF COMPLETION AND
applying such skills and expertise as may be LIQUIDATED DAMAGES. The Contract time may
necessary to perform the Work in accordance with only be changed by a Change Order. Any claim for
the Contract Documents. The Contractor shall be extension or shortening of the Contract time shall be
solely responsible for the means, methods, based on written notice delivered to the Director of
techniques, sequences and procedures of Public Works promptly (but in no event later than 30
construction, but the Contractor shall not be days) after the occurrence of the event giving rise to
responsible for negligence of others in the design or the claim and stating the general nature of the claim.
selection of a specific means, method, technique, Notice of the extent of the claim with supporting data
sequence or procedure of construction which is shall be delivered within 10 days after such
indicated in and required by the Contract Documents. occurrence (unless the Director of Public Works
The Contractor shall be responsible to see that the allows an additional period of time to ascertain more
finished work complies accurately with the Contract accurate data in support of the claim) and shall be
Documents. accompanied by claimant's written statement that the
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adjustment claimed is the entire adjustment to which the Contractor or subcontractors, floods, or
the claimant has reason to believe it is entitled as a earthquakes, a state of war or emergencies, or by
result of the occurrence of said event. All claims for delays of subcontractors due to such causes, provided
adjustment in the Contract Time shall be determined that the Contractor shall, within 10 days from the
by the Director of Public Works. No claim for an beginning of such delay, notify the City, in writing,
adjustment in Contract Time will be valid if not of the cause of the delay. The City will ascertain the
submitted in accordance with the requirements of this facts and the extent of the delay, and its finding
article. thereon shall be final and conclusive. If the City
The Contract Time will be extended in amount equal deems it appropriate to assess the Contractor
to time lost on the critical path due to delays beyond liquidated damages for failure to timely complete the
the control of the Contractor if a claim is made project or a portion thereof, such damages shall be as
therefor as provided in section 201.3.6. Such delays specified in the Special Provisions of these Contract
shall include acts by the Owner, acts of God, fire not Documents.
due to acts of the Contractor or subcontractors, All time limits stated in the Contract Documents are
floods, or earthquakes, a state of war or emergencies, the essence of the Agreement.
or by delays of subcontractors due to such causes. 201.3.7 SUSPENSION OF CONTRACT. If at any
If all the Contract work is not completed in its time, in the opinion of the Director of Public Works,
entirety in accordance with all applicable the Contractor fails to supply an adequate working
requirements within the time specified in the contract force, manufactured articles, or material of proper
documents, the City shall have the right to grant or quality, or has failed in any other respect to prosecute
deny an extension of time for completion, as may the work with the diligence and force specified and
seem best to serve the interests of the City. intended by the terms of the Contract, the City will
serve notice thereof in writing upon the Contractor,
The Contractor shall agree that it would be and should the Contractor neglect or refuse to
impractical and extremely difficult to fix the actual provide means for satisfactory compliance with the
damages to the City in the event the project is not Contract within the time specified in said notice and
commenced and/or completed on or before the dates as directed by the Director of Public Works, the
specified for commencement and completion of the Director of Public Works shall have the power to
project in the Contract Documents. The Contractor suspend the operation of the Contract and discontinue
will consider the facts of a breach of this Contract all work or any part thereof, subject to review by the
and shall agree that the liquidated damages sum City . Upon such a suspension, the Contractor shall
hereinafter set forth is reasonable as liquidated discontinue work on the project, or on such part
damages in the event of a breach, and that said sum thereof as the City may designate, and the City may
shall be presumed to be the amount of the damages thereupon, by contract or otherwise, as it may
sustained by the City in the event of such a breach. determine, complete the work or such part thereof,
The Contractor therefore agrees that in the event such and charge the entire expense of so completing the
work is not begun and/or completed and accepted by work or any part thereof to the Contractor, and for
the times so specified in the Contract Documents, the such completion the City itself or its Contractors may
sum specified in the Special Provisions of these take possession of and use, or cause to be used in the
Contract Documents shall be presumed to be the completion of the work, or any part thereof, any such
amount of damages suffered by the City for each
day's delay in the starting and/or completion and materials, implements and tools of any description as
acceptance of said Project after the dates specified in may be found at the place of such work. All expenses
the Contract Documents for the start and/or charged for completion of work under this section
completion thereof, and Contractor hereby agrees to shall be deducted and paid for by the City first out of
pay said sum as liquidated damages for each calendar any moneys then due or to become due the
day of delay in the starting and/or completion and Contractor under the Contract, or any part thereof,
acceptance of said Project beyond the dates specified and the City shall not be held to obtain the lowest
in the Contract Documents. Except as otherwise figure for the work of completing the Contract or any
part thereof, or for ensuring its proper completion,
provided herein, any and all such liquidated damages but all sums paid therefor shall be charged to the
shall be assessed in accordance with the Standard
Specifications. Contractor. If the expenses so charged are less than
the sum which would have been payable to the
The Contractor shall not be assessed with liquidated Contractor under the Contract if the work had been
damages during any delay in the completion of the completed by the Contractor, the Contractor shall be
work caused by acts of God, fire not due to acts of entitled to receive the difference, and if such
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•
expenses should exceed the amount payable under does not consider the Work substantially complete,
the Contract, then the Contractor shall pay the the Director of Public Works will notify the
amount of the excess to the City, upon completion of Contractor in writing, giving the reasons therefor. If
the work, without further demand being made the Director of Public Works considers the work
therefor. In the determination of the question as to substantially complete, the Director of Public Works
whether or not there has been any such will prepare and deliver to the City for its execution a
noncompliance with the Contract as to warrant the Notice of Completion, which shall fix the date of
suspension or annulment thereof, the decision of the Substantial completion. As applicable, there shall be
City shall be binding. attached to the said Notice a list of items to be
201.4 SPECIAL PROVISIONS• completed or corrected before release of retainage or
MEASUREMENT AND PAYMENT funds withheld to secure payment for such items
remaining to be completed or corrected.
201.4.1 MEASUREMENT AND PAYMENT. b. Completion shall mean Substantial
Measurement of the quantities of work and payments completion, which shall mean substantial
therefor shall be in accordance with Section 9 of the performance of the Contract as defined in Black's
Standard Specifications as modified by the following. Law Dictionary 4th Edition, by West Publishing Co.,
Except as otherwise established, the monthly St. Paul Minn., See definition of "Completion" and
payment date shall be the last calendar day of each Substantial Completion" in Article 1, herein.
month. In accordance with subsection 9 -3.2 of the
Standard Specifications, the Director of Public Works 201.4.2.2 FINAL APPLICATION FOR
will, after award of the Contract, establish a closure PAYMENT:
date for the purpose of making monthly payments. After the Contractor has completed all such
The Contractor may request in writing that such correction work referred to in the substantial
closure shall be changed, which request may be completion section, herein, and delivered all
approved by the Director of Public Works if it is
compatible with the City's payment procedure. A maintenance and operating instructions, schedules,
measurement of work performed and a progress guarantees, Bonds, certificates of inspection, marked -
estimate of the value thereof based on the Contract up record documents (as provided in the General
shall be prepared by the Contractor and submitted to Requirements) and other documents, all as required
the Director of Public Works before the tenth day by the Contract Documents, and after the Director of
following the monthly payment date for verification Public Works has indicated that the work is
and payment consideration by the Director of Public acceptable, the Contractor may make application for
Works. final payment following the procedure for progress
payments. The final Application for Payment shall be
From each progress estimate, 10 percent will be accompanied by all documentation called for in the
deducted and retained by the City, and the remainder Contract Documents, together with complete and
less the amount of all previous payments will be paid legally effective releases or waivers (satisfactory to
to the Contractor. the City) of all liens arising out of or filed in
The Cost of all work as described in these contract connection with the work
documents shall be included in contract unit prices If, on the basis of the Director of Public Works's
bid for the various items of work requiring such observation of the Work during construction and final
work, and no additional compensation will be inspection, and the Director of Public Works's
allowed. review of the final Application for Payment and
201.4.2 FINAL INVOICE AND PAYMENT accompanying documentation, all as required by the
Contract Documents, the Director of Public Works is
201.4.2.1 SUBSTANTIAL COMPLETION: satisfied that the Work has been substantially
a. When the Contractor considers the Work completed, and the Contractor's other obligations
ready for its intended use, the Contractor shall notify under the Contract Documents have been fulfilled,
the City and the Director of Public Works in writing the Director of Public Works will, after receipt of the
that the work is substantially complete and request final Application for Payment, indicate in writing the
that the Director of Public Works prepare a Notice of Director of Public Works's recommendation of
payment and present the Application to the City for
Completion. Within a reasonable time thereafter, the payment.
