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11 CATCH BASIN INSERTS 07-07-03
AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: JULY 7, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF CONTRACT AGREEMENT REGARDING ENVIRONMENTAL SERVICES FOR MAINTENANCE OF CATCH BASIN FILTER INSERTS (402-6222) SUMMARY The approval of a Contract Agreement with United Stormwater, Inc. will provide the Environmental Services necessary for the Maintenance of Catch Basin Filter Inserts (402- 6222) previously installed as part of a separate contract. This contract will provide for the cleaning and maintenance of the 146 catch basins inserts installed in January 2003. RECOMMENDATION It is recommended that the City Council approve the Contract Agreement with United Stormwater, Inc., regarding the Environmental Services for Maintenance of Catch Basin Filter Inserts (402-6222) and authorize the Mayor and City Clerk to execute the Contract Agreement on behalf of the City. FISCAL IMPACT The annual cost for these maintenance services, including extraordinary maintenance activities, is approximately $60,000. These services will be performed during FY 03/04. The proposed FY 03/04 Public Works Department/Engineering Division's NPDES Operating Budget (402-6222) has adequate funds for this work. BACKGROUND The catch basin filter inserts provide for the capture of debris and pollutants generated from urban runoff. In order to achieve the maximum filtering effectiveness of the catch basin filter inserts, cleanings must be performed on a regular basis. The debris removed must then be weighed and categorized to identify potential sources of pollutants. The Total Maximum Daily Load (TMDL) allowances prescribed in the Santa Ana Region NPDES Permit limit the contribution of specific pollutants. The waste classification effort will provide the City with key information that can be used to reduce pollutants limited by this region's TMDLs. The present contract scope of work for maintenance of the previously installed catch basin filter inserts includes routine maintenance cleanings, sample analysis, disposal of waste, and extraordinary maintenance on a per occurrence basis. Approval of Contract Agreement Regarding Environmental Services for Maintenance of Catch Basin Filter Inserts (402-6222) July 7, 2003 Page 2 Proposals to perform environmental services for this project were requested from three (3) firms and two (2) proposals were received. Based upon review of the proposals, familiarity with the project scope and past performance on similar projects, it is recommended that United Stormwater, Inc. provide the environmental services required of this project. The fee for this project has been deemed fair and reasonable. The term of the contract is one year. However, upon approval of the City, one (1) year term extensions may be granted for up to a total of three (3) additional years. The Contract Agreement with United Stormwater, Inc., regarding Environmental Services for Maintenance of Catch Basin Filter Inserts (402-6222) is available for review in the Public Works Department. The City Attorney has reviewed and approved this agreement as to form. Ti~ I~. Serl Dirbc.,tor of Public Works/City Engine~ Dana Kasdan Engineering Services Manager TDS:DRK:ccg:Approval CA United Stormwater. doc SECTION C CONTRACT AGREEMENT FOR ENVIRONMENTAL SERVICES FOR MAINTENANCE OF CATCH BASIN INSERTS JUNE 1, 2003- JUNE 30, 2004 This agreement, made and concluded, in triplicate, this/~"day of between the City of Tustin, California, hereinafter called City, and Inc. hereinafter called Company. []~.,~c , 200:~ L~ed Storm Water, ARTICLE I. Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the c°nditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Company agreed with City to do all the work and furnish all the materials necessary to construct and complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the Company's proposal dated. April 17, 2003, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement: ARTICLE II. Company agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the 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 and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them. 1 S:\CIP Projects - Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc CONTRACT FOR ENVIRONMENTAL SERVICES FOR MAINTENANCE OF CATCH BASIN INSERTS JUNE 1, 2003- JUNE 30, 2004 CITY OF TUSTIN ROUTINE MAINTENANCE ITEM CONTRACT ITEM ESTIMATED UNIT UNIT TOTAL NO. DESCRIPTION QUANTITY TYPE PRICE PRICE $750.00 $ 750.00 1 Traffic Control & Lane Closure 1 L.S. Cleaning Service Procedures- $ 88.00 $51,744.00 2.1 Routine 588 EA. $450.00 $ 450.00 6.0 Database Records 1 L.S. TOTAL ROUTINE MAINTENANCE ONLY $52,944.00 PER OCCURRENCE Cleaning Services Procedures- $ 90.00 $. 