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HomeMy WebLinkAboutC-2868CITY OF ARCADIA SHORT -FORM CONSTRUCTION CONTRACT ANNUAL SEWER CCTV INSPECTION PROJECT PROJECT No. 86332114 ��co -go c ORIGINAL This Contract is made and entered into this �_h day of , 2014 by and between the City of Arcadia, a municipal organization organized under the law of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 ( "City ") and Houston & Harris PCS, Inc., a California Corporation, with its principal place of business at 21831 Barton Road, Grand Terrace, CA 92408 ( "Contractor "). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. RECITALS A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. B. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing sewer pipe close circuit television (CCTV) inspection services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. C. City desires to engage Contractor to render such services for the Annual Sewer CCTV Inspection Project ( "Project ") as set forth in this Contract. The City and the Contractor for the considerations stated herein agree as follows: CONTRACT Parties. 1.1 City's Representative. The City hereby designates Tom Tait, Public Works Services Director, or his or her designee, to act as its representative for the performance of this Contract ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or here designee. 1.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City ( "'Contractor's Representative "). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and kc,,sed O� 12 for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval. 2. Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Greenbook Standard Specifications for Public Works Construction, latest edition. 3. Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the "Work "), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit "A" attached hereto and incorporated herein by this reference. Special conditions, if any, relating to the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference. 4. Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City. 5. Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract by June 30, 2014, beginning the effective date of the Notice to Proceed ( "Contract Time "). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of TWO HUNDRED AND FIFTY DOLLARS AND NO CENTS ($250) PER DAY for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 6. Standard of Performance: Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors Revised 05112 2 shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re- employed on the Work. 7. Substitutions / "Or Equal ". 7.1 Pursuant to Public Contract Code Section 3400(b) the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal." 7.2 Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty -five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty -five (35) days after award of Contract. If the City has specified particular deadlines prior to the thirty -five day period after contract award, such deadlines, if any, shall be set forth in the Special Conditions attached hereto. Provisions regarding submission of "or equal" requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed "or equal" substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. 7.3 The City has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted. Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. Revised 05/12 3 7.4 The Contractor shall bear all of the City's costs associated with the review of substitution requests. The Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of Intent and procure a State Water Resources Control Board (State Water Board) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (Permit). The Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to initiating work. The Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by Permit. It shall be the responsibility of the Contractor to evaluate and include in the Total Contract Price, the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the Total Contract Price the cost of monitoring as required by the Permit. 9. Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 10. City's Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 11. Compensation and Payment. 11.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of SEVENTEEN THOUSAND, FOUR HUNDRED AND THIRTY DOLLARS AND NO CENTS, ($17,430.00), ( "Total Contract Price ") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 11.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These Revised 0512 4 applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. 11.3 Contract Retentions. From each approved progress estimate, five percent (5 %) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. 11.4 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 11.5 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City. Re% iced 05'13 5 12. Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 13. Termination. 