Contractor and the Director of Public Works shall •
make an inspection of the Work to determine the Whenever, in the opinion of the Director of Public
status of completion. If the Director of Public Works Works, the Contractor shall have completely
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performed the Contract, the Director of Public Works dispute exists between the subcontractor and
shall notify the Agency Secretary that the Contract Contractor, up to 150 percent of the estimated value
has been completed in its entirety. The Contractor of the disputed amount. If a retention payment
shall then submit to the Engineer for approval a received by the Contractor is specifically designated
written statement of the final quantities of Contract for a particular subcontractor, payment of the
items for inclusion in the final invoice. Upon receipt retention shall be made to the designated
of such statement, the Director of Public Works shall subcontractor, if the payment is consistent with the
check the quantities included therein and shall terms of the subcontract.
authorize the Contractor to submit an invoice which 201.4.2.4 SUBSTITUTION OF SECURITIES
in the Engineer's opinion shall be just and fair, FOR RETENTION• In accordance with Public
covering the amount and value of the total amount of Contract Code Section 22300, Contractor may
work done by the Contractor, less ten percent (10 %) substitute securities for retention moneys to be
of the total work done. The Engineer shall then withheld to ensure performance under this Contract.
request that the City accept the work and that the
Agency Secretary be authorized to file, on behalf of At the request and expense of the Contractor,
the City in the office of the Orange County Recorder, securities equivalent to the amount withheld shall be
a Notice of Completion of the work agreed to be deposited with the City, or with an approved state or
done by the Contractor. federally chartered bank in California as the escrow
agent, who shall then pay such moneys to the
After acceptance of the Work by the City's governing Contractor. Upon satisfactory completion of the
body, the City will make final payment to the Contract, the securities shall be returned to the
Contractor of the amount remaining after deducting Contractor.
all prior payments and all amounts to be kept or
retained under the provisions of the Contract Alternatively, at the Contractor's request and
Documents, including the following items: expense, the City shall make payment of retentions
earned directly to the escrow agent. At the
Liquidated damages, as applicable. Contractor's expense, the Contractor may direct the
Two times the value of outstanding items of investment of the payments into securities and shall
correction work or punch list items indicated on the receive the interest earned on the investments on the
Notice of Completion as being yet uncompleted or same terms provided for in this section for securities
uncorrected as applicable. All such work shall be deposited by the Contractor. Upon satisfactory
completed or corrected to the satisfaction of the City completion of the Contract, the Contractor shall
within the time stated on the Notice of Completion, receive from the escrow agent all securities, interest,
otherwise the Contractor does hereby waive any and and payments received by the escrow agent from the
all claims to all monies withheld by the City to cover City pursuant to the terms of this section. The
the value of all such uncompleted or uncorrected Contractor shall pay to each subcontractor, not later
than 20 days from receipt of the payment, the
items. respective amount of interest earned, net of costs
201.4.2.3 RELEASE OF RETENTION: Pursuant attributed to retention withheld from each
to Public Contract Code Section 7107, and in subcontractor, on the amount of retention withheld to
accordance with the provisions therein, within 60 ensure Contractor's performance.
days after the date of completion of the improvement, It is the Contractor's obligation to secure the services
the retention withheld by the City shall be released. of a state or federally chartered bank to act as escrow
The Faithful Performance and Labor and Material agent. Securities eligible for investment include those
Bonds shall also be released at this time, except to the listed in Government Code Section 16430 or bank or
extent the former bond is to remain in force and savings and loan certificates of deposit, interest
effect pursuant to 201.2.13.1 hereinabove. In the bearing demand deposit accounts, standby letters of
event of a dispute between the City and the credit, or any other security mutually agreed to by
Contractor, the City may withhold from the final Contractor and City. Contractor shall be the
payment an amount not to exceed 150 percent of the beneficial owner of any securities substituted for
disputed amount as provided in Section 7107. Within moneys withheld and shall receive any interest
10 days from receipt by the Contractor of retention thereon. The escrow agreement used for substituted
proceeds, Contractor shall pay each of its securities must be substantially similar to that set
subcontractors from whom retention has been forth in Public Contract Code Section 22300.
withheld its share of the retention received, except
that Contractor may withhold from a subcontractor its 201.4.3 EXTRA WORK. Extra work, when ordered
portion of the retention proceeds if a bona fide in writing by the Director of Public Works and
• •
accepted by the Contractor, shall be paid for under employees from any and all claims or liability on
written work order in accordance with the terms account of work performed under the contract or any
therein provided. Payment for extra work will be alteration thereof.
made at the unit price or lump sum previously agreed 201.4.7 RIGHT TO AUDIT If the Contractor
upon between the Contractor and the Director of submits a claim to the City for additional
Public Works. All extra work shall be adjusted daily compensation, the City shall have the right, as a
upon report sheet furnished by the Contractor, condition to considering the claim, and as a basis for
prepared by the Director of Public Works, and signed evaluation of the claim, and until the claim has been
by both parties, and said daily report shall be settled to audit the Contractor's books to the extent
considered thereafter the true records of extra work they are relevant. This right shall include the right to
done. examine books, records, documents, and other
201.4.4 UNPAID CLAIMS. If upon or before the evidence and accounting procedures and practices,
completion of the work herein agreed to be sufficient to discover and verify all direct and indirect
performed, or at any time prior to the expiration of costs of whatever nature claimed to have been
the period within which claims of lien may be filed of incurred or anticipated to be incurred and for which
record as prescribed by the Code of Civil Procedure, the claim has been submitted. The right to audit shall
any person or persons claiming to have performed include the right to inspect the Contractor' s plans, or
any labor or furnished any materials, supplies or such parts thereof, as may have been engaged in the
services toward the performance of this Contract or performance of the Work. The Contractor further
to have agreed to do so, files with the City a verified agrees that the right to audit encompasses all
statement of such claim in accordance with Civil subcontracts and is binding upon subcontractors. The
Code Section 3179 et seq., or if any person brings rights to examine and inspect herein provided for
against the City or any of its agents any action to shall be exercisable through such representatives as
enforce such claim, the City shall until the discharge the City deems desirable during the Contractor's
thereof withhold from the moneys that are under its normal business hours at the office of the Contractor.
control an amount sufficient to answer the claim The Contractor shall make available to the City for
stated in such notice and to provide for the reasonable auditing, all relevant accounting records and
cost of any litigation thereunder, as provided in Civil documents, and other financial data, and upon
Code Section 3186; provided, that if the City in its request, shall submit true copies of requested records
discretion permits the Contractor to file such release to the City.
bond as is authorized by Civil Code Section 3196 in a 201.5 CONTROL OF WORK
sum equal to one and one - quarter times the amount of
said claim, said money shall not thereafter be 201.5.1 AUTHORITY OF THE DIRECTOR OF
withheld on account of such claim. PUBLIC WORKS. The Director of Public Works
201.4.5 MEDIATION AND ARBITRATION OF shall decide any and all questions that may arise as to
CLAIMS. Pursuant to Public Contract Code Section the quality and acceptability of materials furnished
20104 (c), the current provisions of Public Contract and work performed, the manner of performance and
Code Section 20104 et seq. dealing with the rate of progress of the work, and the interpretation of
mediation and arbitration of public works claims are the Plans, the Specifications and other contract
incorporated herein and a copy of these provisions is documents. The Director of Public Works shall
attached hereto as Exhibit 1. likewise decide any and all questions as to the
acceptable fulfillment of the Contract on the part of
201.4.6 ACCEPTANCE. The parties agree that no the Contractor, and all questions as to claims and
certificate given, with the exception of the certificate compensations. The decision of the Director of
of final payment, shall be conclusive evidence of the Public Works shall be final, and he shall have
faithful performance of the Contract, either in whole authority to enforce and make effective such
or in part, and that no payment shall be construed to decisions and actions as the Contractor fails to carry
be an acceptance of any defective work or improper out promptly.
materials. Further, the certificate of final payment The Director of Public Works shall have the authority
shall not terminate the Contractor's obligations under to designate, from time to time, agents or
his warranty hereinabove. The Contractor agrees that representatives to have the authority to act on his
payment of the amount due under the Contract and behalf. The Director of Public Works will designate
the adjustments and payments due for any work done these agents at the pre - construction conference. Any
in accordance with any alterations of the same, shall reference to the "Director of Public Works" in these
release the City, the City and its officers and
•
Contract Documents shall mean to include "or his used in the public interest, or where the City is aware
designee ". of only one brand or trade name, it may list only one.
