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HomeMy WebLinkAboutCC 15 PIPELINE RELOC 03-19-90DATE: TO: FROM: MARCH 13, 1990 WILLIAM HUSTON, CITY MANAGER CONCENT -.CALENDAR NO. 15 3-19=90 Inter - Com PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: EAST ORANGE COUNTY WATER DISTRICT PIPELINE RELOCATION - JAMBOREE ROAD RECOMMENDATION: That the Tustin City Council authorize the Mayor to execute the dual obligee rider to the three-year maintenance bond as it pertains to the relocation of the East Orange County Water District 27" SAC inlet line and 24" treatment plant outline line. BACKGROUND: As a part of the Jamboree Road grading and paving improvements, the Assessment District No. 86-2 was also responsible for the relocation of two transmission water mains. These two pipelines were 27" and 24" in diameter. The need for the relocation of these pipelines was caused by the location and grade of Jamboree Road and the relocation of the access road to the EOCWD filtration plant facility. These improvements were bid as part of the original contract and required an on-going bond providing surety for the workmanship of said pipeline relocation for a period of three years after the completion and acceptance of said work. DISCUSSION: The attached bond provides for the extended workmanship warranty on the subject pipelines for a period of three years. The cost of this bond and warranty of workmanship is the responsibility of the contractor, however, EOCWD has requested the City sign off on said bond as the responsible contracting agency. Bob Ledendecker Director of Public Works/City Engineer BL:mv BOND NO. 158 86 01 PREMIUM: $1,046.00 KNOW ALL MEN BY 'THESE PRESENTS, That we IRVINE PIPELINE COMPANY, -INC. as Principal, and THE CONTINENTAL INSURANCE COMPANY , a Surety corporation organized under the laws of the State of NEW HAMPSHIRE , as Surety, are held and firmly bound unto E. L. YEAGER CONSTRUCTION COMPANY, INC. as Obligee, in the penal sum of TWO HUNDRED NINE THOUSAND TWO HUNDRED SIXTY FOUR ($_10 9, 2 6 4. 0 0 ) DOLLARS, to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated the 21ST day of JUNE , 1989 WHEREAS, the above bounden IRVINE PIPELINE COMPANY, INC. did on the 8TH day of DECEMBER , 19-L8, enter into a subcontract with the E L. YEAGER CONSTRUCTION COMPANY, INC. for CONSTRUCTION OF 27" S.A.C. INLET LINE AND 24" TREATMENT PLANT OUTLET LINE. and has completed said subcontract. WHEREAS, the Obligee has accepted or is about to accept the completed subcontract conditioned upon the Principal filing a maintenance bond covering the 27" and 24" steel cylinder mortar lined and coated pipes. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy any defect -u : material or WO rknanship cctirering the 27" and 24" steel cylinder mortar lined and coated pipes furnished under said subcontract for a period of Three Years from date of acceptance by the Obligee, this bond shall be null and void, otherwise, the same shall remain in full force and effect. Signed, Sealed and Delivered in the presence of: INE PIPELUE COMPANY INC. THE CONTINENTAL INSURANCE COMPANY Surety By; D. J. Picard, Attorney IN FACT f'i ' The )ntinentalInsurancempany GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint D. J. Picard, Anaheim, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 13th day of January, 1989: `RESOLVED. that the Chairman of the Board. the Vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice President or a Vice President of the Compam be. and that eac h or any of them is authorized to execute Po%%ers of Anorne-. qualifying the anorneN named in the given Power of Anornev to e,,ecute in behalf of the Company. bonds. undertakings and all contracts of suretyship: and that an Assistant Vice President. a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of an,. such Power of Anorney, and to attach thereto the seal of the Companv. FURTHER RESOLVED. that the signatures of ff such off and the seal of the Compam ma% be affixed to anv such Power of Attorney or to any certificate relating thereto by facsimile. and an,, such Power of Anorney or certificate bearing such iacsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to an) bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this lOtl-Oay of March 01989 Attest: av ••� O b +8� D.L. Banta. Assistant Vice President ••• 1�, STATE OF CONNECTICUT COUNTY OF HARTFORD THE CONTINENTAL INSURANCE COMPANY By Emil B Askew. Vice President On this 10th day of March 19 89beiore me personally came Emil B. Askew, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he sin his name thereto by like order. OPS► D. SEF 0 ' NOTAgY':Zs Gloria D. Seekins PsLtc * Notary Public q My Commission Expires