2.2 Emergency (Min. 10) EA. Maintenance & Repair Services $368.00 $. 3.1 Remove & Replace Filter Device EA Maintenance & Repair Services $250.00 $- 3.2 Remove & Replace Filter Liner only EA. $205.00 $. 4.1 Sampling Analysis - Basic Analysis EA. $ 55.00 $. 4.2 Sampling Analysis - Metals STLC EA $ 60:00 $. 4.3 Sampling Analysis - TCLP EA Transportation & Disposal- $ 40.00 5.1 Non-Hazardous DRUM $ Transportation & Disposal- $ 40.00 $. 5.2 California H~Tardous DRUM Transportation & Disposal $ 40.00 $- 5.3 Federal Ha_~ardous DRUM 2 S:\CIP Projects - Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc ARTICLE III. City hereby promises and agrees with Company to employ and does hereby employ Company to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; 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. 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 or proposal of Company, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. ARTICLE V. 1. The CITY OF TUSTIN has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the City Engineer. The Company agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of Califor. nia. 2. The Company shall, as a penalty to the CITY OF TUSTIN, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by Company or any subCompany of Company) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 3. Section 1773.5 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract. 4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Company shall be fully responsible to ensure compliance with all the provisiOns of Labor Code §1777.5 for all apprenticeable occupations on the project. A Company or subCompany who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due. Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin. 5. The Company shall not employ, or allow work to be performed by, a subCompany who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws. 3 S:\CIP Projects -Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc 6. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Company shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Company shall, as a penalty to the City of Tustin, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Company or by any subCompany for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Company shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Company in connection with the public work. 7. Company agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Company further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general. 8. Company is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract. ARTICLE VI. In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Company agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Company acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Company to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Company in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Company or the Company's agents or subCompanys against the City. S:\CIP Projects - Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc ARTICLE VII. The Company shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Company to faithfully perform the work and all of Company's obligations under the contract, or by or on account of any act or omission by the Company or his agents or a subCompany or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin. The defense and indemnification by Company shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Company will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Company. In addition to any remedy authorized by law, so much of the money due the Company under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid. ARTICLE VIII. The Company shall take out and maintain during the life of the contract comprehensive automobile, pollution liability and general liability insurance that provides protection from claims which may arise from operations or performance under this contract. The amount of insurance shall not be less than the following: Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.00. The following endorsements must be indicated on all certificates of insurance: o The City of Tustin, its elective and appointive boards, officers agents and employees named as additional insureds in the policy as to the work being performed under the contract; 2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage; 3. The policy covers blanket contractual liability; 4. The policy limits or liability are provided on an occurrence basis; 5. The policy covers broad form property damage liability; 5 S:\CIP Projects -Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc 6. The pOlicy covers personal injury as well as bodily injury liability; 7. The pOlicy covers explosion, collapse, and underground hazards; 8. The policy covers products and completed operations; 9. The policy covers use of non-owned automobiles; and 10. The coverage shall not be cancelled nor materially altered unless thirty (30) days' written notice is first given to the City of Tustin. Prior to execution of contract, Company shall provide City with insurance certificate(s) with endorsements evidencing the insurance described above on City's form by companies rated Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. Workers' compensation insurance rated Grade B pr better and Class VII o_r better by the latest edition of Best's Key Rating Guide is acceptable. Additionally, the Company shall concurrently submit, with the bonds and insurance certificate(s) with endorsements, a certified copy of the most recent Certificate of Authority issued to the insurance and bonding companies by the California Insurance Commissioner. Company shall provide to the City within ten working days after the date of notice of award of contract the aforementioned insurance certificate(s) on City's form with endorsements, which must meet the requirements of the specifications and comply with the contract documents. Failure to comply with this requirement will result in annulment of the award, forfeiture of the proposal guarantee and City will pursue award to the next qualified responsive bidder. Company is advised that insurance certificate requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions. ARTICLE IX Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the City Clerk shall provide written notice within five (5) working days to the Company of the claim or summons and complaint. For purposed of this section, notice to the Company may be via facsimile, messenger or by first class mail and addressed to: Nothing herein obligates the City to provide notice of a claim or summons and complaint that does not clearly identify the contract or Company. ARTICLE X Prior to one hundred twenty (120) days before the end of the initial term of this contract, as prescribed in Section C, Company shall advise the City in writing of its intent to extend the term of the contract for an additional term of one (1) year to commence on the first (1st) day following the last day of the initial term and on the same terms and conditions as prescribed for the mutual term, or upon different terms which Company shall specify in writing. City shall, within thirty (30) days of receipt of such advice, notify Company in writing of its acceptance or rejection of such extension. The same provisions shall be applicable to each succeeding one (1) year term for a total of three (3) such terms. 6 S:\CIP Projects - Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN (SEAL) BY: Mayor of the City of Tustin CONTRACT AND BOND APPROVED' ATTEST: City Clerk of the City of Tustin Date APPROVED AS TO CONTENT: City Engineer Date Firm Name: COMPANY United Storm Water, Inc. (SEAL) By: TITLE: --D!recter of ©per~tinn.~ /"P-.g-~/'g ~ 7' Note: Attach proper acknoWledgment for signatures of authorized person(s 7 S:\CIP Projects -Active\402-6222 Catch Basin Insert\Bid Process -Contract Approval\Environmental Contract.doc ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF !_[~_ ~n~'J~S ) ~ 1~1' ~(~1~1On this I~ ~ day of ~ (~ 2003, before me, - ~ Dr'~ ?.CI~ , Notary Public, personally appeared Name(s.))of Si-gner(s) personally known to me - OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by .his/hedtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. KARLA I, MO ~~ Commi.ion#13R~~ets my hand and official seal. CAPACITY CLAIMED BY SIGNER: Signature of N~tary SIGNER IS REPRESENTING' Individual(s) Corporate Officers Title(s) Partner(s) General Partner of a Limited Partnership Attorney-in-Fact Trustee (s) Subscribing Witness Guardian/Conservator Other: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED TO THE BELOW: TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES: DATE OF DOCUMENT: SIGNER (S) OTHER THAN NAMED ABOVE: BOND PREMIUM BASED ON FINAL CONTRACT PRICE Bond No.,, SU5001163 Arnoul~t $52, _Q44.00 EXECUTED IN TRIPLICATE P~emium $953.00 CITY OF TUSTIN PUBLIC CONTRACT FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY' THESE PRESENTS; That United Storm Water. inc., as anti hereinafter referred to collectively as "Prine~ar', ar~ ~merica.n.