201.5.2 CONFORMITY WITH PLANS AND 201.5.7 PROTECTION OF WORK. The
ALLOWABLE VARIATION. Finished surfaces Contractor shall continuously maintain adequate
shall in all cases conform with the lines, grades, protection of all work from damage, and the City will
cross - sections and dimensions shown on the not be held responsible for the care or protection of
approved Plans. Minor deviations from the approved any material, equipment or work, unless expressly
Plans, whenever required by the exigencies of provided for in the contract documents.
construction, must be authorized in writing in all 201.5.8 CONTRACT DOCUMENTS; CONFLICT
cases by the Director of Public Works. OF TERMS. The Notice Inviting Sealed Bids, the
201.5.3 PROGRESS OF THE WORK. The Instructions to Bidders, the successful Contractor's
Contractor shall begin work on the date agreed upon bid proposal and bid sheet, Contractor's Industrial
following the scheduling conference mentioned in Safety Record, Non - Collusion Affidavit, List of
section 201.3.1, and shall diligently prosecute the Subcontractors, Bidder's Bond, Information Required
same to completion before the expiration of the time of Bidder, Bid Security Forms, any and all addenda
limit specified in the contract documents. to the contract documents distributed prior to the bid
201.5.4 CONTINUING THE WORK. The opening date, Insurance Requirements for the City,
Contractor shall carry on the Work and adhere to the Performance Bond, Payment (Labor and Material)
construction schedule required to be submitted under Bond, Workers Compensation Certification and
the requirements of the Contract Documents during Certificate of Insurance, Public Works Contract,
all disputes or disagreements with the City. No work Warranty Bond (as applicable), Plans, standard
shall be delayed or postponed pending resolution of drawings, applicable permits, notices and affidavits,
any disputes or disagreements, except as the and the Specifications (including the Standard
Contractor and the City may otherwise agree in Specifications, as incorporated herein, and the
General and Special Provisions, and any and all
writing. applicable addenda or supplemental agreements)
201.5.5 SAMPLES. The Contractor shall furnish all constitute the Contract as defined herein, and a
products and materials required to complete the requirement included in one such document shall be
work. All materials and products must be of the as binding as though included in all, as they are
specified quality and fully equal to samples, when intended to be cooperative and to provide a
samples are required. Whenever required, the description of the work to be done.
Contractor shall submit to the Director of Public Should there be any conflict or discrepancy between
Works for purposes of testing and free of charge, provisions of the contract documents and/or the
samples of any one of the materials or products following laws, precedence shall be as follows:
proposed to be used in the work. Said samples shall
be delivered by the Contractor to the place within the 1. Applicable federal, state and local laws,
City designated by the Director of Public Works. regulations or permits;
Rejected material must be immediately removed
from the work by the Contractor and shall not again 2. Contract
be brought back to the site. 3. Addenda
201.5.6 TRADE NAMES AND ALTERNATIVES. 4. Change orders and supplemental agreements;
In accordance with Public Contract Code Section
3400, in drafting bid specifications in connection 5. Specific Project Provisions;
with the construction, alteration or repair of public 6. Special Provisions Applicable to all Contracts;
works, the City may call for a designated material,
product, thing or service by specific brand or trade 7. Standard Specifications;
name only if the specification lists at least two brands 8. Plans and Drawings;
or trade names of comparable quality or utility,
followed by the words "or equal" so that bidders may 9. Other contract documents.
furnish any equal material, product, thing or service. With reference to the Drawings the order of
In applying this section, the City, if aware of an equal precedence shall be as follows:
product manufactured in California, shall name such
product in the specification. In cases involving a 1. Figures govern over scaled dimensions;
unique or novel product application required to be 2. Detail drawings govern over general drawings;
• •
3. Addenda/Change Order drawings govern over Whenever, during the progress of the work, such
Contract Drawings; changes or modifications are deemed necessary by
4. Contract Drawings govern over standard the Director of Public Works and agreed upon, as
drawings; aforesaid, said deviations shall be considered and
treated as though originally contracted for, and shall
be subject to all the terms, conditions and provisions
201.5.9 INTERPRETATION OF PLANS AND of the original Contract.
SPECIFICATIONS. Should it appear that the work 201.5.11 EXTRA WORK. New and unforeseen
to be done, or any matter relative thereto, is not work will be classed as extra work only when said
sufficiently detailed or explained on the Plans or in work is not covered and cannot be paid for under any
the Specifications or in another contract document, of the various items or combination of items for
the Contractor shall request the Director of Public which a bid price appears on the proposal form. The
Works for such further explanation as may be Contractor shall not do any extra work except upon
necessary, and shall conform to such explanation or prior written order from the Director of Public
interpretation as part of the Contract, so far as may be Works. Compensation for such extra work shall be
consistent with the intent of the Plans, Specifications agreed upon in writing by the Contractor and the
and other contract documents. For each request for Director of Public Works prior to commencement of
information received from the Contractor for which the work.
the Director of Public Works determines that the The Contractor will be paid for the use of equipment
necessary information is stated in sufficient clarity in at the rental rates listed for such equipment in the
the Contractor Documents and that a competent State of California publication: " Labor Surcharge
contractor should have been able to determine said and Equipment Rental Rates ", which is in effect on
information without the further clarification, the the date upon which the work is accomplished and
Director of Public Works will deduct two hundred which is a part of the contract, regardless of
dollars from the monies owed the Contractor as ownership and any rental or other agreements if such
partial compensation for the time spent to research may exist, for the use of such equipment entered into
the request. In the event of continuing doubt or by the Contractor. If it is deemed necessary by the
questions concerning the true meaning of the Director of Public Works to use equipment not listed
Specifications or other contract documents following in the said publication, a suitable rental rate for such
such explanation by the Director of Public Works, equipment will be established by the Director of
reference shall be made to the City, whose decision Public Works. The Contractor may furnish any cost
thereon shall be final. data which might assist the Director of Public Works
in the establishment of such rental rate..
201.5.10 ALTERATIONS, INCREASES AND 201.5.12 LINES AND GRADES. Except when, as
DECREASES OF WORK TO BE DONE. The per orders from the Director of Public Works, minor
City reserves the right to increase or decrease the changes in the work are to be made by the
quantity of any item or portion of the work described Contractor, all work shall, during its progress and
on the Plans, the Specifications or the bid proposal upon completion, conform to the lines, grades and
form or to omit portions of the work so described, as elevations shown on the Plans. All distances and
may be deemed necessary or expedient by the measurements are given thereon and will be made in
Director of Public Works, and the Contractor shall a horizontal plane. In case of any such discrepancy
agree by execution of the Contract not to claim or exists, it must be reported to the Director of Public
bring suit for damages, whether for loss of profits or Works. Failure to make this report shall make the
otherwise, on account of any decrease or omission of Contractor responsible for any such error in the
any kind of work to be done. By mutual consent of finished work.
the parties signatory to the Contract, alterations, 201.5.13 PUBLIC UTILITIES. All of the existing
modifications or deviations from the type of work utility facilities except those to be relocated as shown
described on the Plans or Specifications or on the on the Plans will remain in place and the Contractor
proposal form may be made without in any way will be required to work around said facilities. In case
making the Contract void. The price to be paid by the it should be necessary to remove the property of a
City to the Contractor for such altered or modified public utility or franchise, the utility or franchise will,
work shall be agreed upon in writing, endorsed upon upon proper application by the Contractor, be
the original Contract and signed by the proper parties notified by the Director of Public Works to move
to said Contract. such property within a reasonable time, and the
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Contractor shall not interfere with said property until to Southern California Edison secondary, primary
after the expiration of the time specified. The right is and transition facilities. The term "qualified person"
reserved to the owners of public utilities or franchises shall mean one who, by reason of experience or
to enter upon the streets for the purpose of making instruction, is familiar with the operation to be
repairs or changes in their property which are performed and the hazards involved, as defined in
necessary as a result of the work. Employees and Section 2700 of Title 8 of the California
agents of the City shall likewise have the privilege of Administrative Code. The Contractor shall take such
entering upon the street for the purpose of making steps as are necessary to assure compliance with this
any necessary repairs or replacements. section by any subcontractors on the project.
In accordance with the provisions of Section 4215 of The Contractor shall employ and use only qualified
the California Government Code, any contract to persons to work in proximity of any hazardous utility
which a public agency as defined in Section 4401 is a facilities including but not limited to gas, electric,
party, the public agency shall assume the and telephone.
responsibility, between the parties to the contract, for
the timely removal, relocation, or protection of 201.5.14 REMOVAL OF INTERFERING
existing main or trunkline utility facilities located on OBSTRUCTIONS. The Contractor shall remove
the site of any construction project that is a subject of and dispose of all debris, abandoned structures, tree
the contract, if such utilities are not identified by the roots and obstructions of any character met during
public agency in the plans and specifications made the process of excavation, it being understood that the
apart of the invitation for bids. The agency will cost of said removals are made a part of the unit price
compensate the Contractor for the costs of locating, bid by the Contractor under the item for excavation
repairing damage not due to the failure of the or removal of existing work.
