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SANCON ENGINEERING II, INC. - 1998-11-16
st? !o 00, !a City g of Huntington Beach INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC hLw 4 •It 3•-2 c000 DATE: y•� •2boo The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. ILLELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. Date: 0/--'1R�_OBERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: —17-" 4 "__1�4 N N I E OCKWAY, City C erk I certify that there are no outstanding invoices on file. Date: S IIJENRICH, City Treasurer 10% Retention Payment 06/08/99 12:54 PM City of Huntington Beach 0 B INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT �--- _ CC ri C ���C�erv` DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. Lt, �. DAN . VILLELLA, Director of Finance I certify that no stop noti s are on file on the subject at this time. Date: � ZOBERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: zz ' 1 CONNIE BROCKWAY Cit Jerk I certify that there are no outstanding invoices on file. Date: (V-1 I 1 P al d ENRICH, City Treasurer El 10% Retention Payment 09/03/98 7:47 AM 4 4 a Recorded in the County of Orange, California Gar L Granville, Clerk/Recorder 11111III1JJ1111 No Fee r WHEN RECORDED MAIL TO: 20000123962 8:37AM 03/09/00 CITY OF HUNTINGTON BEACH 01 004 001 0.0 09 110 0.0 0 04 5 01 0 0.00 0.00 0.00 0.00 0.00 Office of the City Clerk 0.00 0.00 P. O.Box 190 Doc Types: 015 Huntington Beach;CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach,California to Sancon Engineering U,Incorporated who was the company thereon for doing the following work to-wit: CC-1096—Old Town Sewer Project,Phase 2 This project slip lined approximately 2,260 lineal feet of sewer line in the Old Town section of the city, generally bounded by Adams Avenue,Atlanta Avenue,Lake Street and Beach Boulevard That said work was completed February 22,2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, February 22,2000. That upon said contract Insurance Company of the West was surety for the bond given by the said company as required by law.This document is solely for the official business of the City of Huntington r Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge, ( 1 Dated at Huntington Beach,California,this 6th day of March,2000. City Clerk and ex-officio Clerk 7 of the City Council of the City of Huntington Beach,California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach,California,this 6th day of March,2000. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California WHEN RECORDED MAIL TO: CITY OF HUNTINGfON BEACH Office of the City Clerk P.O.Box 190 Huntington Beach,CA 92648 Tax-Exempt-Government Agency This document is eofaly 1br the C"IY OF HUNTINGTON 'BEACH oftiolal business of the City of Huntington Beach. as contem- �� plated under Government Coda Sec. 6103 and shoufd be reQpbed Deputy City Clerk - has of charge, /r� Recorded in the County of Orange, California l..fta&-Amle —P Gary L. Granville, Clerk/Recorder 11111 11111 1 111 1111 Jill No Fee WHEN RECORDED MAIL To: 19990264913 11 : 1$am 04/12/99 CITY OF HUNTINGTON BEACH 005 15015527 15 13 Office of the City Clerk N12 1 6.00 0.00 0.00 0.00 0.00 0.00 P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION Ice G NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of C X I Huntington Beach, California to Sancon Engineering II who was the company thereon for doing the following work to-wit: Old Town Sewer Project—CC-1096 That said work was completed March 15, 1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on I Monday,March 15, 1999. J B"� That upon said contract Insurance Company of the West was surety for the bond given by the said -4 company as required by law. C' This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 23rd day of March, 1999. City Clerk and ex-offi&Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 23rd day of March, 1999. City Clerk and ex-ofiicio Clerk = of the City Council of-*he City of Huntington Beach, California Tax-Exempt-Government Agency This document is solely for the CITY OF HUNTWC-70N BEACH r "' 9 b'!T,! oe_n of the City e Brockway.City Jerk :" '� L3n;alch, as contern- 7 Linder Cup sra r!�E�)ant Code BY• _.o. 6103 and should be recorded puty City Clerk free of charge. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 23, 1999 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. 