March 31, 1993 CERTIFICATE I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO REBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is n017 -ow in force. Signed and sealed at the town of Farmington, in the State of C 11 BOND 4315M 12TH day of SEP EMBER 1 7 nnis lane. Assistant Vice President .1981 Printed in U.S.A. WHEREAS, heretofore, and on or about the 8TH day of DECEMBER 1988 1 IRVINE PIPELINE COMPANY, INC. , as Subcontractor, entered into a SUbWntraCt With E. L. YEAGER CONSTRUCTION COMPANY, INC. as General Contractor, for construction of 27 S.A.C. INLET LINE AND 24 TREAT- MENT PLANT OUTLET LINE herein referred to as Subcontract, and WHEREAS, the Subcontractor and The Continental Insurance Company, a New Hampshire Corporation, as Surety, made, executed, and delivered to said General Contractor their joint and several Maintenance Bond No. 158 86 01 dated JUNE 21, 1989 , in the amount of $ 209,264.00 , and NOW, THEREFORE, in consideration of One Dollar and other good and valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby agree as follows: The Maintenance Bond aforesaid shall be and it is hereby amended as follows: 1. The name of CITY OF TUSTIN & EAST ORANGE COUNTY WATER DISTRICT as Owner's shall be added to said Bond as a named Obligees', and said o<•mer's shall have the same rights under this Bond as the General Contractor named in said Bond. 2. The rights of the Owner's, as named Obligees', shall be subject to the condition precedent that the General Contractor's obligations to the Subcontractor be performed; provided, however, that the aggregate liability of the Surety under said bond, to the General Contractor and the Owner's as their interests may appear, is limited to the penal sum of said bond, and provided further, that the Surety may, at its option, make any payments under said bond by check issued jointly to the General Contractor and the Owner's. 3. Except as herein modified, said Bond shall be and remain in full force and effect. Signed, sealed and dated this CITY OF TUSTIN By: EAST ORANGE COUNTY WATER DISTRICT By: ' E. L. YEAGER CONSTRUCTION COMPANY, INC. BY • �• � A. H. ray,ecce arp, I read �r 21ST day of JUNE , 19 89. IRVINE PIPELINE COMPANY, INC. By: By: I�JT D. J. Picard, Attorney -In -Fact P/ The )ntinentalInsurancempany GENERAL POWER OF ATTORNEY Know all men by these Presents, ThatTHE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint D. J. Picard, Anaheim, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 13th day of January, 1989: `RESOLVED. that the Chairman of the Board. the vice Chairman of the Board. the President. an Executive Vice President or a Senior Vice President or a vice President of the company be. and that each or anv of them is authorized to execute Po..ers of Anornev qualti. ing the anorne% named in the given Power of Anornev to execute in behalf of the Company, bonds. undertakings and all contracts of suretyship; and that an Ass,stant Vice President. a Secretary or an Assistant Secretary be, and that tach or any of them hereby is. authorized to attest the execution of am such Power of Anorney, and to anac h thereto the seal of the Companv. FURTHER RESOLVED. that the signatures of such officers and the seal of the Companv mas be affixed to anv such Power of Attorney or to any certificate relating thereto by facsimile, and anv such Power of Attorney or certificate bearing such iacsimile signatures or facsimile seal shall be valid and binding upon the Companv when so affixed and in the future with respect to ani bond. undertaking or contract of suretyship to which it is anached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to hp signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this l0tt0ay of March 01989 •key InSL'R Attest: D.L. Banta. Assistant Vice President �8� ••• 1�1 STATE OF CONNECTICUT ss.. COUNTY OF HARTFORD THE CONTINENTAL INSURANCE COMPANY By L,J.- I& . ",Axj Emil B. Askew. Vice President On this 10th day of March 19 89belore me personally came Emil B. Askew, to me known, who being by me duly sworn. did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he si n his name thereto by like order. t, /IoNOTA,qy;?,r Gloria D. Seekins Notary Public Lfc ' My Commission Expires March 31, 199: CERTIFICATE I, the undersigned, an Assistant Vice President PoweTof AttHE Oneyl reENTAL mains nNfu IiorcJe andCE hasnotJYbeenNevokedew mandtre furthemore hatDO IEBY CERTIFY that the foregoing and attac ed the ,olution of the Board of Directors, set forth in the said Power of Attorney, is n� force. Signed and sealed at the town of Farmington, in the State of I1 BOND 431 SM 12TH day of SEP EMBER r �. nnis Lane. Assistant Vice President ,1989 Printed in U.S.A.