Contractor to exercise reasonable care, and removing 201.5.15 PROCEDURE IN CASE OF DAMAGE
or relocating such utility facilities not indicated in the TO PUBLIC PROPERTY. Any portions of curb,
plans and specifications with reasonable accuracy, gutter, sidewalk or any other City improvement
and for equipment on the project necessarily idled damaged by the Contractor during the course of
during such work. construction shall be replaced by the Contractor at his
The Contractor shall not be assessed liquidated own cost, free of charges to the City. The cost of
damages for delay in completion of the project, when additional replacement of curb, gutter or sidewalk in
such delay was caused by the failure of City or other excess of the estimated quantities shown in the
utility to provide for removal or relocation of such proposal form and the Specifications, and found
utility facilities. necessary during the process of construction, (but not
due to damage resulting from carelessness on the part
Nothing herein shall be deemed to require the public of the Contractor during his operation), shall be paid
agency to indicate the presence of existing service to the Contractor at the unit prices submitted in his
laterals or appurtenances whenever the presence of bid.
such utilities on the site of the construction project 201.5.16 REMOVAL OF DEFECTIVE OR
can be inferred from the presence of other visible UNAUTHORIZED WORK. It is the intent of the
facilities, such as buildings, meter and junction Specifications that only first -class work, materials
boxes, on or adjacent to the site of the construction; and workmanship will be acceptable. All work which
provided, however, nothing herein shall relieve the is defective in its construction or deficient in any of
public agency from identifying main or trunk lines in the requirements of the Specifications shall be
the plans and specifications. remedied, or removed and replaced by the Contractor
If the Contractor while performing the contract in an acceptable manner, and no compensation will
discovers utility facilities not identified by the public be allowed for such correction. Any work done
agency in the contract plans or specifications, he or beyond the lines shown on the Plans or established by
she shall immediately notify the public agency and the Director of Public Works, or any extra work done
utility in writing. without written authority will be considered
The public utility, where they are the City, shall have unauthorized and will not be paid for. Upon failure
the sole discretion to perform repairs or relocation on the part of the Contractor to comply forthwith
work or permit the Contractor to so such repairs or
with any order of the Director of Public Works made
relocation work at a reasonable price. under the provisions of this section, the Director of
Public Works shall have authority to cause defective
The Contractor shall employ and use only qualified work to be remedied or removed and replaced, and
persons, as hereinafter defined, to work in proximity unauthorized work to be removed, and to deduct the
.
i •
costs thereof from any moneys due or to become due equal to the class or quality of similar articles or
the Contractor. If the work is found to be in materials when specified. Materials shall be furnished
compliance with these Specifications, the Director of in such quantities and kinds and at such times as to
Public Works will furnish the Contractor with a ensure uninterrupted progress of the work. They shall
certificate to that effect. be stored properly and protected as required. The
201.5.17 SUPERVISION BY PUBLIC WORKS Contractor shall be entirely responsible for damage or
DEPARTMENT. All manufactured products,
loss caused by weather or any other cause.
materials and appliances used and installed and all 201.5.19 DEFECTIVE MATERIALS. All materials
details of the work shall at all times be subject to the not conforming to the requirements of the
supervision, test and approval of the Director of Specifications shall be considered defective, and all
Public Works or his authorized representatives. The such materials shall be removed immediately from
Director of Public Works or his authorized the site of the work unless otherwise permitted by the
representatives shall have access to the work at all Director of Public Works. Upon failure on the part of
times during construction, and shall be furnished with the Contractor to comply with any order by the
every reasonable facility for securing full knowledge Director of Public Works made under the provisions
with regard to the progress, workmanship and of this article, the Engineer shall have the authority to
character of the materials used or employed in the remove and replace defective material and to deduct
work. the cost of removal and replacement from any
Whenever the Contractor varies the period during moneys due or to become due to the Contractor.
which work is carried on each day, he shall give 201.5.20 SOUND AND VIBRATION CONTROL
adequate notice to the Director of Public Works so REQUIREMENTS. The Contractor shall comply
that proper inspection may be provided. Any work with all local sound control and noise level rules,
done in the absence of the Engineer or the Engineer's regulations and ordinances. No internal combustion
agent will be subject to rejection. The inspection of engine shall operate on the project without a muffler
the work shall not relieve the Contractor of any of his of the type recommended by the manufacturer.
obligations to fulfill the Contract as prescribed. Should any muffler or other sound control device
Defective work shall be made good, and unsuitable sustain damage, the Contractor shall promptly
materials may be rejected, notwithstanding the fact remove the equipment and shall not return said
that such defective work and unsuitable materials equipment to the job until the device is repaired or
have previously been accepted or estimated for replaced. Said noise and vibration level requirements
payment. shall apply to all equipment on the job or related to
The Contractor shall prosecute work on any State the job, including, but not limited to trucks, transit
highway or within any railroad right -of -way only in mixers or transit equipment that may or may not be
the presence of an inspector representing the State owned by the Contractor.
Department of Transportation or other appropriate 201.5.21 AIR POLLUTION CONTROL.
state agency or the railroad company, and any work Contractor shall comply with all air pollution control
done in the absence of such inspectors will be subject rules, regulations, ordinances and statutes. All
to rejection. The Contractor shall make the containers of paint, thinner, during compound,
appropriate notification according to the instructions solvent or liquid asphalt shall be labeled to indicate
given on the State Encroachment Permit or railroad the contents, fully complying with the applicable
permit for all inspections, and shall post all bonds material requirements.
and certificates required by the permit. The permit 201.5.22 FINAL CLEANING UP. Upon completion
shall be acquired by the Contractor at the Contractor's of the project and before making application to the
expense. The Contractor shall pay for all testing and Director of Public Works for acceptance of the work,
inspections required by a State Encroachment Permit
or railroad permit. the Contractor shall clean all the streets and ground
occupied or utilized by him in connection with the
201.5.18 QUALITY OF MATERIAL. Materials project, of all rubbish, debris, excess material,
shall be new, and of specified kind and quality, and temporary structures and equipment, leaving the
fully equal to samples when samples are required. entire site of the work in a neat and presentable
When the quality or kind of material or articles condition.
shown as required under the contract is not 201.5.23 TRENCHES AND EXCAVATIONS. In
particularly specified, the Contractor shall estimate
that the City will require articles and materials accordance with Public Contract Code Section 7104,
whenever the digging of trenches or other
representing the best of their class or kind or at least
• •
excavations extend deeper than four feet below the and bracing, or equivalent method for the protection
surface, the Contractor shall promptly, and before the of life and limb, which work shall conform to
following conditions are disturbed, notify the City in applicable State Construction Safety Orders. By
writing of any: 1) Material that the Contractor listing this sum in his bid, the bidder warrants that his
believes may be material that is hazardous waste, as action does not convey tort liability to the City or its
defined in Health and Safety Code Section 25117, employees or agents, including the Director of Public
that is required to be removed to a Class I, Class 11 or Works.
Class III disposal site in accordance with provisions 201.5.25 GRAFFITI• The Contractor shall
of existing law; 2) Subsurface or latent physical constantly monitor the work site and all equipment
conditions at the site differing from those indicated; and appurtenances associated with the project for
or 3) Unknown physical conditions at the site of any vandalism/graffiti. Any vandalism/graffiti found
unusual nature, different materially from those within the project limits or work site by the
ordinarily encountered and generally recognized as Contractor or the City shall be removed or repaired
inherent in work of the character provided for in the by the Contractor within 24 hours. Failure to correct
contract. The City shall promptly investigate the the situation to the satisfaction of the Director of
conditions, and if it finds that the conditions do
Public Works within 24 hours will result in the
materially so differ, or do involve hazardous waste Agency taking corrective action and deducting the
and cause a decrease or increase in the Contractor's cost from any monies that come due the Contractor.
cost of, or the time required for, performance of any
part of the work, the City shall issue a change order 201.5.26 PROTECTION & RESTORATION OF
under the procedures described in the Contract. In the EXISTING IMPROVEMENTS:
unlikely event that a dispute arises between the City
and the Contractor regarding whether the conditions 201.5.26.1 General: Except as may otherwise be
materially differ, or involve hazardous waste, or provided in specific instances, nothing in the
cause a decrease or increase in the Contractor's cost Contract shall be constructed as vesting in the
of, or time required for, performance of any part of Contractor any property right in any material, article
the work, the Contractor shall not be excused from or structure existing at the time of award of Contract
any scheduled completion date provided for by the within the area in which the work is to be done; or in
Contract, but shall proceed with all work to be any material or article subsequently furnished for the
performed under the Contract. The Contractor shall work by the Contractor after having been accounted
retain any and all rights provided either by contract or for on an approved estimate supporting the
by law which pertain to the resolution of disputes and Contractor's demand for payment as provided in
protests between the contracting parties. Where Section 9. In the latter event any such material,
applicable, Contractor shall comply with the trench article, structure or work shall become the property of
or excavation permit requirement found in Labor the agency after being so accounted for.
Code Section 6500 and the excavation safety The Contractor shall maintain all existing roadside
requirements found in Labor Code Section 6705. mailboxes and signs including but not limited to
201.5.24 SHEETING, SHORING AND directional, warning, advisory, regulatory, bus stop
BRACING. In accordance with the provisions of and street markers, in an erect and functional position
Labor Code Section 6705, with regard to any contract and condition at all times during the construction
for public works involving an estimated expenditure period in temporary locations as designated by the
in excess of $25,000, for the excavation of any trench Director of Public Works. Any of these facilities
or trenches 5 feet or more in depth, the Contractor which are damaged or lost shall be replaced by the
must submit, and the City or a registered civil or Contractor at no cost to the Agency.
structural engineer must accept, in advance of When a portion of a privately owned sprinkler system
excavation, a detailed plan showing the design of is removed, heads and other salvageable material
shoring, bracing, sloping or other provisions to be shall be carefully removed and placed on the adjacent
made for worker protection from the hazard of caving property. Any of the materials not wanted by the
ground during the excavation of trenches. If the plan owner shall be removed from the site by the
varies from the shoring system standards, it must be Contractor. Removal, repair or capping shall be as
prepared by a registered civil or structural engineer. directed by the Director of Public Works.