13.1 If Contractor fails to commence work as provided in this Contract, or fails to make delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the work in such manner as in the opinion of City's authorized representative will ensure a full compliance with the Contract within the time limit, or if in the opinion of City's authorized representative, Contractor is not carrying out the provisions of the contract in their true intent and meaning, written notice will be served on Contractor and its Surety to provide, within a specified time to be fixed by City's authorized representative, for satisfactory compliance with the Contract. If Contractor neglects or refuses to comply with such notice within the time therein fixed, he /she shall not thereafter exercise any rights under said Contract or be entitled to receive any of the benefits thereof, except as hereinafter provided, and City's authorized representative may, with the approval of the City Council, perform any part of the work or purchase any or all of the material included in the Contract or required for the completion thereof, or take possession of all or any part of the machinery, tools, appliances, materials and supplies used in the work covered by the Contract or that have been delivered by or on account of Contractor for use in connection therewith, and the same may be used either directly by City or by other parties for it, in the completion of the work. 13.2 City has the right to terminate or abandon any portion or all of the work under this Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and /or being abandoned. City shall pay Contractor the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Contractor of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. 13.3 Contractor may terminate its obligation to provide further services under this Contract upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Contract through no fault of Contractor. Rey ised 05 12 6 14. Completion of Work. When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code. 15. Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor. 16. Loss and Damage. Except as may otherwise be limited by law, the Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, 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 the same is fully completed and accepted by City. 17. Indemnification. 17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to tangible property or persons (including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip /slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its respective officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City and its respective officials, officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 17.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives, notwithstanding that no adjudication Rev ised 0S 12 7 of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 17.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or any other loss, damage or expense sustained, suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement, that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim, then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim, then the Contractor's obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. 17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract, Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers' compensation laws. 18. Insurance. 18.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 18.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage: (a) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; and (4) Builders %All Risk: Builders' /All Risk insurance covering for all risks of loss, including explosion, collapse, underground Revised 05/12 excavation and removal of lateral support (and including earthquakes and floods if requested by the City). (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000; per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000; per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000; per accident for bodily injury or disease; and (4) Builders %All Risk: Completed value of the project. 18.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (a) General Liabilitv. (1) The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it. (b) Automobile Liabilitv. (1) The City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (c) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (d) All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Revised 05 13 I 18.4 Builders'/All Risk Policy Requirements. The builders' /all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City. 18.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 18.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 18.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. 18.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 18.9 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 18.10 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract. 19. Bond Requirements. 19.1 Payment Bond. If required by law because the Total Contract Price exceeds $25,000 or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. 19.2 Performance Bond. If specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City. Revised 05/12 10 19.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If the Contractor fails to furnish any required bond, the City may terminate the Contract for cause. 