'ncerely y�s��kJ Connie Brockway City Clerk CB/cg Enclosure: Notice of Completion— CC-1096 — Old To«-n Sewer Project — Sancon Engineering Il (Telephone:714-536-5227) PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) PUBLIC NOTICE bond for not less than 10% I am a Citizen of the United States and a of the amount of the bid, NOTICE INVITING made payable to the City resident of the County aforesaid; I am SEALED BIDS for of Huntington Beach. This CC•1006 is a Davis-Bacon project over the age of eighteen years, and not a Notice is hereby given and` Federal Regulations that sealed bids will be re- will be enforced. Any con- party to or interested in the below ceived by the City of Hun- tract entered into pursuant tington Beach at the office to this notice will inmpo- � clerk at city :rate ttie provisions,of the entitled matter. I am a principal clerk of of the Hall, 2 Main Street, Federal Labor Standards, the HUNTINGTON BEACH INDEPENDENT a Huntington Beach, CA r 92648, until the flour of which are On file at.ttu3 Ot• newspa er of general circulation rinted 2:00 PM on October floe of the Director of Pub- r P 13, 1998, at which time -Ifc. Works, 2000 Main and published in the City of Huntington bids,Wit be opened pub. Street, ,Huntington Beach, licly and read aloud in the CA 92648. Beach, County of Orange, State of Council Chambers for the , No bid shall be consid- O 1 d town Sewer erect unless it Is made On a California, and that attached Notice is a Prolect.Phase I in the form furnished by the City City of Huntington Beach: of Huntington Beach, De- true and complete copy as was printed This project is federally partment of Public Works, funded by the Community and-Is.made In accordance and published in the Huntington Beach Revelopment Block Grant with the provisions of the program and all requisites proposal requlrements. and Fountain Valley issues of said of Title 24 of the Code of c�tlbid er a;st prl�Federal Regulations apply newspaper to wit the issue(s) of: including Section 3, Part qualified as required-by 125 -(Directing economic law• opportunities to low-and The City Council of the vely low-income persons.) City of Huntington_Beach A set of plans,,specifics• reserves the right to reject tions, and contract docu• any or all bids. meets may tie, obtained By order of the City Coun-' October 1 , 1998 starting SeptaTbe .1 t; cil of the City of Huntington 1999 at City L#alt, 4 998"Depart. Beach,California the 8th of l b' ment_.of PQ6II4' pon September 1 . receipt of`a non-refundable Conrde Brockway fee of$10.00 sales tax in- City Clerk Of the City Of cluded, if picked up, or Hirn'tington each, $15.00if,mailed. - B2000 Main Street,; I declare, under penalty of perjury, that Each, bid shall be made t1114I636-5431. the foregoing is true and correct. on the Proposal Form pro- Published Huntington vided in the contract docu- Beach- Fountaln.Valley In- ments, and shall be at- dependent September 17, conrparded by a certified or .24,October 1,1998 caehier's check or a bid 093.979 Executed on October 1, 199q _ at Costa Mesa, California. Signature NOT7heriby , cluded, if picked up or LEY SEor $15.00 it mailed. Each bid shall be made' Noticgiven on the Proposal Form pro- that sealed bids will be re- vided in the contract docu- ceived by the City of Hun- meets, and shall be ac- tington Beach at the office companied by a certified or of the Clry Clerk- at City cashier's check or a bid Hall, 29 Main Street, Huntington Beach, GA bond for not less than 10% PILOT 92648, until the hour of of the amount of the bid, 2:00 PM on October made payable to the City 13, 1998, at which time of Huntington Beach. This bids will be opened pub. Is a Davis-Bacon project licly and read aloud in the and Federal Regulations Council Chambers for the will be enforced. Any con. Old town Sewer tract entered into pursuant Project-Phase 1 in the to this notice will incorpo- City of Huntington Beach. rate the provisions of the This project is federally Federal Labor Standards, funded by the Community,which are on file at the Of. Development Block Grant i rice of the Director of Pub. program and all requisites0ic Works, 2000 Main of Title 24 of the Code of Street, Huntington Beach, Federal Regulations apply CA 92648. including Section 3, Part No bid shall be consid. Client Reference tt 125 (Directing--economic ered unless it is made on a opportunities to low-and form furnished by the City very low-income persons.) of Huntington Beach, De- Independent Reference n 93 A set of plans, specifica.partment of Public Works, tions, and contract docu-and is made in accordance meets may be obtained with the provisions of th starting September 11,proposal requirements. 