Such plan must comply with State Construction
Safety Orders. In addition, each bidder shall list in 201.5.27 SAFETY AND OTHER PROTECTION
the bid proposal the amount included in the bid for 201.5.27.1 The Contractor shall be responsible for
trench and excavation, adequate sheeting, shoring initiating, maintaining, and supervising all safety
• • •
precautions and programs in connection with the product or its intended usage to be unsafe. This
work. The Contractor shall take all necessary notification must be given to the Director of Public
protection to prevent damage, injury, or loss to the Works prior to the product being ordered, or if
following: provided by some other party, prior to the product
1. All employees on the work and other being incorporated in the work.
persons and organizations who may be affected 201.5.28 EMERGENCIES. In emergencies
thereby: affecting the safety or protection of persons or the
2. All the work and materials and equipment to work or property at the site thereto, the Contractor,
be incorporated therein, whether in storage on or off without special instructions from the Director of
Public Works or the City, is obligated to act to
the site; and prevent threatened damage, injury, or loss. The
3. Other property at the site or adjacent thereto, Contractor shall give the Director of Public Works
including trees, shrubs, lawns, walks, pavements, prompt written notice if the Contractor believes that
roadways, structures, utilities, and Underground any significant changes in the work or variations
Facilities not designated for removal, relocation, or from the Contract Documents have been caused
replacement in the course of construction. thereby. If the Director of Public Works determines
201.5.27.2 The Contractor shall comply with all that a change in the Contract Documents is required
applicable Laws and Regulations (whether referred because of action taken by the Contractor in response
to herein or not) of any public body having to such emergency, a Work Directive Change or
jurisdiction for the safety of persons or property or to Change Order will be issued to document the
protect them from damage, injury or loss; and shall consequences of such action.
erect and maintain all necessary safeguards for such
safety and protection. The Contractor shall notify 201.5.29 SHOP DRAWINGS AND SAMPLES:
Citys of adjacent property and utilities when 201.5.29.1 After checking and verifying all field
prosecution of the work may effect them, and shall measurements and after complying with applicable
cooperate with them in the protection, removal, procedures specified in the General Requirements of
relocation, and replacement of their property. the Technical Specifications, The Contractor shall
201.5.27.3 The Contractor shall designate in submit to the Director of Public Works for review all
writing a responsible representative at the site whose Shop Drawings in accordance with the accepted
duty shall be the prevention of accidents. This person schedule of Shop Drawing submittals specified in the
shall be the Contractor' s superintendent or project General Requirements of the Technical
manager unless otherwise designated in writing by Specifications.
the Contractor to the City. 201.5.29.2 The Contractor shall also submit to the
201.5.27.4 Materials that contain hazardous Director of Public Works for review all samples in
substances of mixtures may be required on the work. accordance with the accepted schedule of sample
A Material Safety Data Sheet as described in Section submittals specified in the General Requirements of
5194 of the California code of Regulations shall be the Technical Specifications.
requested by the Contractor from the manufacturer of 201.5.29.3 Before submittal of each shop drawing or
any hazard product used. sample, the Contractor shall have determined and
201.5.27.5 Material usage shall be accomplished with verified all quantities, dimensions, specified
strict adherence to California Division of Industrial performance criteria, installation requirements,
Safety requirements and all manufacturer's warnings materials, catalog numbers and similar data with
and application instructions listed on the Material respect thereto and reviewed or coordinated each
Safety Data Sheet and on the product container label. shop drawing or sample with other shop drawings
201.5.27.6 The Contractor shall be responsible for and samples and with the requirements of the work
and the Contract Documents.
coordinating any exchange or material safety data
sheets or other hazard communication information 201.5.29.4 The Director of Public Works's review
required to be made available to or exchanged and approval of shop drawings or samples shall not
between or among employers at the site in relieve the Contractor from responsibility for any
accordance with Laws and Regulations. variation from the requirements of the Contract
201.5.27.7 The Contractor shall notify the Director of Documents unless the Contractor has in writing
Public Works if it considers a specified a specified called the Director of Public Works's attention to
each such variation at the time of submission and the
• •
Director of Public Works has given written work until said dust is controlled, and the Contractor
acceptance of each such variation; nor will any shall have no recourse to collect from the City for
acceptance by the Director of Public Works relieve any loss of time or expense sustained by him due to
the Contractor from responsibility for errors or such suspension of work.
omissions in the shop drawings for from 201.5.35 SURPLUS MATERIALS: The Contractor
responsibility for having complied with the
provisions of these Contract Documents. shall furnish written consent from the owner of the
property where it is intended to dispose of the surplus
201.5.29.5 Where a shop drawing or sample is material. Any surplus excavation shall become the
required by the Specifications, any related Work property of the Contractor.
performed prior to the Director of Public Works' s 201.5.36 FURNISHING AND APPLYING
review and approval of the pertinent submission will
be at the sole expense and responsibility of the WATER: The Contractor shall make provisions for
Contractor. water necessary for construction, backfill
consolidation, and cleanup. Furnishing and applying
201.5.30 CONSTRUCTION STAKING: The water shall be considered as included in the bid price
Contractor shall be required to provide any and all paid for the various contract items of work requiring
necessary construction survey staking required to such water and no additional compensation will be
construct the project. Full compensation for made therefore.
performing any needed construction survey staking 201.5.37 CLEAN -UP - During all phases of
not otherwise provided for, shall be considered as construction, the Contractor shall maintain a clean
included in the prices paid for the various contract work site; the Contractor shall be responsible for the
items of work and no additional compensation will be
allowed therefor. removal and disposal of all concrete, asphalt, tree
roots, and any other debris resulting from the work
201.531 SURVEY MONUMENTATION: The performed. Full compensation shall be considered as
Contractor shall re- establish centerline ties and included in the prices for the various contract items.
survey monumentation, if necessary. Full 201.5.38 EQUIPMENT REQUIREMENTS The
compensation for performing any needed Contractor shall provide a lead car with a "Wide
construction survey staking not otherwise provided Load" warning sign to lead the movement of any
for, shall be considered as included in the prices paid
for the various contract items of work and no equipment exceeding 7 feet in maximum horizontal
additional compensation will be allowed therefore. dimension over any street to the location of the
scheduled work site. Equipment will be subject to a
201.532 SANITARY CONVENIENCE: Necessary fine of $100.00 for each violation as determined by
sanitary facilities for the use of workman on the job the Director of Public Works. Any other violations
shall be provided and maintained in an approved shall be subject to the vehicle code of the State of
manner by the Contractor, properly secluded from California. Full compensation for the cost of
public observation and in compliance with health furnishing the lead vehicles and adhering to the
ordinances and laws, and their use shall be strictly requirements of this section shall be considered as
enforced by the Contractor. included in the prices for the various contract items
201.5.33 PRESERVATION OF PROPERTY: I of work and no additional compensation will be
Existing improvements in areas adjoining the allowed therefor.
property whereon demolition and removal is being 201.539 PROTECTION OF WORK AND
performed shall be protected from injury or damage PUBLIC The Contractor shall take all necessary
resulting from operations of the Contractor and the measures to protect work and prevent accidents
Contractor shall be responsible for such damage. In during any and all phases of the work. The
like manner any building, structure, tree, shrub, or Contractor shall repair all damaged parts of the
other item designated for preservation on the property project as a result of vandalism, including but not
where demolition and removal is being performed limited to vehicle tracts, footprints, writing. If
shall be similarly protected and preserved. deemed necessary by the City, the Contractor shall
201.534 DUST CONTROL: The Contractor shall repair the defective area in accordance with these
provide such dust laying equipment and methods as Contract Documents.
may be required to protect adjacent property from 201.5.40 TESTS AND INSPECTIONS:
annoyance or damage from dust caused by his 201.5.40.1 The Contractor shall give the Director of
operations, and failure to control such dust shall be Public Works timely notice of readiness of the work
cause for the Director of Public Works to stop the
• •
for all required inspections, tests, or approvals, but in covered without written concurrence of the Director
no event less than 24 hours notice. of Public Works, it shall if requested by the Director
201.5.40.2 If Laws or Regulations of any public body of Public Works, be uncovered for observation. Such
having jurisdiction other than the City require any uncovering shall be at the Contractor's expense
unless the Contractor has given the Director of Public
Work (or part thereof) to specifically be inspected, Works timely notice of the Contractor's intention to
tested, or approved, the Contractor shall pay all cost perform such test or to cover the same and the
in connection therewith and shall furnish the Director Director of Public Works has not acted with
of Public Works the required certificates of
inspection, testing, or acceptance. The Contractor reasonable promptness in response to such notice.
shall also be responsible for and shall pay all costs in 201.5.40.6 If any work is covered contrary to the
connection with any inspection or testing required in written request of the Director of Public Works, it
the City's or the Director of Public Works' shall, if requested by the Director of Public Works',
acceptance of a supplier of materials or equipment be uncovered for the Director of Public Works'
proposed as a substitution or "or equal" to be observation and replaced at the Contractor's expense.