19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 20. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 21. Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non - conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non - conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of Revised 05/12 such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non - conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 22. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal /OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 22.1 Immigration Reform and Control Act. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act ( "IRCA "). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor's employees, or the employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and /or any other claims based upon alleged IRCA violations committed by Contractor or Contractor's subcontractor(s). 23. Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. Revised 05'12 12 24. Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 25. Hazardous Materials and Dierinq Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 26. Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities. 27. Labor Code Provisions. 27.1 Prevailing Wages. Funding for the work is with local funds and, as provided under the Owner's Charter will NOT require compliance with the prevailing wage requirements. 27.2 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. 27.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic rate for that worker. 27.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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 Re, iced 0? 12 13 each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10 -day period, the Contractor shall, as a penalty to City, forfeit not more than $50.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on the Contractor. 27.5 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. 28. Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City. 29. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Anti -Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the Parties. 31. Claims of $375,000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code §§ 20104, et se q. 32. Claims. Pursuant to Public Contract Code Section 9201, the City shall provide the Contractor with timely notification of the receipt of any third -party claim, relating to the Contract. The City is entitled to recover its reasonable costs incurred in providing such notification. Revised 05/12 14 33. Prohibited Interests. 33.1 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 33.2 Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Work. 34. Certification of License. Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature. 35. General Provisions. 35.1 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: City Contractor City of Arcadia Houston & Harris PCS Inc. 240 West Huntington Drive 21831 Barton Road Arcadia, CA 91066 Grand Terrace Attn: Deen Buharie Attn: Pamela Houston Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 35.2 Time of Essence. Time is of the essence in the performance of this Contract. 35.3 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 35.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Revised 05 12 15 35.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 35.6 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 35.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 35.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 35.9 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 35.10 Governing Law. This Contract shall be governed by California law. Venue shall be in Los Angeles County. 35.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. 35.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 35.13 Attorneys' Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing Party in such action shall be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action. 35.14 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 35.15 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. Revised 05 12 16 IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed on the day and year first above written. CITY OF ARCADIA Dominic Lazzarett City Manager 4 PIE a �i - � I APPROVED AS TO FORM: `", Stephen P. Deitsch City Attorney Re% iced 05'12 17 HOUSTON & HARRIS PCS, INC. �'lz � V, , "; 6 '- Name: Pamela Houston, President Title Date: 11/08/13 Name: Elizabeth Butler, Contract Administrator Title Date: 11/08/13 CO CURj d� Tom Tait Public Works Services Director EXHIBIT "A" PLANS AND SPECIFICATIONS Table of Contents Title 1. SCOPE OF WORK ................................... ............................... 2. CONTRACTOR RESPONSABILITIES ......... ............................... 2.1. CCTV Inspection .............................. ............................... 2.2. On Call CCTV Inspection .................. ............................... 3. CCTV INSPECTION EQUIPMENT ............. ............................... 4. DOCUMENTATION AND REPORTING ....... ............................... 