1998 at City Hall, Depart Each bidder must be li- ment of Public Works upor censed and also pre- receipt of a non-refundabi qualified as required by fee of$10.00 sales tax in law, The City Council of the City of Huntington Beach reserves the right to reject lease find clipping of yo r ad from the any or all bids. f1 By order of the City Coun-cn, beginning _ 9F/� cif of the City of Huntington Beach,California the 8th of September 1998. d to make any changes or corrections , p1 Connie Brockway at your earliest convenience. City Clerk of the City of d Huntington Beach, 2000 Main street,f this publication will be $ 17 (714)536-5431. Published Huntington Beach- Fountain valley In. your cooperation and patronage. dependent September 17, 24,October 1, 1998 093-979 Sincerely, t i>3udy Oetting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX DECLARATION OF SATISFACTION OF CLAIMS I, K%bP� uot,�.�IGSWo�e,TW , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully ac- -/696 described in the public works contract entitled Ot.D 1-0�-d^/ _<.EW410— ,RWDJ_4CA , and dated rOK 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of Califomia: (if none, state `'NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at VV_t'4-ri t'j on this 3 day of MA�96H 1994.' (Signature�ofCotractor) g-cc'cashccn2 B 1c; _ City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices,trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title V SArtci,,l 61,160WAI-R•-t4 2 ,,"C' g:cc cashconl tom. .i:: SECTION A NOTICE INVITING SEALED BIDS for the OLD TOWN SEWER PROJECT—PHASE 1 CASH CONTRACT No. 1096 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Tuesday, October 13, 1998, Bids will be publicly open in the Council Chambers unless otherwise posted, Copies of the Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $10.00 nonrefundable fee if picked up, or payment of a$15.00 nonrefundable fee if mailed. This is a Davis- Bacon project and Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. •T.P,,,.rC3 .I`fi' F`� A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 1998. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 1 have received Maintenance Bond No. 156 64 00 Insurance Company of the West for Sancon Engineering, Performance Bond No. 156 64 00 Insurance company of the West for Sancon Engineering and Payment Bond No. 156 64 00 Insurance Company of the West for Sancon Engineering. Re: CC-1096—Old Town Sewer project. Dated: By: - iNgMAINTENANCE BOND INSURANCE COMPANY OF THE WEST P.O. BOX 85563 -SAN DIEGO, CALIFORNIA 92138-5563 (619) 546-2400 (800) 532-3702 Bond No, 1 5 6 64 00 KNOW ALL MEN BY THESE PRESENTS: That SAN'CON ENGINEERING II , INC . as Principal, and INSURANCE COMPANY OF THE WEST a corporation organized under the laws of the State of CAL I F O RN I A and authorized to do a surety business in the State of C AL I F 0 RN I A as Surety, are held and firmly bound unto the CITY OF H U N T ICI G T 0 N BEACH , CA in the sum of ONE HUNDRED TWENTY-FIVE THOUSAND NINE. HUNDRED SIXTY DOLLARS (s125 .960 . 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: SEALED with our seals and dated this November 18 , 1998 _. WHEREAS, on the the said SANCON ENGINEERING II , INC . as contractor, entered into a contract for THE OLD TOWN SEWER PROJECT- Phase I [WITHIN THE OLD TOWN AND FLORIDAI UTICA ENHANCEMENT AREA (CC-1096) for the sum of ONE TWENTY-FIVE THOUSAND NINE HUNDRED SIXTY DOLLARS ($ 125 960 . 00 ); and, WHEREAS, under the terms of the specifications for said work, the said SANCON ENGINEERING I I - ' INC , is required to give a bond for ONE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED STXTY D T,T,ARS Q —On ), to protect the City of HLnti_n2ton Rpnrh . CA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until one year aft-pr the ri tw , acceptance thereof . NOW, THEREFORE, if the saki SANCON ENGINEERING I I , INC . -hall for a period of one year from and after the date of the completion and acceptance of same by said CITY OF H U N T I N G T O N REACH , CA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SANCON ENGINEERIN II INC , M ,V GAIL HUs CITY AT By' C INSURANCE COMP NY OF HE WEST e y By— Af� — Michael La gan , Uttorney in fact ICW-CAL-138 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County Of Los Angeles On Nov 18 , 1998 before me, Mar)z S_ Ami ri , Nozar.)z Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) ' l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose name ) is/ate subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his6 authorized capacity, and that by hisbbetltbackx signatureW on the instrument the person or the entity upon behalf of which the personal acted, executed the instrument. eseoeweeoeeeeeeeeeeeseeeeeeeeeeeeeee� MARY S. AMIRI G WITNESS my hand and official seal. G COMM.#1178731 R R ' NOTARY PUBLIC-CALIFORNIA S S LOS ANGELES COUNTY 2 My Comm.Expires April 5,2002 eeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee MNATIAEOFNOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Maintenance Bond nTLE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Nov 18 , 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrTY(IES) Insurance Company of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998. 