incorporated in the Work, or of materials or 201.5.40.7 If the Director of Public Works considers
equipment submitted for approval prior to the
Contractor's purchase thereof for incorporation in the it necessary or advisable that covered work be
Work. The cost of all inspections, tests, and observed by the Director of Public Works or
approvals in addition to the above which are required inspected or tested by others, the Contractor, at the
by the Contract Documents will be paid by the City Director of Public Works' request, shall uncover,
(unless otherwise specified). expose or otherwise make available for observation,
inspection, or testing, as the Director of Public Works
201.5.40.3 The Director of Public Works will make, may require, that portion of the Work in question and
or have made, such inspections and tests as the shall furnish all necessary labor, material, and
Director of Public Works deems necessary to see that equipment. If it is found that such work is defective,
the Work is being accomplished in accordance with the Contractor shall bear all direct, indirect, and
the requirements of the Contract Documents. Unless consequential costs of such uncovering, exposure,
otherwise specified in the Special Provisions, the cost satisfactory reconstruction, including but not limited
of such inspection and testing will be borne by the to fees and charges of Director of Public Works,
City. In the event such inspections or tests reveal architects, attorneys, and other professionals.
non - compliance with the requirements of the However, if such work is not found to be defective,
Contract Documents, the Contractor shall bear the the Contractor shall be allowed an increase in the
cost of corrective measures deemed necessary by the Contract Price for such uncovering, exposure,
Director of Public Works, as well as the cost of observation, inspection, testing, and reconstruction;
subsequent re- inspection and retesting. Neither and, if the parties are unable to agree as to the
observations by the Director of Public Works nor amount or extent thereof, the Contractor may make a
inspections, tests, or approvals by others shall relieve claim as provided in these Contract Documents.
the Contractor from the Contractor's obligation to 201.5.40.8 The Contractor shall permit on -site video
perform the Work in accordance with the Contract taping, still photography, or motion picture
Documents. photography of the construction project. The
201.5.40.4 All inspections, tests, or approvals other Contractor shall give notice to all employees and
than those required by Laws or Regulations of any subcontractors of such video taping and/or
public body having jurisdiction shall be performed by photography to be out of view of the camera, if
organizations acceptable to the Director of Public requested to do so, during video taping and or
Works. photographing of the construction project.
201.5.40.5 If any Work (including the work of
others) that is to be inspected, tested, or approved is
• •
SPECIAL PROVISIONS
202 SPECIFIC PROJECT PROVISIONS
AGENCY PROJECT: SUPPLY AND INSTALLATION OF HYPOCHLORITE GENERATION SYSTEMS
202.1 THE REQUIREMENTS: All work embraced various features are listed as a part of these
herein shall be accomplished in accordance with the specifications.
applicable portions of the "Standard Specifications
for Public Works Construction," the 1994 edition, 202.4 SCOPE OF WORK: The Contractor shall
herein referred to as "Standard Specifications, except furnish all necessary materials, labor, equipment and
as modified by these Special Provisions and the other incidental and appurtenant work necessary for
the proper construction of this project, including but
Project Plans. not limited to the construction of sidewalk, parkway,
In addition to the above, the Contractor shall comply curb, driveway apron, and handicap access ramps, in
with the requirements of the following "contract accordance with these contract documents.
documents ": 202.5 PROJECT LOCATION:
Notice Inviting Sealed Bids 202.6 CONTRACT TIME: The Contractor shall
Instructions to Bidders
Proposal and Bid Sheet complete the work within 20 working days from the
Contractor' s Industrial Safety Record date specified within the Notice to Proceed. Working
Non - Collusion Affidavit Days will be counted from the date of the Notice to
List of Sub Contractors Proceed.
Bid Security Forms 202.7 LIQUIDATED DAMAGES: The amount of
Addenda to Contract Documents distributed prior to liquidated damages for this project is $850 per
the bid opening calendar day. Refer to Section 201.3.6 for further
Insurance Requirements for the City information.
Workers Compensation Certification and Certificate
of Insurance 202.8 NOTICE TO PROCEED: Upon award of this
Warranty Bond (as applicable) contract and signing the contract documents, the City
Plans will issue the Contractor a Notice to Proceed.
Standard Drawings Contract time accrues from the date specified in the
Applicable permits, notices and affidavits Notice to Proceed but the Contractor must commence
Applicable addenda or supplemental agreements within 15 calendar days of the date specified in the
General Provisions and Special Provisions Notice to Proceed.
Bid Bond The Agency will not authorize any work to be done
Information Required of Bidders under these Specifications before the Contract has
Agreement been fully executed; and any work that is done by the
Faithful Performance Bond Contractor in advance of such time shall be
Payment (Labor and Material) Bond considered as being done at his own risk and
Contract responsibility, and as a consequence will be subject
Statement Acknowledging Penal and Civil Penalties to rejection by not having been done in the presence
of an Engineer or Inspector as provided in Section 2-
202.2 DEFINITION OF TERMS: Wherever in the 10 of the Standard Specifications.
"Standard Specifications" terms are used, they shall
be understood to mean and refer to the following: In the event that the Director of Public Works shall
be of the opinion that the work is being inadequately
Agency & Owner - City of Seal Beach or improperly executed in any respect, he/she may
Board - City Council, City of Seal Beach demand that the Contractor improve or change the
execution of the work in such manner as to assure
Engineer - The Director of Public Works, acting proper and timely completion.
either directly or through the properly authorized
agents, such agents acting within the scope of the All work which is defective in its construction or
particular duties entrusted to them. deficient in any of the requirements of these Special
Provisions shall be remedied, or removed and
Notice to Contractors - Notice Inviting Sealed Bids replaced by the Contractor in a manner acceptable to
202.3 PROJECT PLANS: The location of the work, the Agency and no compensation will be allowed for
such correction.
its general nature, extent, form and detail of the
• •
Upon failure on the part of the Contractor to comply all work under the Contract within the specified time
forthwith with any order of the Director of Public and in accordance with the contract documents.
Works makes under the provisions of these contract 202.24 MISC. WALLS AND OTHER
documents, the Director of Public Works shall have FEATURES: The Contractor shall be responsible
authority to cause defective work to be removed and for preserving and/or replacement in kind of interior
replaced and deduct the costs thereof from any
monies due or to become due to the Contractor. or other features of private and City property for any
work of this contract. For any features that the
202.11 CONFERENCE: The Contractor shall Contractor disturbs, the Contractor shall replace said
arrange a pre - construction meeting with the Director features in like and kind.
of Public Works which shall be held a minimum of 202.29 ILLICIT DISCHARGES INTO THE
five Calendar Days prior to commencement of any STORM DRAINS: The Contractor shall not allow
work. No meeting will be held unless the Contractor any pollutants or non- stormwater run -off from its
has already submitted the construction schedule. \
operation to enter the storm drain.
202.15 MATERIALS: The Contractor shall furnish 203 SPECIFIC PROJECT PROVISIONS
the articles, equipment, materials, or processes
specified by name in the drawings and specifications. AGENCY PROJECT: SUPPLY AND
202.18 CONTRACTOR'S DAILY REPORTS: INSTALLATION OF HYPOCHLORITE
The Contractor shall complete consecutively GENERATION SYSTEMS
numbered daily reports indicating manpower and 203.1 CONFERENCE: The Contractor shall arrange
narrative description of work performed, serviceable a pre - construction meeting with the Director of
major equipment in use, serviceable major equipment Public Works which shall be held a minimum of five
idled, serviceable major equipment down for repairs, working days prior to commencement of any work.
sub - contractors working at site, weather conditions, At the meeting, the City will designate its project
and date. The daily report shall be completed on manager /administrator as its authorized project
forms prepared by the Contractor and acceptable to representative. The designated Contractor's
the Public Works Department, and shall be submitted Superintendent, Contractor's Project Manager and
at the conclusion of each work day. The forms will be representatives from each of the subcontractors shall
discussed at the pre- construction conference. The attend the meeting. No meeting will be held unless
City will provide a sample format for the daily report the Contractor has already submitted a draft of the
at the pre - construction conference. The Contractor construction schedule. The Contractor shall have his
shall distribute copies to the Construction Observers equipment available for inspection by the Director of
and the Director of Public Works or his authorized Public Works at the time of the pre - construction
representative at either the conclusion of each work meeting. At the pre - construction conference, the
day or prior to the start of work the next day. No Contractor shall submit, including but not limited to,
progress payments will be processed or made to the the following items: Contractor's Emergency
Contractor unless all daily reports are completed to Numbers and contract persons For After Work
the date of submittal of application for payment. Hours, Designation of the Contractor' s
202.19 SCHEDULE: Within 5 calendar days of Superintendent and Project Manager.
notification of award of the Contract, the Contractor 203.2 NOT USED
shall prepare and submit for approval a schedule for 203.3 NOT USED
accomplishing the work.