4.1. Reports ........................................... ............................... 4.2. Video Documentation ....................... ............................... 4.3. Electronic Reporting ........................ ............................... 5. CCTV INSPECTION CREWS ......................................... ............................... 6. TRAFFIC CONTROL .................................................... ............................... 7. RESIDENT NOTIFICATION ..................................................... I.................... 8. EMERGENCY NOTIFICATION ...................................... ............................... 9. COORDINATION ........................................................ ............................... RVPUBWEITSCH \740726.3 18 1. SCOPE OF WORK The work under this contract shall be performed in the City of Arcadia and shall include furnishing all labor, material, equipment, supplies, and services to complete all work required in these contract documents, construction specifications, and contract drawings. The purpose of this project is to produce a close circuit television (CCTV) inspection on the sewer lines as required city wide. The CCTV inspection work must be completed by certified National Association of Sewer Service Companies (NASSCO) Pipeline Assessment and Certification Program (PACP). Tasks included in the City of Arcadia's sewer system to be CCTV inspected approximately 38,000 linear feet of vitrified clay sewer pipe in diameter of 8 -inch to 15- inch diameter sanitary sewer with 95% of 8 -inch diameter, diversion of flow and bypass pumping as necessary; day or night work; collection of field data using WINCAN computer program; producing DVD with a complete written report. The area of this project is Arcadia city wide. 2. CONTRACTOR RESPONSABILITIES 2.1. CCTV Inspection CCTV inspection shall conform to Section 500 -1.1.5 of The Standard Specifications for Public Works Construction 2009 Edition. Sewer pipe will be jet cleaned by city crews prior to CCTV inspection. It is the Contractor's responsibility to prevent any spill, overflow, backup and /or interruption of service to the public. If a spill, and /or interruption /backup of service occur during CCTV inspection for any reason, the contractor shall be responsible for cost of repair and /or clean up and any fines, which may be levied against the Contractor or the City of Arcadia. Whenever conditions allow, television inspection shall be performed in a downstream direction. Television inspection shall be performed one sewer reach at time. Small reports to be prepared for each reach separately. No bypass night taping for higher loaded pipeline. Alternately, if a change in working hours is approved, the inspection may be performed during low flow periods between hours of 10:00 p.m. to 6:00 a.m., when the flow depth in the pipe is less than 10% the total pipe diameter. RVPUB \SDEITSCH \740726.3 19 The video inspection for each sewer reach shall begin with a pan of the starting manhole and end with a pan of the ending manhole. Following the pan of the starting manhole, the camera shall be moved into the sewer reach documenting the sewer conditions of the entire sewer reach including the manhole /pipe connections. The camera shall be moved through the pipeline in a downstream direction at a uniform rate, stopping when necessary, to properly document the sewer's condition. The camera shall stop at all services connections, abnormalities, damaged areas, or deficiencies observed in the pipe. While the camera is stopped at each service connection the camera lens shall pan into and around the connection and the focus shall be adjusted to view into the lateral as well as around the mainline /lateral connection. In no case shall the television camera be pulled at a speed greater than 30 feet per minute. If at any location it becomes necessary to move the camera upstream direction, the contractor shall discuss the situation with the City's Project Manager, and proceed only after obtaining approval. A full 360 degree pan of all manholes is required from bottom looking up. This video footage shall occur at the beginning of each pipe segment survey inspection from the bottom of the manhole panning up the manhole shaft. The Contractor shall cover the manhole opening to prevent too much light from entering the structure and to ensure a clear and focused view of the manhole interior. In instances when the manhole is the terminating, then the pan shall occur at the end of the pipe segment survey inspection. Video footage shall be taken centered on the pipe with the water level running horizontally. The camera shall run along the invert of the pipe and not at its side, unless it is passing a point obstacle. If extended driving on the side of the pipe is required, then either the pipe needs a more thorough cleaning or an observation should be noted from the PACP codes describing the nature of the obstacle. Telephones, radios, or other suitable means of communication shall be set up to ensure that adequate communication exists between members of the crew. Obstruction