4�GpyPAMy�f, INSURANCE COMPANY OF THE WEST 9 ,:1O0.PORA1ro ~ARCM #L. STATE OF CALIFORNIA xecutive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. J Jerry Fafaul � Janis Theodore CERTIFICATE: 1, John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 1 8 t h day of Nov. 1998 ?`kOpMPAMy�ffy IN RAN COMP N F THE WEST wl�,41`+CORPORArfo A ' 4144C}11.14R �ACIF00.N1AI I , ZIA- n rai sist t Secre ry ICW 37 Bond No. 156 64 00 INSURANCE COMPANY OF THE WEST I.C. W. PARK P. O. BOX 81063 SAN DIEGO, CALIFORNIA 92138 PERFORMANCE BOND Y,NOW ALL MEN BY THESE PRESENTS: That we, SANCON ENGINEERING II , INC . (hereinafter called "Principal") as Principal, ar ei Insurance Company of the West a corporation organ- ized and existing'under the laws of the State of California , and authorized to transact business in the State of CA (hereinafter called "Surety"), as Surety, are held firmly bound unto THE CITY OF HUNTINGTON BEACH , CA (hereinafter called "Obligee"), as Obligee, in the penal sum of ONE HUNDRED TWENTY—FIVE THOUSAND NINE HUNDRED SIXTY DOLLARS Dollars ($ 12 5 ,9 6 0 . 0 0 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. Signed, Sealed and Dated this 18 t h day of N Q v e mb e r 19 98 Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the day of , 19 for THE OLD TOWN SEWER PROJECT—PHASE I WITHIN THE OLD TOWN AND FLORIDA/UTICA ENHANCEMENT AREA (CC-1096) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above-named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect. SANCON ENGINEERING II , INC . Princf 1 C.1 y INSURANCE COMPANY OF THE WEST Suret r By— AA Michael R. La ganAtt ney-in-Fact ICW-CAL-122 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 State of California County of Los Angeles On Nov- 1 8 , 1 99 8 before me, Mary S Ami ri , Notary Publi DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan , NAME(S)OF SIGNER(S) l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personfA whose name ) is/ua subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hisAbjt� authorized capacity(, and that by his/A)mT signatureW on the instrument the person , or the entity upon behalf of which the personal acted, executed the instrument. �`.`"j"- :••^'"99C� n. ;•,;;00094eOQa #OOe O.'J ee WITNESS my hand and official seal. CC''.'i I. #r11?ui31 R ':3'APYPUKIC CALiFCPNIA S � 2 �y� �'`;;' 10S ANSELE3 C0jNTY 2 c S „. �,, ,�Ccm1,I.Expires April 5,2002 • ooaoococou000e.aooaasoae0esoes000sooa SIG TUREOFNOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Nov. 18 , 1998 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insurance- C.Inmpnny of tho West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE: SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)•in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998. ONPAAte INSURANCE COMPANY OF THE WEST \�-I)FPO AAT,4 4 _ AohnL. 414CHSTATE OF CALIFORNIA Executive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. 1 Jerry Fafaul � Janis Theodore CERTIFICATE. I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution_ IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 1 8 t h day of Nov. 1998 �4t0OMPANyOF,y INSLIRANCA COMP N F THE WEST `NOORPORAyF� T 44ACH 1.ilk 040F00.M" n rai , sist t Secre ry ICW 37 1 PAYMENT BOND—PUBLIC WORKS Bond No. 156 64 00 INSURANCE COMPANY OF THE WEST HOME OFFICE•SAN DIEGO KNOW ALL MEN BY THESE PRESENTS: That we, SANCON ENGINEERING II , INC . as Principal, and Insurance Company of the West incorporated under the laws of the State of California and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of ONE HUNDRED TWENTY—FIVE THOUSAND NINE I?UNDRED SIXTY DOLLARS Dollars, ($ 125 960 .00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, s.:ccessors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated , 19 , with the City of Huntington Beach, CA to do the following work, to-wit: THE OLD TOWN SEWER PROJECT-PHASE I WITHIN THE OLD TOWN AND FLORIDA/UTICA ENHANCEMENT AREA (CC-1096) Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the'State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attar ney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 1 8 t h day of November I'§8 SANCON ENGINEERING II , INC . A f-'1JK1_)"I17D E'3:0 TO FORAM Ill Principal C„ktL 11117TO'v INSURANCE COMPANY OF THE WEST CITY A'f"_'i :' Y Sure ! ly: i E DX ' i' 'C i ty At't0 By Michael Lang , Attorney-in-Fact ICW-CAI,-123 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County Of Los Angeles On Nov 18 , 1998 before me, Mar)z S- Ami ri Notary Puhlic DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan , NAME(S)OF SIGNER(S) 1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person>A whose name ) is/an subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/));tLfV authorized capacitys), and that by hislx signature(eA on the instrument the person or the entity upon behalf of which the personM acted, executed the instrument. eves-o^.n!aeeeoeeoeomaooeeoeeeos000ees� ,� kiARY S. A%!IRI • R .