__,_M. gtorists Iosurance Company a 13orporatJon or~lBrliZ:~l and existing underthe laws ofthe State crJ::.Illingis , and duly authorized to trensec~ surety busirtess in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the CRy of Tu~tin hereinafter referred to as the "City", in the sum of $q2,944.00 for payment of which Principal and surety bind themselves, their heirs, administrators, successom and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered into a cc3ntmct dated ~/~~ 1/~ , 20i~._~ with City to do and perform the following, generally describ-e~work, which]s more particularly described in said contract for the construction of: ENVlmoNMENTAL SER¥1CE$ FOR MAINTENANCE O.O..F_F CATCH BASlJ !...N._SERTS JU 2003. = JU_U_U 30, WHEREAS, all of such improvement~ are to be ¢onstru~ed and installed in accordance with the plans and specifications described, referred to and inoorporated in said contract; and WHEREAS, Prin~pal shall comme,ce and complete the construction and installation of such improvements as provided in said contraot; and NOW, THEREFORE, if Prinoipal shall faithfully perform all agreemerrts contained in the aforesaid contmc~ then this obligation shall be null and void. PROVIDED, HOWEVER, if Prinoipal shall not faithfully perform ali agreements contained in the hereinabove desoribed contract and all obligations, then this obligation shall remain in full force and affect. PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of t~rne, alteration or modirK:ation of the contract documents or of the work to be performed thereunder shall in any way affect Its obligatfon on this bond and it does hereby waive notice of any suc)h change, eXtension of time, aReration or modification of the contract do=umenta or of the work to be performed thereunder; and ~.~.lP Pmjc:c~ -AetJv-~402-6222 Caleb B,~ lnMJltGid P~u. Cut,act Appmval~.nvlranmenl~l Centra~dc~ PROVIDED FURTHER, 1flat in oase suit is brought upon this bond by the CitY or any other person who may bring an action on this bond, a reasonable attorney's fee, to be f-=ecl by the Court, shall be paid by Principal and Surety. IN W/TNESS WHEREOF, Principal and Surety have ceused these presents to be duly =igned end sealed this _2.2 i,,day of..Hay , 200.3 (SEAL) ~URE"T~: American Motorists Insurance Cpmpany BY: ~~ , ,, ^ttorney-in-Fa~t BY: __. Address of Surety: 7470 N. FigueToa p~. Los Angeles, CA. 90041 APPROVED AS; TO CONTENT: Date City Engineer Actdress of Principal; _'!,4000 E. ValLey Boulevard #B .City. of l_nduatrv, C...A 91_746-28.01 _ 877.7t7.8676 Note: Att,~h proper acknowledgment for I~tlt surety & Principal State of California County of Los Angeles On before me, 'Re ina Rangel, Nota Public, NAME, TITLE OF OFFICER personally appeared Geo~e Munana NAME OF SIGNER I 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(les), 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. OPTIONAL Though the data below is not required by laxv, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL BOND(S) CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT LIMITED NUMBER OR PAGES GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Mgtgrists Insurance Company Lumbermens Mutual Casualty. Company American Manufacturers Mutual Insurance Company bou J0n¢, & Associates SIGNER OTHER THAN NAME ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Jorge Correa, Leah S. Cripe, Michael E. Cundiff, George Munana, Raymond E. Gall, Susan E. Morales, Christina A. Clarkson, Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles, CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for accei~tance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. EXECUTED IN TRIPLICATE CITY OF TUSTIN PUBUC CONTRACT Bond No. SU5001163 , Amount $52.94_4.o0 Premium I__~.cluded W~th Performance Bond LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Un' .~d.. Sto_.l~ Water, Inc_, as and hereinafter referred to cOIleatively as "P~in=ipal", and America~ ~,.ptorists Insurance Company a corporatlOrl organized ~nd existlrtg underthe laws of{me State of ~~o±s ., and duly authorized tO lranmact surety business in the State of California, as and hereinafter referred to as, "Surety", are held and firmly I~ound unte the City of Tustin hereinafter referred tO aa the 'City", in the s~Jm of $ ..52.944,_00 for payment of which Principal and surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows; THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal has entered Into · contract dated ~'~ A.4--¢ i~ _. 200..3, with the City to do and perform the following, generally desc~]i~'wo~k' which is more particularly described in said contract for the construction of: :EI~VIRONMENTAL,, SER_.