may be encountered during the course of the internal inspection that prevents the travel of the camera. If an obstruction is not passable, the Contractor shall withdraw the equipment and begin internal inspection from the opposite end of the sewer reach. If an obstruction is encountered (excluding protruding taps) after deployment of the equipment from the opposite end of the sewer and no means are available for moving the television camera past the obstruction, the Contractor shall notify the City's inspector and the inspection shall be stopped until the obstruction is cleared. The Contractor at no additional cost to the City, if necessary, shall perform a reverse setup. Should the camera gets stock on the sewer, the Contractor shall be responsible for all costs involved in extracting it. Cost related to difficulties encountered during interval television inspection are incidental to the Contract claims, therefore, will not be considered. RVPUB \SDEITSCH \740726.3 20 Sewer lines shall be televised and recorded by written and graphical log using WINCAN software and by DVD. All pertinent information not recorded in the DVD shall be noted in the written and graphical log. Starting time and completion time for each reach shall also be recorded. If a particular line is inspected more than once, then the Contractor shall include all versions of the inspections in the database. The MGO observation shall be used on all inspections except at the first occurrence. The Contractor shall provide an explanation for the additional inspections in the Remarks section. 2.2. On Call CCTV Inspection Contractor shall provide On Call CCTV Inspections when asked. Work shall be in accordance with previously stated requirements for CCTV inspection. Contractor shall provide full CCTV crew and equipment. The City forces will do jet cleaning prior to CCTV inspection. Contractor shall provide On Call CCTV Inspection within 24 hours of notification. The minimum duration of each On Call CCTV inspection shall be 3 hours starting when the crew arrives at the inspection location and ending when the crew leaves the inspection location. Contractor shall be paid one (1) hour travel time to the location. Payment for On Call CCTV Inspection paid according to the unit price established for such work under the contract document. The City reserves the right to increase, decrease, or completely eliminate On Call CCTV quantities without penalty. 3. CCTV INSPECTION EQUIPMENT CCTV equipment shall include television cameras, a television monitor, cables, power sources, and all equipments necessary to perform a CCTV inspection. Focal distance shall be adjustable through a range from 25mm (1 inch) to infinity. The remote - reading footage counter shall be accurate to less than 1 percent error over the length of the particular section of the pipeline being inspected. The distance is measured from the centerline of the manhole to the centerline of the next manhole. The camera and television monitor shall produce a minimum 460 lines of resolution. CCTV inspection shall be performed utilizing one of the following video camera systems: A)- 360x270 Degree Rotating -lens cameras; or B)- Pan - and -tilt cameras. The video camera shall be mounted on a skid, or transporter based on the conditions of the pipeline to be televised. RVPUB \S0EITSCH \740726.3 21 The television camera utilized shall be specifically designed and constructed for sewer inspection. The camera shall be operative in 100 percent humidity conditions. Lighting for the camera shall minimize reflective glare. Lighting and picture quality shall be suitable to provide a clear, in -focus picture of the entire periphery of the pipeline for all conditions encountered during the work. 4. DOCUMENTATION AND REPORTING 4.1. Reports The written report shall note the time and date of the video inspection, street name, upstream and downstream manholes, direction of view, direction of flow, lateral connections, DVD number, counter number, and detailed logging of defects encountered. Defective or abnormal segments of each reach shall be defined by the beginning and end stations from the center of the manhole immediately upstream. The type of defect or abnormality shall be accurately described, indicating the degree of severity, using a systematic rating system. Location, starting station, ending station, and depth of sags, shall also be indicated on the report. The station direction, and status (i.e. live, abandoned, capped) of all laterals shall be indicated in the log for each reach. At the completion of all CCTV inspection, a table shall be created ranking the damage severity of all the lines videotaped. Electronic version of all logs shall be submitted to the City using access Database. 