� CO�,..,tM. .r11787.,1 R WITNESS my hand and official seal. s N0T,*Y 1FU3LIc CALI'rCRNIA S 2 LOS.. Apri ELES 2 A1y Camel.Expires April 5,2002 r eoewa000eeeeeaaoeeoaaeeoaeeoeeoeeee SIG ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Payment Bond—Public Works TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR Nov 18 , 1998 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insuranre rnmpnny of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Insurance Company of the West HOME OFFICE: SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company, provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998 . µrA4y01 INSURANCE COMPANY OF THE WEST qRPORArto f #ohnL. 4+RcHCALIF0RNIL' STATE OF CALIFORNIA Executive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. a Jerry Fafaul � Janis Theodore CERTIFICATE: I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 1 8 t h day of Nov. 1998 ?ct°ow►�Nr''�y IN RAN COMP r F THE WEST `+OpFrOMrE� � , ~41VCH 1.1+' CALIFOO'N l� n raid, sist t Secre ry ICW 37 cilp, CCITY OF HUNTINGTON BEA /0)1- C,,,a,e%r»ne P� MEETING DATE: March 15, 1999 DEPARTMENT ID NUMBER: PW 99-014 Council/Agency Meeting Held: /s;� r'J �SfI ado.to D7A red/Continued to: proved ❑ Conditiona ly Approved ❑ Denied ,bepwy ?�dylerk's Signature Council Meeting Date: March 15, 1999 Department ID Number: PW 99-014 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrate PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work `QK. we4 ', DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept The Old Town Sewer Project; CC 1096 and File a Notice of Completion Statement of Issue,Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sancon Engineering ll, Incorporated, has completed its contract for the construction of the Old Town Sewer Project. Funding Source: Sufficient Community Development Block Grant funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Old Town Sewer Project at a final cost of $118,817.50 and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On November 16, 1998, Council awarded a contract to Sancon Engineering II, Incorporated, in the amount of $125,960.00. The adopted project budget also included $12,596.00 to cover potential change orders and $4,000.00 for supplemental expenses, for a total of $142,556.00 to construct the Old Town Sewer Project. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. 1096/notice of completion/RCA -2- 02/19/99 9:39 AM 1y REQUEST FOR COUNCIL ACTION MEETING DATE: March 15, 1999 DEPARTMENT ID NUMBER: PW 99-014 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $125,960.00 $110,080.00* 2. Change orders: 12,596.00 8,737.50 Subtotal: $138,556.00 $118,817.50 3. Supplemental Expenses: 4,000.00 0.00 Total: $142,556.00 $118,731.50 One change order was issued for this project: 1. Robotically grind protruding laterals and modify existing manhole. * Actual quantities for some bid items were less then estimated. Environmental Status: Not applicable. Attachment(s): NumberCity Clerk's Page Description 11. .done RCA Author: Charlonne 1096/notice of completion/RCA -3- 02/19/99 9:39 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Old Town Sewer Project; CC 1096 and File a Notice of Completion COUNCIL MEETING DATE: March 15, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Charlonne ;, & CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: JQ.yi[)IXrw TO: Sf n CDAI 6 Ca/�ee elA&!, SC ATTENTION: lyle l Ji X17}7,,W&Lj� Name DEPARTMENT: ?I-P15 de-46. 7&77 V6 TI)A/ (A7 . REGARDING: df Z091„ - DL o City,State,Zip L5L14/,d ✓ PKQT" 7— See Attached Action Agenda Item G -6� Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: 3�arzisleu p ►'V Name Dere_nt RC?y ,agreement _ InsuranceOther / Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other N e Department RCA Agreement Insuranc Other Risk Management Dept. Insurance Received by Name-Company Name- Date G:Followup/coverltr (Telephone:714536-5227) '$qy '�� �/�� �� psi r✓ CITY OF HUNTINGTO A �9 �er�6ue MEETING DATE: 11-16-98 DEPARTMENT ID NUMBER: PW 98-083 Council/Agency Meeting Held: SSA boo. (Da Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ 1-0 beOilryCity Clerk's Signature Council Meeting Date: 11-16-98 Department ID Number: PW 98-083 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: RAY SILVER, City Administrator/Executive Dirre*0W PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work -1 -c c)M + �41 AVID C. BIGGS, Director of Economic Development >�' r n SUBJECT: Accept Bid for Old Town Sewer Project; CC- 1096 F [Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment s Statement of Issue: On September 8, 1998, City Council authorized the "Call for Bids" for the Old Town Sewer Project; CC-1096. On October 13, 1998, staff received bids and now request City Council to award the contract to Sancon Engineering II, Inc. Funding Source: Sufficient funds for the Old Town Sewer Project are appropriated in CDBG account E-HR- ED-049-6-76-00. Recommended Action: Motion to: 1. Accept the bid submitted by Sancon Engineering II, Inc, 5841 Engineer Drive, Huntington Beach, CA 92649 And, 2. Authorize the Mayor and City Clerk to execute the contract for the Old Town Sewer Project; for a total bid amount of$125,960, And, 3. Authorize the Director of Public Works to expend $142,556 to cover contract cost of $125,960, estimated construction change orders of $12,596 and anticipated supplemental expenses of$4,000. 96RCA2CO.DOC -2- ��� 11/03/98 4:02 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 11-16-98 DEPARTMENT ID NUMBER: PW 98-083 Alternative Action(s): Reject all bids and direct staff to re-advertise or abandon the project. If the Old Town Sewer Project is abandoned, it would require the reprogramming of funds from the Community Block Development Grant (CDBG) program already awarded to the project. Analysis: Staff has completed its reference check for Sancon Engineering II, and has received favorable results from past clients. Sancon Engineering II, has worked for the City in the past with favorable results. On September 8, 1998, the City Council authorized the call for bids. Bids were received on October 13, 1998. Staff has reviewed the bids and they are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount 1. Sancon Engineering II, Inc. $125,960.00 2. Insituform Southwest, Inc. $129,065.00 3. Ortiz Corporation $192,530.00 Therefore, staff recommends that the Council accept the bid from Sancon Engineering II. The engineer's estimate for this project was $236,600, which is approximately 53% higher than the bid of Sancon Engineering II. Environmental Status: The Old Town Sewer Project is categorically exempt per section 15301 "B". Attachment(s): City Clerk's Page Number No. Description Location Map RCA Author: S. Krieger 96RCA2CO.DOC -3- 11/04/98 8:57 AM 12-14-1998 2: 16PM FROM EASTMAN AND CO 818 8432400 p lS,,, l P. 2 ti !v/ 1 C ACURD. „„ 17J14/98 n PRooucEll J� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Eastman& Company Ins Brokers /(a/9 P HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2550 N Hollywood Way Suite 201d 1,�✓e!� ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Burbank,CA 91505-1055 /� COMPANIES AFFORDING COVERAGE ��(p 9 COMPANY b A Valley Forge Ins Co um"D —` COMPANY Sancon Engineering 1),Xnc. s Transportation Insurance 5841 Engineer Drive COMPANY — Huntington Beach,CA 92649 C Continental Casualty COMPANY YS D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _w_ EMPATION LT`OR TYPE oFINOUNANCE POLICY IRIUBEN POLICYDATE(MU i �OM&POI UI A OfbEAAL LIABILITY GENERAL AOG11eGATE S 2 OOO 000 98)CO1029147116 081OV98 091OV99 X COMMERCIAL GENERAL LIABLITV PRODUCTS•COMPiOP AOG i 1 .00,000 t:7 CLAIMS MADE LT OCCUR PERSONAL a ADV INJURY L 1000 000 OWNER 3 a CONTRACTOR'S PROT EACH OCCURRENCE i 11000000 000 FIRE OA►IAGE(AEI are WO) s 50,000 M ED 6*(my one P +l s 5 000 B AUTOMOBILE UAINUTY COMBINED SINGLE LNMR ! 1,000,000 X ANY AUTO 98BUA1029144748 08/01/98 0WOV99 ALL OWNED AUTOS BODILYIWURY a SCHEDULED AUTOS (P«p Y= X 141REDAUTOS BoaLY INJURY X NON-OWWOAUTOa FORM.1 (Peread�ntJ = e PROPERTYDAMAGE i ' i GARAGE L IABILIT/ AUTO ONLY-EA ACCIDENT S ANY Auro y 'OTHER TI"AUTO ONLY: '� ,��,Y * ;ns.sp eD 1. y t'+-. ;c_ EACH ACCIDENT S _ AGGREGATE f B vL`assLIAOI 98CUP1036SU492 O1/ 08/OU99 EACH OCCURRENCE s 4000 00 X UMBRELLA FOAM AGGREGATE 3 4,000.000 OTHER THAN UMSR ELLA FORM = r C WORKERS COMPENSATION ANC X AWM T1 I rut DOLOVERS•L"UTT WC155939922 10/01/98 10/0V99 EL EACH ACCIDENT $ 1000 000 THE PROPRIETOR; INCL EL DISEASE-POLICY LIMIT S lmo.fm PARTNERSIEXECUTIVE OFFICERS ARE: RX EXCL EL DISEASE-EA EMPLOYEE S 1000 O00 OTHER DE'eRIPTION oP offilAnoNB1LOCATNNI3/YBIICLEE/aYECXAL LT>aLs The City of Huntington Beach its agents,officers&employees are named Additional Insured as respects to General Liability. Fax#714-734-1597 and 714-891-2S24 SHOULD ANY OF THE AODYE DB3CWK0 POUOU OE CANCELLED KFOIIE The City of Huntington Beach EAPIRATION DATE THEREOF. THE ISSIRNG COMPANY WILL � NAR. Public Works Department DAYS WRIT RA NOTICE TO THE C0%TNICAYE HOLDER NAMED TO"M LET. Attn: Christi Mendoza 2000 Main Street Huntington Beach,CA 926" AU EO RE►RESE)ITATME DEC-14-1998 14:19 818 6432400 97i P.02 12-14-1998 2: 17PM FROM EASTMAN AND CO 818 8432400 P. 3 CA(A n.