~ FOrE MAINTENANCE OI=. CATCH- ,BASIN INSE. RTS JU,,NE_ t_z 2003 ..,._ JUNE 30, 2D0.._,,~4 WHERF. AS, PrinCipal shall commence and complete the construction installation of ~u¢13 improvements provided In said contract;, and and NOW THEREFORE, if Principal shall pay the Company, his subCompany, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of suc~ improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shalJ be null and void. PROVIDED, HOV~-VER, if Principal shall not pay the subCompany and all persons renting equipment or furnishing labor or materiels to them for Such improvements for the full cost of SUCh improvemeats, or if Pt]rlcipal fails to submit amounL~ due under the State Unemployment Insurance Act with mspc~-t to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shal! inure to the benefit of all persons named in Civil Code section 3181. PROVIDED FURTHER, HOWEVER, that Surety stipuletea and agrees that no change, extension of time, alteration gr modification of the contract documents or of the work to be performed thereunder shall In any way affect its obligatien on this bond and it does hereby waive notice of any eucfl change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder, and 10 ~.',.CIP PmJe,~- A~e',,4a2~ Cal~ ~,~'n ir~art~k~ Pmc~- Canl~a~Al:~a~r~ranrr, erttal Ca~tr~:t. dao PROVIDED FURTHER, that in case suit is brought upon this bortd by the City or any other person named in Civa Code section 3181 who may bring an action an this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety, IN WITNESS WI-IEREOF, Prinoipal and Surety have caused these presents to be duly signed and sealed this 22 day of May .., 200~.3. (SEAL) APPRQVED AS TO FORM: C~ Attorney /~/'y ~ O SUR~ETY: American Motorists _I~sura. n~e __ (~~~ . Company '~-~e~~ana 7 At'torney-in-~'act Affomey-in-Fact Acidress of Surety: BY;... 7470 N. ~igueroa St. Los Angeles, C~ 90041 (SEAL) PRINC~J.: ire on'n Water inc. B . T APPROVED AS TO CONTENT: City Engineer Date.~.~ No[e: Address of Principal: 14000 E. Valley Boulevard ~.B City_ of_lndustw, CA 9i746-2801 ._ 877.717.8676 Atta¢~ proper ~,oknawledgmant~ fo,' both Surety & Principal 11 .~:~3tl~ PmJe~l~-,N~¥e~ Cal~. B~;e I~e~ld Preens- C. eatm~ AI)pm~.'a~JwJmam~'llal C~ntmcf_dec State of California County of Los Angeles On personally appeared George )klunana NAME OF SIGNER I Personally known to me - OR- before me, Rffina Ran£el, Nota~ Public, NmE, =w~. OF OFFICER 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(les), 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. (~ESS my hand a~.~cial -/ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL BOND(S) CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TrLE(S) PARTNER(S)~J ATtORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: LIMITED GENERAL NUMBER OR PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty. Company American Manufacturers Mutual Insurance Company Lou Jones & Associat¢~ SIGNER OTHER THAN NAME ABOVE POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Jorge Correa, Leah S. Cripe, Michael E. Cundiff, George Munana, Raymond E. Gall, Susan E. Morales, Christina A. Clarkson, Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles, CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set fOrth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for {~cceptance .0f process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Com~3any at a meeting duly called and held on the 23rd day of February, 1988: '"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any pow er of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page I of 2 Printed in U.S.A. IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary o.f the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian population of the United States or to influence the policies or conduct of the United States Government. The Act specifies that coverage for "certified acts of terrorism" must be made available in commercial property and' casualty, policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure of Availability of Coverage for Terrorism Losses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Share of Compensation for Terrorism Losses · The federal government will pay a 90% .share of an insurer's terrorism losses once the insurer h'as satisfied a significant aggregate 'annual deductible. For terrorism losses occurring in 2002, that deductible, is 1% of the insurer's 2001. direct earned premium. For losses occurring in 2003, 2004 and 2005, the'annual insurer deductibles are 7%, 10% and 15% of the prior year'S direct earned premium, respectively, The Act provides that neither insurers nor the federal government are responsible for~ losses associated with ,"certified acts of terrorism" once aggregate annual insured losses exceed.S100 billion'~ ~ ,, Disclosure of Terrorism Insurance Premium Your Bond premium charge for "certified acts of terrorism" coverage is $ _0. ., COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Company to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: I am aware of the provisions of Section 3700 of the Labor Code which reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee." COMPANY: United Storm Water, Inc. COMPENSATION INSURANCE CERTIFICATE TO BE SUBMITTED WITH CONTRACT 12 S:\CIP Projects - Active\402-6222 Catch Basin Insert\Bid Process - Contract Approval\Environmental Contract.doc C. ER,T'iF'iCAT~ON oF iNSURANCE AND DESIGNATION OF NAMED ADDITIONAL 'INeLJREO TO' CITY OF TUSTIN P,O, ,Sox 1089 Tushrt. CA ~27.q1-1 NAM-' AND ADDRESS O~' ImSURED C:~NTRACTOR, Uni:ed Storm Water, Inc. 14000 E. Valley Blvd. City of In,us:fy, CA 91746 _ omi, m _ mi .... -- NAME AND AODRta~2 OF IN~U~kNCE AGI=NCY' 3peara & company 15303 Ve~:ura Blvd., 7th Floo: lalq~dECT: ENVIRONMENTAL SERvI~I-~ FOR ~I~~CE DF CATCH -~tN l~S~-fa (~ 1, 2~>Ju~ 30. 2~ ....... --~ (MU~ ~AvE BES~ ~T,N¢ OF AT L~AST A, VII, WD~R$' COMPEnSaTION AT LE~T a. vii2 - _ . ...... COM~Y[~A. ZU:ieh Ame=&can Ins. Co. ...... . = .... 11 , __ COMPANY L~ E: COMPANY L~ F: L, NAIC: -- 26387 35076 2.000,000 S 50,000 -- 5,000 hra Datr~, Mem~eal C.~.. 1/~6/ r2 5258433 00 1 1 / 1 6 / 0 .c~) 1, __ ___ ............ Any Ail Owned KCS- 9 0 CA9948 Dmmr Um~re;l& Form 5258438 1/16t 2 EACH OCCURRENCE AND G~PL, OYER'R t. IA~III. ITY 5'7136~ 1/01/ ) 1/01/04 o! Ol:~erlb-nsfL,-,cat;gnr./Vei'ar.l, =A~pe=iil Iten~.. CERTIPICTE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS ABOVE PROJECT ~.~: ,~,.=~. 0S/28/2003 TOTAL P. Jun-13-ZO03 09:59~ From-$PEARE & CO, 9184649396 T-391 P,OO3/OD3 F-740 -. =oLICY NUMBER: GLO525843200 COMMERCIAL GENERAL LIABILITY · CQ 20 37 10 Ol THIS ENDORSEMENT CHANGES tHE POLICY. PLEASR P~AD IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This enaorsement enoaities tn~urmnce proe,aea unam ~he folio .~,~g: C~OMMERCIAL GENERAL LIABILITY CO¥~.RAGE PART. SCHEDULE Name of Person or organ&~-a=ion: CITY OF TUSTIN P.O. BOX 1089 TUSTIN,. CA 92781-1089 "Any person or organize:ion for whom you are performing ope:ca=eons when you and such person or or.)aniza=ion have agreed in wririn~ in a con=fac= or agremen~, prior ~:o :he performance of these opera~ions. :hat such person os organiza~lon De added as an addi=~onal insured on your polkcy." LOCATION AND DRSCRIPTION OF COMPLR'~ED 0PERATIONS: See Above Addl=ional Premium (If no entry appears above, =nform~uion required ~o complete =his endorsemen= w$11 be shown in ~he D.=clara:long as appl$cable endorsement.) Secu~on II - Who is and Insured ls amended ~o include as an insured the person or organiz&=ion shown in ~he Schedule, bu= only wi:h respect =o llabili~} arising ou~ of "your wc,rk" a= the lOcauion des~gna=ed and described in =he schedule of ~.hls endorsemen= performed for tha~ insured and included lz, uhe ,,produc=s-comple=ed operau£0n~ hazard" CG 20 37 I0 01 Copyrighu. ISO Properules, Inc., 2000 Page 1 of 1 Jun-13-ZO03 09:$6am From-SPEARE & CO, 8154646~98 T-391 P.OOZ/O03 F-T40 POLICY NUMBER: BAP 5258433-00 COMMERCIAL AUTO CA 20 01 'tO 01 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY' LESSOR- ADDITIONAL INSURED AND LOSS PAYEE This er~clorsemen! modifies ,nsurance provicte[, under the following: BUSINESS AuTO COVERAGE FORM BUSINESS AUTO PHYSICAL' DAMAGE C( JVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM with respect To coverage proviciecl by this enc~orsemem, the provisions of the Coverage Form apply unless merit- fleet 13v the enclorsement. This endorsement changes the policy effectiw on The Inception aate oT Tne policy umess another claT~ i:~ inciiL.aTed below. naorsement Effective: 1 1 - 1 6-13 2 UNITED STORM WATER, SCHEDULE BAP 5258433-0t} 11-16-02 Insurance Company Policy Number Efiectrve Date E~rmratlon Date Named Insured Actdress Additional Insurea (LesSoi') , Address 11-16-03 l-Designation or De- scriptIon of 'Leasecl Autos~ coverages. L!T.Ij3111Ty ef$on~J Iftjufy rotect~n (or equivalent n.o.fault coveraqe_) Comprel3ens~ve ! -Collision Specitiecl Causes of Loss INC. ,UNITED STORM WATER, INC. CA 91746 CITY OF TUSTIN P.O. BOX 1089 TUSTIN, CA 92781-1 089 14000 ~AST VA~J~EY BOULEVARD CITY OF INDUS PRY ~ _kS REQUIRED B'..' TJ{OSE ENTITIES WIT~ W}[O~ ~HE NAM£~) INSURED ~XECUTmS A WRITTEN CONTR ~CT. limit Of Insurance $ 1 ,,OOO O00 .Eact~ 'Acccien[' --. ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: For Each CQve~ecl 'L~asea ACTUAL CF SH VALUE OR COST Of= REPAIR WHICHEVER iS LESS; MINUS~ For Eaen C;overaci 'Lea~ect Auto' ACTUAL C/SH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS' For Each Covere~ "LeaseO (It no emry appears above, information requ.reci To complete This enc~orsement, wdl De Si3own tn [t3e Declarations as appl;cs, ble To tl3is enaorsement.)