4.2. Video Documentation The video shall include a continuous verbal narration, stating the project information, general pipeline conditions, and descriptions of all defects and details of all connections encountered. The video shall continuously display the street name, the upstream and downstream manhole numbers, the stations of the section of the sewer pipe being inspected, the date of the inspection, and the footage counter. Video files shall have a minimum resolution of 352 x 240 pixels and an interlaced frame rate at a minimum of 24 frames per second. In order to properly review and evaluate any sewer line abnormalities, the camera shall paused (for 5 to 10 seconds), focused, and panned around all sides of observed abnormalities. During the stoppage, a detailed description shall be entered into the reporting forms and an audio description of the abnormality recorded on the videotape. These abnormalities include, but are not limited to: cracks, offset joints, root intrusions, laterals, sags, or other deficiencies. RVPUB \SDEITSCH \740726.3 22 Video shall be included on DVD ROM in a data format. This format shall be MPEG latest version. All original DVD shall be submitted to and shall become the property of the City. DVD shall be reviewed by the Engineer for focus, lighting, sound, clarity of view and technical quality. Videos recorded while the camera has become inverted or when any portion of the field of view is blocked or blurred will not be accepted. Sharp focus, proper lighting, and clear audio description during camera operation shall be maintained. Failure to maintain these conditions will result in the rejection of the DVD by the Engineer. Any DVD not acceptable to the Engineer shall be re- televised at no additional cost to the City. Each DVD shall display the following information, at a minimum, at the beginning of each segment: • Number of starting manhole • Number of ending manhole • Street Name • Date of recording • Pipe diameter • Pipe material • Length of pipe sections • Distance of camera from the centerline of the starting manhole, continuously updated. The information shall be displayed at the lower center of the image in the following format: XXX MH XXX to XXX MH XXX Street Date, Diameter of Pipe, Type, Footage The distance from the centerline of the starting manhole shall be continuously displayed and updated. The Contractor is to ensure that the measuring tool is reset at the beginning of each manhole -to- manhole segment. 4.3. Electronic / Hard Copy Reporting Desirable electronic reporting includes sewer reach inspection reports, cross section schematics, video recording, and photographs. All files shall be delivered on CD -ROMs as well on hard copies in 3 ring binder sorted by date with date tabs clearly identify. Each inspected sewer reach shall be identified by numbers upstream and downstream manholes. JPEG images shall be captured at a minimum resolution of 640 x 480 pixels. RVPUB \SDEITSCH \740726.3 23 A minimum of TWO photographs of each defect shall be taken, one with a perspective view and one with a close -up view. Individual DVDs shall have labels according to the following format: City of Arcadia XXX MH XXX to XXX MH XXX W.O. # Street Name Date (From To) DVD No. CCTV Inspection Co. Any additional information shall be included after the mandatory info specified above. The naming convention shall be consistent throughout the project. 5. CCTV INSPECTION CREWS Video inspection shall be performed by a certified NASSCO PACP trained operator. 6. TRAFFIC CONTROL Traffic control within the City is the responsibility of the contractor shall conform to the requirements of the "Work Area Traffic Control Handbook" (WATCH), latest edition. City to provide necessary encroachment permits to perform work within the City right of way. 7. RESIDENT NOTIFICATION The Contractor shall minimize the impact of inspection work on residences in the area, including noise and access property. No resident notification will be required provided that the Contractor is successful minimizing noise and access impacts, as evidenced by the absent of complaints about operations. The City shall provide the Contractor with an authorization letter to show residents upon request. If complaints are received regarding the Contractor's operations, the Contractor will be requested to alter the operations to mitigate the complaints. If complaints persist, the City may terminate the contract if, in the opinion of the City, no good faith effort has been made to mitigate the problems. The Contractor shall pay special attention to all local jurisdiction rules and regulations, especially regarding activities during off -peak hours. The Contractor shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as a result of the Contractor's work. This is in addition to any and all costs incurred by the customer. The Contractor shall respect the rights of property owners, and not enter upon private property without obtaining permission from the owner of the property. RVPUB \SDEITSCH \740726.3 24 For manholes located in easements of private property, the Contractor shall provide the resident with 24 -hour advanced notice for easement access prior to entering the property, unless the resident provides immediate permission. 