Said schedule must show the dates of the expected 203.4 MEASUREMENT AND PAYMENT: The
start and completion of all the various items of the Cost of all work as described in these contract
Contract work. The schedule shall also list all documents shall be included in contract unit prices
necessary preparatory work, vegetation removal, and bid for the various items of work requiring such
street cleaning. The schedule shall be in the form of a work, and no additional compensation will be
Gant/Bar Chart and a Critical Path Method schedule allowed.
and both shall be in sufficient detail to show the 203.5 CONTRACTOR'S PROJECT MANAGER:
chronological relationship of all activities of the The Contractor shall designate in writing and keep
project including, but not limited to, estimated available during its process a competent, technically
starting and completion dates of various activities, qualified project manager, who shall not be replaced
scheduling of equipment, procurement of materials. without written notice to the Director of Public
The construction schedule shall reflect completion of Works except under extraordinary circumstances.
• -
• •
The Contractor's project manager shall be defective in its construction or deficient in any of the
responsible for overall administration and requirements of these Special Provisions shall be
coordination of the work, including but not limited to remedied, or removed and replaced by the Contractor
processing of schedules, discussion of change orders in a manner acceptable to the City and no
and extra work and coordination and distribution of compensation will be allowed for such correction.
the Daily Reports. The Director of Public Works
shall have the right, at any time, to direct a change in Upon failure on the part of the Contractor to comply
the Contractor's project manager, if the performance forthwith with any order the Public Works
is unsatisfactory, as determined by the Director of Department makes under the provisions of this
Public Works, in its sole discretion. section, the Public Works Department shall have
authority to cause defective work to be removed and
203.6 REQUEST FOR WORKING DAYS: The replaced and deduct the costs thereof from any
Contractor shall notify the Director of Public Works monies due or to become due to the Contractor.
separately in writing within 7 calendar days after the
occurrence of a delay, when the Contractor believes
that it is entitled to an additional working day per any
day the Contractor is prevented from working at the
beginning of the workday, for cause defined in
section 6 -6.1 of the Standard Specifications, or any
day the Contractor is prevented from working during
the first 5 hours with at least 60 percent of the normal
work force for cause as defined in section 6 -6.1 of the
Standard Specifications. The Contractor's failure to
give written notice in the time period specified above
shall constitute a waiver of all claims for an
additional work day, whether direct or consequential
in nature and that day will be counted as a working
day. Upon receipt of the Contractor's written request,
the Director of Public Works will then make a
determination of whether the day or days the
Contractor is requesting shall be counted as working
days.
203.8 CONTRACTOR'S REQUEST FOR FINAL
INSPECTION: When the Contractor believes all the
contract work is complete in all parts and
requirements, the Contractor shall notify the Director
of Public Works in writing through a certificate of
completion form. This form will be provided to the
Contractor at the pre - construction conference.
203.10 NOT USED
203.12 CONTRACTOR'S EMERGENCY
NUMBERS: The Contractor shall keep the names
and telephone numbers of the responsible persons in
the employ of the Contractor who may be contacted
at nights and on weekends by the City when
problems related to construction occur, and such
designated persons shall have full authority to act as
the agent of the Contractor and make any decisions
that may be demanded by the situation.
203.13 NOT USED
203.14 NOT USED
203.17 REMOVAL OF DEFECTIVE AND
UNAUTHORIZED WORK: All work which is
• •
PAGE LEFT BLANK
• •
HYPOCHLORITE GENERATION SYSTEM
SPECIFICATIONS
General Description
The Contractor shall submit detailed drawings showing installation of the proposed work along with other
submittals consisting of the bonds,insurance certificates and other documents as stated on the Notice of
Award. Upon satisfactoctory completion of the City' s review of submittals and execution of the
Contract,City will issue a Notice to Proceed.
The Contractor shall have 20 working days to complete the installation from the date of the Notice to
Proceed.The City will complete all work to be done by the City prior to Notice to Proceed. The City will
not issue Notice -to- Proceed until the Contractor has succeded in receiving final approval of installation
plans from the OC Fire Authority.
In the case the detailed installation drawings are required to be modified by the Fire Authority or the Health
Department such modifications shall be completed by the Contractor.
Requirements
1. The system shall be as manufactured by proprietary mixture of catalytic precious
ClorTec on -site sodium hypochlorite metals.
generation system. ❑ The tubular cell(s) shall be factory
2. Contractor shall furnish and install the chlorine tested to 100 psi, for a period of 30
generation system, capable of 140 pounds per minutes, prior to final assembly and
day of chlorine equivalent sodium shipment.
hypochlorite at 0.8% concentration.
❑ The electrolytic cell(s) and brine
3. The systems shall utilize ordinary water proportioning system shall be housed on
softener salt, system water and 480 three- an open rack assembly built from
phase power as its only raw materials. There welded stainless steel. Painted iron
will be no drain connections required, nor will stands and/or skid will not be allowed.
there be any waste products to be disposed of. ❑ Cell must be modular in 70 lbs. a day
4. The hypochlorite generator shall be capable of upgrades to allow for redundancy and
producing one pound equivalent chlorine from field upgrades.
no more than 3.5 pounds of salt, 15 gallons of ❑ The system will be supplied with 2 -1500
water and 2.5 kW/hr of electrical energy. gallon capacity tanks for 0.8percentage
❑ The electrolyte cell(s) shall be constructed hypochlorite storage. The tank shall be
of clear PVC acrylic materials allowing designed to store contents having a specific
for full visual inspection of electrodes gravity of 1.5 at 73 °F. Tank diameters will
from top, bottom, back and front. This be 72" maximum.
will ensure complete cleaning and proper 5. Hypochlorite generating systems shall
preventative maintenance. include the following:
❑ The cell(s) construction will be tubular,
allowing for electrolytic packs to be A 2,000 -pound capacity HDPE salt brine
removed as a single assembly for tank shall be installed where shown on the
maintenance and/or cleaning. Any plans and will consist of a 200 - gallon
necessary joining of PVC materials will be cylindrical tank with full cover. Brine shall
by solvent welding or mechanical be made up via a water fill control
compression. Thermal welding will not be positioned within a PVC protective chase
allowed. approximately 12 inches above the base of
the tank. The valve and standpipe will be
❑ The electrode material shall be constructed and mounted to allow for simple
dimensionally stable and will consist of a removal and inspection without the use of
titanium substrate coated with a tools or special skills.
R:specs \CITY OF SEAL BEACH\BEVERLY MANOR CHLORINE 73
•
• •
■ The generator package The injection/metering pumps shall be
shall have the following redundant complete with motor and variable
interlocked safety features: frequency drives.
❑ Water flow switch • The controller will have the ability to
❑ Cell high temperature switch accept the City' s existing flow signal
❑ Cell low level switch and chlorine residual signal, and be
❑ Transformer high temperature switch field programmable to pace the dosage
❑ Cell over voltage switch amp from either signal separately or by
❑ Automatic voltage and current integrating the input from both signals
regulation together.
❑ All of the above safety features shall be • Water softener manufacturer shall
interlocked to prevent operation, if any, of supply one -year maintenance and
the normal parameters are exceeded. In service schedule. Water softener shall
the event of a trip condition, an alarm be capable of processing 2100 gallons
contact set will occur and signal a of water a day. Unit shall be sized to
shutdown condition. accommodate a minimum of 14 days
6. Metering pump /chemical dosing systems shall period of service before regeneration.
include the following features and accessories: Softener system shall have recirculation
pump to prevent softener from short-
. Hydraulically activated diaphragm circuiting.
• 10:1 stroke length modulation by means ❑ Control system shall be programmable logic
of hydraulic bypass controller (PLC) based, Maple display with
Internal pressure relief a digital interface, all to be enclosed in a
■ stainless steel with power disconnect switch
• Kynar (PVDF) Liquid pumping chamber NEMA 12 enclosure.
with Teflon diaphragm ❑ The power supply will incorporate the
• 10:1 Speed modulation by means of an following features and operating parameters.
AC VFD ❑ The rectifier thyristors shall be 150 amp
■ Properly sized pulsation dampener to limit SCR design and shall function to
fluctuation in flow and pressure to +- 5% provide constant current to the cell
of average within specified voltage ranges. The
rectifier control panel will show
Calibration chamber
■
sized amperage, voltage and will house the
ized for 30 seconds of drawdown at
100% capacity with grabvation reading in emergency stop switch.
both milliliters and GPH ❑ The transformer shall be frame mounted
in a rain tight enclosure, air- cooled and
• Externally mounted will be class H insulation with an 80 °C
back pressure /anti- siphon sustaining valve temperature rise.
• Sample port ❑ Constant current operation: The device
• Flush port will constantly monitor cell current and
concurrently correct cell voltage to
• Suction "Y" strainer maintain constant current.
• The system shall ❑ Soft start operation: Upon startup the
contain two injection metering pumps, device will gradually ramp up to full
one for reservoir influent and one for current over the first five seconds of
pump station influent injection. The operation.
reservoir influent pump shall be a dual -
head pump capable of delivering 90.8 ❑ Power supply must be air- cooled.
gallons per hour and the pump station Liquid cooled will not be allowed.
effluent pump shall be capable of ❑ The interfacing PLC will incorporate the
delivering 55.5 gallons per hour of following features and operating parameters.
hypochlorite solution.
