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HomeMy WebLinkAboutC-1973n n CITY OF ARCADIA � STORM DRAIN CULVERT RELINING PROJECT NO. 5633223 CONTRACT l '1 1. RVIVIN)RD070015 GB - STATE & LOCAL (505/507/660) (7/24/00) 0 INSITUFORM TECHNOLOGIES, INC. SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation "). I FURTHER CERTIFY that the Board of Directors of the Corporation has duly appointed the following persons as officers of the Corporation to serve in the capacity indicated: Anthony W. Hooper, Chairman of the Board, President and Chief Executive Officer Carroll W. Slusher, Vice President — North America I FURTHER CERTIFY that the following is a true and correct excerpt from the By -laws of the Corporation: "The officers of the corporation shall be a chairman of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected by or appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and attesting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe." I FURTHER CERTIFY that the President of the Corporation has, pursuant to the above authority, duly appointed (a) Gerald Addington to the position of Vice President — Project Management, (b) H. Douglas Thomas to the position of Vice President — Project Support and (c) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the foregoing have been fully authorized and empowered by the President of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, activities and work of the Corporation." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, this 4th day of December, 2002. L: \Appts & Certs \Rev Secy Cert (DThomas)120402.doc Insituform Technologies, Inc. 1 By: —� ThorU A. A. Cook Vice President, General Counsel & Secretary J INSITUFORM TECHNOLOGIES, INC. SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation "). I FURTHER CERTIFY that the Board of Directors of the Corporation has duly appointed the following persons as officers of the Corporation to serve in the capacity indicated: Anthony W. Hooper, Chairman of the Board, President and Chief Executive Officer Carroll W. Slusher, Vice President — North America I FURTHER CERTIFY that the following is a true and correct excerpt from the By -laws of the Corporation: "The officers of the corporation shall be a chairman of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected by or appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and attesting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe." I FURTHER CERTIFY that the President of the Corporation has, pursuant to the above authority, duly appointed (a) Gerald Addington to the position of Vice President — Project Management, (b) H. Douglas Thomas to the position of Vice President — Project Support and (c) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the foregoing have been fully authorized and empowered by the President of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, activities and work of the Corporation." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, this 4th day of December, 2002. Insituform Technologies, Inc. LAAppts & Certs \Rev Secy Cert (1)T1iomus)120402.doc By: Thorii A. A. Cook Vice President, General Counsel & Secretary G INSITUFORM TECHNOLOGIES, INC. SECRETARY'S CERTIFICATE I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Insituform Technologies, Inc., a Delaware corporation (the "Corporation "). I FURTHER CERTIFY that the Board of Directors of the Corporation has duly appointed the following persons as officers of the Corporation to serve in the capacity indicated: Anthony W. Hooper, Chairman of the Board, President and Chief Executive Officer Carroll W. Slusher, Vice President — North America I FURTHER CERTIFY that the following is a true and correct excerpt from the By -laws of the Corporation: "The officers of the corporation shall be a chairman of the board, a vice chairman of the board, a president, one or more senior vice presidents, one or more vice presidents, a secretary and a treasurer, each of whom shall be elected by the directors. Such other officers and assistant officers as may be deemed necessary may be elected by or appointed by the directors. In addition, the president may from time to time appoint such officers of operating divisions, and such contracting and attesting officers, of the corporation as he may deem proper, who shall have such authority, subject to the control of the directors, as the president may from time to time prescribe." I FURTHER CERTIFY that the President of the Corporation has, pursuant to the above authority, duly appointed (a) Gerald Addington to the position of Vice President — Project Management, (b) H. Douglas Thomas to the position of Vice President — Project Support and (c) Joann Smith and Denise L. Carroll as Contracting and Attesting Officers of the Corporation. Each of the foregoing have been fully authorized and empowered by the President of the Corporation: "(i) to certify and to attest the signature of any officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeline rehabilitation activities of the Corporation and all matters related thereto, including the maintenance of one or more offices and facilities of the Corporation, (iii) to execute and to deliver documents on behalf of the Corporation and (iv) to take such other action as is or may be necessary and appropriate to carry out the projects, activities and work of the Corporation." IN WITNESS WHEREOF, I have hereunto affixed my name as Secretary, this 4th day of December, 2002. Insituform Technologies, Inc. LAAppts & Certs \Rev Secy Cert (D Diomas)120402.doc By: Tho A. A. Cook Vice President, General Counsel & Secretary 0 RVPUBIDRD\570015 CITY OF ARCADIA STORM DRAIN CULVERT RELINING PROJECT NO. 5633223 CONTRACT GB - STATE & LOCAL (505/507/660) (7/24/00) PROJECT NO. 5633223 CONTRACT FOR THE CITY OF ARCADIA STORM DRAIN CULVERT RELINING PARTIES AND DATE. This Contract is made and entered into this )IM day of ,1��� _, 2063, by and between the CITY OF ARCADIA (hereinafter called the "Owner ") and Insituform Technologies, Inc. (hereinafter called the "Contractor "). 2, RECITALS. 2.1 The Owner is a charter City organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; 2.2 Contractor, in response to a Notice Inviting Bids issued by Owner on March 28, 2003 has submitted a bid proposal for construction the STORM DRAIN CULVERT RELINING described in the Contract. 2.3 Owner has duly opened and considered the Contractor's bid proposal, and duly awarded the bid to Contractor in accordance with the Notice Inviting Bids and the other Bid Documents, and has given written notice to Contractor on May 27, 2003. 2.4 Contractor has obtained, and delivers concurrently herewith, Performance and Payment Bonds and evidences of insurance coverage as required by the Contract. 3. TERMS. 3.1 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: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix Part "A" Part "B" Part "C" Ili Part "D" Part "E" Part "F" Part "G" RVPUB \DPD\570015 General Conditions Supplementary General Conditions Special Provisions Specifications (under separate cover) Drawings (under separate cover) Performance Bond Payment Bond CONTRACT - I GB - STATE & LOCAL (505/507/660) (7/24/00) 7 PROJECT NO. 5633223 3.4 Period of Performance. Contractor shall perform and complete all Work under this Contract within thirty Calendar Days, beginning ten (10) Calendar Days after the date on which the Letter of Award is sent by the Owner to the Contractor. Moreover, Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited the Project Schedule located in the Specifications. Contractor agrees that if such Work is not completed within the aforementioned period and /or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, including but not limited to the Project Schedule located in the Specifications, it is understood, acknowledged and agreed that the Ownerwill suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS ($ 250.00) PER DAY as provided by the applicable provisions of the General Conditions, found in Part "B" of the Contract Appendix. 3.5 Owner's Basic Obligation. Owner 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 Owner 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. 3.6 Contractor's Labor Certification. Contractor maintains 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. A certification form for this purpose is attached hereto as Exhibit "A" and incorporated herein by reference, and shall be executed simultaneously with this Contract. 3.7 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. 3.8 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. Contractor may not either voluntarily or by action of law, assign any obligation assumed by Contractor hereunder without the prior written consent of the Owner. RVPUB\DRD \570015 CONTRACT-3 GB - STATE & LOCAL (505/507/660) (7/24/00)