8. EMERGENCY NOTIFICATION The Contractor shall immediately notify the City whenever any of the following conditions are identified: partially or completely blocked pipes, pipe collapses, and missing pipe of any size. The Contractor shall contact the Engineer during the hours of work. The Contractor shall place a representative on call 24 -hours a day during the project period so that the City may contact them if any failures occur in areas where work has been conducted. The DVD and documentation for the damaged sections shall be made available to the City immediately upon request. 9. COORDINATION Contractor shall coordinate operations and cooperate with City staff or other Contractors working within or adjacent to the work site. Trenching, test section or repair work may be scheduled at the same time as CCTV inspection work. The Contractor shall coordinate and schedule work to minimize interference with or delay of the work. RVPUB \SDEITSCH \740726.3 25 LEGEND SEWER 1I TO BE CCTV C;ENOA sr GFNDA Sr X ALICE ST RO L.VCIIE Sl 1iY ' QuARTE R.GaawS rl. NORTE ST UK ENC 40 ti LY f'�2trti REENFIELDPL ELLEN Y'Y 3C0TT CFi LYUNC+AL,70PL re PL DEREK � y ;q t CHRISTINA ST CRYStVlWST4- TIFFANY i LELAND ',VV r. '- OR a i A CT.. TER 4 a _ tfyh s� MAGNA PATRYCIA a K 2 2 SKGRT A'JE U ` C Q MAGNA VISTA a S CONNIE - NICHOLAS C � j V44TAAV Ali AV WY L M f' LN A1'ORA K SIERRA LN MAGNIhIA ' NIAGNpLiA � ' LN CT ;r SIERRA OR DR ENiCIND G i. ,� �- �L SUR AV EL SLIR 5T i LINDA �f r, _ RPP 11 O Li _ N N ;.T;.Rr. 5T ILENE IL ENE- ILENE •j w '- LEDA LN i. r a co ,•_ A\f. :. CA611NQ cutnvz OR S PtAQi� TREE c a , -- A STANDISH ST ALTERN LN t LEC LN ... , STANDISIY ALTPRN Z 5 T ST 6 y > vALTERh fti„Ik -kN ALTEIw a PAMELA RD 4i ST ST PAMELA PAMELA Cl SHROPE ' SANTA PAMELA RU = `, .. 0 •'-. I PAMELA RD MR. = -, ST ANITA TER O � $ N a g d CAMINO Rc.4. u J O t J.' O •. f, r } W w wv WiHNIE wV WINNIE �wiw4IE,.. C -' VAVNIE ., VMINIE P/Y = u v.y 1La'}3 cli _ O ANNUAL SEWER CCTV INSPECTION n AND DATA REVIEW PROJECT F!9/10/1.3 X10 II W w� LOCATION MAP F -LIBUC WOWS SERVICES of 3 CEPARTMEnT L O_ Ix r-- N ci (0 04 r.- L) U) L Lu ca (L LEGEND SEWER MAIN TO BE CCTV SANTA ANITA 8 HUNn.N(-,Tm CHOJOBER, OF WtvirJERC E GOLF COURSE RECREATION & u N. COMMUNITY HUNTMIGTON SERVICES DEPARTMENT Opus ure RD -c 71 2 RO AV rAw."ji;w W LIBRARY o "v AAGADIA vlsr.% z 0 Z WASTE MAGNA VISTA AV - LA SIERRA DR 5 o LEROY LE WY LIE: w7y AV p NAOMI AV NA011444 PAWtA roz) CAM.10 RE:AL A, PAMELA RE! SANTA TE ANNUAL SEWER CCTV INSPECTION AND DATA REVIEW PROJECT CHWD Uy' NtOTH LOCATION MAP PUBLIC DEPAR-TWI41 VAORKSSEAvICE3 I HIS I 2 of 3 I r-- N ci (0 04 r.- L) U) L Lu ca (L 9 -9 , I . 7LN J C FOOTHILL FWY RTE 210 FOOTHILL 1�1 COLORADO a ST i OXF COLOWO NT i. CATALPA` RD ORD OR Or Ctb ALTUFLA q9. r.AAWIDGE OR LR 1AURJET7 HARVARD OR VOLANrg DIPHARVARD ANZA PL F:4 0b TALLkC co 0 0 OR D OR Hdoo GO OR ANNUAL SEWER CCTV INSPECTION AND DATA REVIEW PROJECT LOCATION MAP PUBLC W3RKI URWCES DEPARTIMIFNT I SANTA ANITA P A R I `�lcz- 1'11�qck LEGEND SEWER MAIN TO BE CCTV UAI L-9 /tufts fff" Wil CmK'D Iff: N tOH SCALE: NTS 3 of 3 00 04 ci co O L) Lu ED Z) D_ MOVIE A­ 0 RD oik ROSA RD AL016 IA 04 0 `!AouE-RO N�;ANTO Sr A,' It'll. ANCAAMA. ANZA PL F:4 0b TALLkC co 0 0 OR D OR Hdoo GO OR ANNUAL SEWER CCTV INSPECTION AND DATA REVIEW PROJECT LOCATION MAP PUBLC W3RKI URWCES DEPARTIMIFNT I SANTA ANITA P A R I `�lcz- 1'11�qck LEGEND SEWER MAIN TO BE CCTV UAI L-9 /tufts fff" Wil CmK'D Iff: N tOH SCALE: NTS 3 of 3 00 04 ci co O L) Lu ED Z) D_ EXHIBIT "B" SPECIAL CONDITIONS NOT APPLICABLE RVPUB\SDEITSCH \740726.3 29 Executed in Four (4) Original Counterparts Bond Number: 754831 P Premium: $436.00 Premium is for contract term and is PERFORMANCE BOND sub1'ect to adjustment based on final contract price KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City ") has awarded to HOUSTON & HARRIS PCS, INC. (hereinafter referred to as the "Contractor") an agreement for ANNUAL SEWER CCTV INSPECTION PROJECT (hereinafter referred to as the "Project "). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents "), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. Houston & Harris PCS, Inc. NOW, THEREFORE, we, the undersigned Contractor and Developers Surety and Indemnity Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of SEVENTEEN THOUSAND, FOUR HUNDRED AND THIRTY DOLLARS AND NO CENTS, ($17,430.00), said sum being not less than one hundred percent (100°/x) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or RVPUB\SDEITSCH \740726.3 32 (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of February , 2014. Bond effective date October 31, 2013 Houston & Harris PCS, Inc. CONTRACTOR/PRINCIPAL Name By- �� z SURETY: Developers Surety and Indemnity Company By: oia tf" 6 , a",U,4 _ Attorney -In -Fact Laurie B. Druck The rate of premium on this bond is $25.00 per thousand. The total amount of premium charges, $ 436.00 (The above must be filled in by corporate attorney.) RVPUMSDEITSCH1740726.3 33 Acknowledgement State of California County of San Bernardino On February 6, 2014, before me, Jaspreet Kaur, Notary Public, personally appeared Pamela Houston, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. IWA - ko"A- (Signature) ,! PREET KAUR COMM. #1900142 atr Poetic • cw.r-oFNw Mwy C,o„M,�nu9. ism, 20M (seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California ` /) SS. County