R:specs \CITY OF SEAL BEACH\BEVERLY MANOR CHLORINE 74
• •
❑ The flow control panel shall function to the units PLC and connect to the City of
automatically dilute 8 GPH concentrated Seal Beach existing telemetry system.
brine with 80 GPH softener water. The The dry contact output shall have a 0 -60
resulting 3 percent solution is delivered to second adjustable delay time and reset
the cell(s). itself if an alarm is cleared during the
❑ The flow control panel shall have valving delay time. The dry contact shall latch
capable of allowing the bellows pump to on after timing period and must be
blend muriatic acid into the cell for designed to reset only on a manual basis
cleaning purposes. (with a button or switch) once in the
latched position.
❑ The generator package shall be controlled ❑ Automatic restart: When an alarm
by a General Electric PLC control coupled condition occurs, the system shall try to
to a Maple touch pad display. The logic automatically restart a minimum of four
shall function to automatically restart the times before initiating a shutdown
machine after any alarm condition and condition.
will only shutdown the machine after the
fourth failed restart. ❑ Alarm history: The PLC shall contain a
Li 316 stainless steel NEMA 4x control history of the last ten events and their
cabinet will house the touch pad, PLC and alarm types.
terminal strips to fully support the ❑ The brine proportioning system shall
functions of generator operation, tank consist of a fill control rotometer, brine
levels and metering pump control. bellows pump (0 -1000 ml/min) and a
❑ The control cabinet logic will function at polyethylene tank. The system shall
the PLC level where operating parameters function automatically to deliver a 3%
brine solution to the cell during periods
will be measured, corrected, scaled, of operation. The fill controls will be
reported and controlled while the touch utilized to supply fresh water for brine
pad display will serve as the operator makeup and the fresh water pump
interface. suction.
❑ The generator control system and display ❑ The unit tanks will be controlled by a
will be capable of controlling and ultra sonic level indicator that is field
monitoring all functions and operational adjustable for infinite setting so as to
parameters including, but not limited to,
the following: prevent any cycling of the process.
8. Cell Safety Devices ❑ No reaction tanks or submersible cells
9. Rectifier Control allowed.
10. DC Amperage & Voltage ❑ The system warranty will be as follows:
11. Hypochlorite Tank Levels
❑ Cell pack: 0 -2 years full replacement
❑ The PLC will allow the operator to start,
stop, engage, disengage, reset alarm, cell ❑ 2 -7 years prorated straight line over all
fill and display history. system
❑ Status display: The display will show ❑ Manufacturer must provide full and
amperage, voltage, running hours, complete two (2) year warranty on all
standby, alarm and type, disabled and cell parts, labor and support service
fill. ❑ The supplier of the equipment shall provide
❑ Alarms: Alarms will be provided for the 5 sets of complete installation drawings
following conditions: Cell level, cell showing location of all system components
temperature, rectifier malfunction, day and all piping and electrical conduits prior to
tank minimum and maximum, limits and installation .The supplier will note all field
pumps general unit failure. modifications made during the installation
and submit "as built" plans to the City.
❑ In an alarm condition, the display will Before proceeding with installation the
acknowledge the alarm type manufacturer supplier shall obtain the State Health
shall supply one dry- contact output from Department and Orange County Fire
R:specs \CITY OF SEAL BEACH\BEVERLY MANOR CHLORINE 75
• •
Authority approval of the system and the ❑ If the unit becomes non - operational up to
proposed installation. Contractor shall make one year past the 30 -day test period, the
any changes to the plans or systems that are Contractor shall repair the unit within 72
required by State Health Department and hours from the telephone report of the
Orange County Fire Authority. occurrence. Failure of the Contractor to
❑ Manufacturer shall provide training to city make the unit operational will result in
staff on operation and maintenance of the units damages being sustained by the City. Such
on an as needed basis up to 8 hours. damages are and will continue to be,
impractical and extremely difficult to
❑ The unit shall operate maintenance free for a determine. The Contractor shall pay to the
full thirty-(30) day test period prior to final City, or have monies due him withheld, the
acceptance by the City. No payment shall be sum of $600 for each calendar day the
made until the successful completion of this system remains down beyond the 72 -hour
start-up period. It is the intent of these period.
specifications that the unit operate trouble free ❑ Contractor shall supply five sets of plans
for a continuous thirty -(30) day period. If a
malfunction or stoppage occurs during this one for Orange County Fire Authority, one
time, the thirty -(30) day period will begin for State Health Department and three for
again.
the City of Seal Beach.
❑ System shall be built locally and serviced by
a factory employee technician that is not
more than 50 miles away and could be
contacted 24 -hours a day, 7 days a week and
respond within 24 hours
R:specs\CITY OF SEAL BEACH\BEVERLY MANOR CHLORINE 76
1 •
APPENDIX
R•specs \CITY OF SEAL BEACH\BEVERLY MANOR CHLORINE 77
• •
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
CITY OF SEAL BEACH
By an Individual. The individual must sign the instrument, and if he is doing business under a fictitious name, the
fictitious name must be set forth.
By a Partnership or Joint Venture. The legal name of the partnership or joint venture must be set forth followed by
the signatures of all of the partners or joint venturers, or signature(s) of fewer than all of the partners or joint
venturers if submitted with evidence of authority to act on behalf of the partnership or joint venture.
By a Corporation. The legal name of the corporation must be set forth, followed by the signatures of the President
or Vice President and Secretary or Assistant Secretary and the corporate seal. The signatures must be acknowledged
before a Notary Public, using in substance the form of acknowledgment set forth below.
By a Surety. The legal name of the surety must be set forth, followed by an authorized signature. A legally
sufficient power of attorney must be attached to any bond to verify the authority of the party signing on behalf of the
surety.
NOTE: Signatures of partners, joint venturers and corporation officers including the person signing on behalf of a
surety, must be acknowledged before a Notary Public, who must certify that such partners, joint venturers or officers
are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument
pursuant to its bylaws or a resolution of its Board of Directors.
THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE
AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY - IT IS SIMPLY A
FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On , 1997 before me, the undersigned, a Notary Public in and for the said
State and County, personally appeared
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 acknowledged 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), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
R:specs \CITY OF SEAL BEACH\BEVERLY MANOR CHLORINE 78
'` 111iA'r'tSH USA INC. • CERTIFICATE OSISURANCE CERTIFICATE NUMBER
CLE-000373620-00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
TWO LOGAN SQUARE POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
PHILADELPHIA,PA 19103-2797 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
S27409-ALL-GAWUP-00-01 0110 A ST.PAUL FIRE&MARINE INS CO
INSURED
COMPANY
CAPITAL CONTROLS COMPANY, INC. B ST.PAUL SURPLUS LINES
ATTN:RONNIE MCINTYRE
1077 DELL AVENUE,SUITE A COMPANY
CAMPBELL,CA 95008 C
COMPANY
D
COVERAGES p replaces any previously,issued:certificate., . v.
-` This certificate'su ersedes and re laces an
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY I I
1 GENERAL AGGREGATE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY IT06600928 03/31/00 03/31/01 PRODUCTS-COMP/OP AGG $ 2,000,000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000
X OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 1,000,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO IT06600928 03/31/00 03/31/01
ALL OWNED AUTOS (AOS) BODILY INJURY $
SCHEDULED AUTOS IT06600929 (Per person) l
X HIRED AUTOS (TX) BODILY INJURY $
X MA06600013 I (Per accident)
NON-OWNED AUTOS
COMP.DED.$250 (MASS) PROPERTY DAMAGE $
1 COLL.DED.$500
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY 1106600928 03/31/00 03/31/01 t EACH OCCURRENCE $ 10,000,000
UMBRELLA FORM AGGREGATE $ 10,000,000
OTHER THAN UMBRELLA FORM I $
WORKERS COMPENSATION AND WC STATU- 0TH-
EMPLOYERS'LIABILITY X I TORY LIMITS I ER '
A WVA2800546(MA&WI) 03/31/00 03/31/01 EL EACH ACCIDENT $ 500,000
THE PROPRIETOR/ AOS I INCL EL DISEASE-POLICY LIMIT $ 500,000
PARTNERS/EXECUTIVE
OFFICERS ARE: Excl..WVA2800545(AOS) EL DISEASE-EACH EMPLOYEE $ 500,000
OTHER
g PROFESSIONAL/ LC05526361 03/31/00 03/31/01 LIMIT:$3,000,000
POLLUTION LIABILITY I 1 DEDUCTIBLE:$50,000
I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
CITY OF SEAL BEACH IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL AND AUTOMOBILE POLICIES. WAIVER OF
SUBROGATION IS APPLICABLE WHERE REQUIRED BY CONTRACT AND PERMITTED BY LAW.
CERTIFICATE HOLDER CANCELLATION' ;
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CITY OF SEAL BEACH CERTIFICATE HOLDER NAMED HEREIN.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
CITY HALL
DIRECTOR OF PUBLIC WORKS LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE.ITS AGENTS OR REPRESENTATIVES.
211 EIGHTH STREET
SEAL BEACH,CA 90740-6379
MARSH USA INC.
BY: Martin J Samchalk 91?q/ :.J, .,eiIlak
-
MM1(9/99) VALID AS OF: 08/16/00