of San Bernardino On February 5, 2014 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Laurie B. Druck Name(s) of Signer(s) PAIV EI A MCCARTHY COMM #1885009 NOTARY PUBLIC - CALIFORNIA IFORNIA 0? a SAN BERNARDINO COUNTY a �w My Comm. Expires April 30, 2014 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General • Attorney -in -Fact • Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ** *Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, Pamela McCarthy, jointly or severally * ** as their true and lawful Attomey(s }in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice - President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this May 23, 2013. \ I .. ,,,, •AND By: 4Z — -- <vS t /tiO ; oSpORgl _ -, Daniel Young, Senior Vice President , yJ ems: OCT• < :wa 10 n By: 1936 'Q regg N. 0 ice- President �aa State of California * ........... ,.••'' County of Orange On May 23 2013 before me, Gina L Garner Notary Public Date Here Insert Name and Tite of the Officer personally appeared Daniel Young and Gregg N. Okura Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 s, GINA L. GARNER � which the person(s) acted, executed the instrument p COMM. # 2021213 g W�W� NOTARY PUBLIC CAUFOfiPNA S I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is ORANGE COUNTY true and correct. M1r Comm. exgiret 1 ; 18.2417 WITNESS my hand and official seal. Place Notary Seal Above Signature Gina L. Gamer, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. 9y 4 This Certificate is executed in the City of Irvine, California, this % day offal tJ/ " ao 114 By: Q Mark J. Lansdon, Assistant Secretary ID- 1380(Rev.05/13) Executed in Four (4) Original Counterparts Bond Number: 754831 P Premium included in charge for Performance Bond EXHIBIT "C" PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or a resolution passed , 20 has awarded to HOUSTON & HARRIS PCS, INC. hereinafter designated as the "Principal," a contract for the work described as follows: ANNUAL SEWER CCTV INSPECTION PROJECT (the "Project "); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Developers Surety and Indemnity Company NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of SEVENTEEN THOUSAND, FOUR HUNDRED AND THIRTY DOLLARS AND NO CENTS, ($17,430.00), 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 said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of 30 RVPUB\SDE ITSCH1740726.3 payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the 5th day of February 2014 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. Bond effective date October 31, 2013 (Corporate Seal of Principal, Houston & Harris PCS, Inc. if corporation) Principal (Property Name of (Seal of Surety) (Attached Attorney -In -Fact Certificate and Required Acknowledgements) Contractor) By (Signature of Contractor) Developers Surety and Indemnity Company Surety By ( aulli,L Attorney in Fact Laurie B. Druck 1. `Note: Appropriate Notarial Acknowledgments of Execution by Contractor and surety and a power of Attorney MUST BE ATTACHED. 31 RVPUS\SDEITSCH1740726.3 Acknowledgement State of California County of San Bernardino On February 6, 2014, before me, Jaspreet Kaur, Notary Public, personally appeared Pamela Houston, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Signature) JASPREET KAUR �. COMM. #1900142 NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires Aug. 16, 2014 (seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California /) SS. County of San Bernardino On February 5, 2014 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Laurie B. Druck Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she _ executed the same in her authorized capacity, PAMELA MCCARTHY and that by her signature on the instrument the cc "� Cr)MI`vl. 1885009 >, person, or the entity upon behalf of which the person <. X' NOTARY PUBLIC . CALIFORNIA acted, executed the instrument. Arty CommRE XP its Apri 80 2014 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact • Trustee • Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "`Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, Pamela McCarthy, jointly or severally— as their true and lawful Attomey(s }in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this May 23, 2013. By: "AND "i" PANV Daniel Young, Senior Vice- President .............NOS' OM pc °y3;.�o�tQORgl� .may: �G ©Pk?0,9 T [� OCT. 5 O T t :w. 10 Ey. re99 N. 0 ice - President - o�, 1 93 6 ;moo; 1987 i'�7 �° /pyy p .•'' �La o Z State of California County of Orange �o On May 23 2013 _ before me, Gina L Garner Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Daniel Young and Gregg N. Okura Name(s) of Signer(s) who 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 GINA L. GARNER � which the person(s) acted, executed the instrument. COMM. # 2021213 f NOTARY PUBLIC CALIFOFHA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3: x- ORANGE COUNTY S true and correct. My Comm. expirm Msy 18.2017 WITNESS my hand and official seal. Place Notary Seal Above Signature Gina L. Gamer, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this % day o A H By: Mark J. Lansdon, Assistant Secretary ID- 1380(Rev.05/13)