•a r c.��.�_..�..x...� G-17957-C Sancon Engineering II, Inc. (Ed, 041a7) 98)CO1029147116 08-01-98/99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 10 is amended to a. 'Bodily injury- or 'property damage` occurring include as an insured any person or organization . after: (tailed additional insured) whom you are required to (1) All work on the project (other than service, add as an additional insured on this policy under. maintenance or repairs) to be performed by 1. A written contract or agreement; or or on behalf of the additional insured at the 2. An oral contract or agreement where a site of the covered operations has been completed: or certificate of insurance showing that person or organization as an additional insured has been (2) That portion of your work' out of which-the= issued; but _ injury or damage arises has been put to its the written or oral contract or agreernAnt must intended use by arty person o�-organgation other than another contractor or 1 en_ Currently in effecf or becoming etrecuve during' subcontractor engaged._,' in , performing the term of this policy; and operations for a principal as part of the Z. Executed. prior to the 'bodily injury', 'property same project damage'," 'personal injury' or 'advertising 5. "Bodily injury'or'property damage'arising out of injury. - acts or omissions of the' additional Insured provided to the additional insured is other than f connec on with the general B. The insurance p supervision of your work'. limited as follows: . 1. That 4. The insurance.provided to the addit_onal insured person or -organization is �0n.!Y -- + not apply to"bodily injury,1proQerty damage', additional insured with respect to Gabii_ ansing' personal injury', or 'advertising injury arising out out of `' of an araiited's, engineer's,or surveyor's rendering a. Your premises; of or failure to render any professional-services including: b- 'Your work-for that additional insured;or a. The preparing. approving, or failing to prepare c_ Acts or omissions of the additional insured or approve maps, drawings, opinions. reports. in connection with the general supervision surveys, change orders, cesign or Of your WC.A'_ specifications: and Z The Limits of Insurance applicable to the b. Supervisory, inspection- or engineering additional insure' are those specified in the services. written contract or agreement or in :he Oeclarations for this pc,."zy, whichever is ;ess. 5. Any coverage provided under this endorsement to These Limits of Insurance are inclusive and not an additional insured shall be excess over any in addition to the Limits of Insurance shown in other valid and collectible insurance available to :he Declarations. the additional insured whether primart, excess contingent c. ,;n any other oasis unless a contract 3. Except when required by contract or agreement, specific3lly requires that this insurance be pnmary. the coverage provided to the additional insured by this endorsement does not apply to: DEC-14-1998 14:20 818 8432400 97% P.03 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON ENGINEERING, INC. FOR THE OLD TOWN SEWER PROJECT-PHASE 1 WITHIN THE OLD TOWN AND FLORIDAIUTICA ENHANCEMENT AREA(CC-1096) THIS AGREEMENT is made and entered into on this 16� day of M j e 7n, J 1998,by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and SANCON ENGINEERING, INC., a California corporation,hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the Old Town and Florida/Utica Enhancement Area(CC- 1096), in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this AGREEMENT pertains is being assisted by the United States of America, and Federal Labor Standards Provisions are included in this AGREEMENT pursuant to the provisions applicable to such Federal assistance. The Housing and Urban Development Act of 1968, as amended in 1992, 12 USC 1701u, is referred to as HUD Section 3. Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low-Income Persons,provides HUD Section 3 contract clauses. The work to be performed under this AGREEMENT is subject to the requirements of HUD Section 3. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development ("HUD") assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible,be directed to low- and very low-income persons,particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 1 g/agree/cc-1 096/jmf/jn/10/28/98 NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK. The parties to this AGREEMENT agree to comply with HUD's regulations in 24 CFR part 135,which implement HUD Section 3. As evidenced by their execution of this AGREEMENT, the parties to this AGREEMENT certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under HUD Section 3, and will post copies of the Notice of Economic Opportunities for Low- and Very Low-Income Persons in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the HUD Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the HUD Section 3 contract clauses in every subcontract in compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 g/agree/cc-1096/jmf/jn/10/28/98 � 1 or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and(2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD Section 3 per 2_4 CFR part 135 may result in sanctions, termination of this AGREEMENT for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with HUD Section 3 covered Indian housing assistance, Section(b)of the Indian Self Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this AGREEMENT. 25 USC 450e section(b)requires that to the greatest extent feasible(1)preference and opportunities for training and employment subcontracts shall be given to Indians, and(2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this AGREEMENT that are subject to the provisions of HUD Section 3 and 25 USC 450e section(b) agree to comply with Section 3 to the maximum extent feasible. CONTRACTOR shall furnish, at its own expense, all labor,plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. 3 g/agree/cc-1096/jmf/jn/10/28/98 CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including,but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents 4 g/agree/cc-1096/j mf/j n/10/28/98 insofar as they relate in part or in any way, directly or indirectly, to the work covered by this AGREEMENT. "Contract Documents" as defined herein mean and include: A. This AGREEMENT; B. Bonds covering the work herein agreed upon; C. The latest edition of Standard Specifications for Public Works Construction,published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"),without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR,then this AGREEMENT shall control and nothing herein shall 5 g/agree/cc-1096/j mf/j n/10/28/98 be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed One Hundred Twenty-Five Thousand Nine Hundred Sixty Dollars ($125,960) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this AGREEMENT. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten(10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty(30)working days from the execution of this AGREEMENT by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this 6 g/agree/cc-1 096/jmf/jn/1 2/29/98 be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed A4ek One Hundred Twenty Fe v Thousand Nine Hundred Sixty Dollars ($125,960) as set forth in the . Contract Documents,to be paid as provided for by the terms and conditions of this AGREEMENT. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten(10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty(30)working days from the execution of this AGREEMENT by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this 6 g/a gree/c c-1096/j mf/j n/10/2 8/98 AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED. No work, services,material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to 7 g/agree/cc-1096/jmf/jn/10/28/98 Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall,prior to entering upon the performance of this AGREEMENT, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including,but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR,within ten(10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten(10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the PROJECT), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such 8 g/agree/cc-1096/jmf/jn/10/28/98 payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 9 g/agree/cc-1096/j mf/j n/10/28/98 Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the AGREEMENT shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. If CONTRACTOR and the laborers and mechanics to be employed in the classification(if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify,or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested 10 g/agree/cc-1096/j mf/j n/10/28/98 parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) In the event CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c) of this paragraph, shall be paid to all workers performing work in the classification under this AGREEMENT from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. 11 g/agree/cc-1096/jmf/jn/10/28/98 If CONTRACTOR does not make payments to a trustee or other third person, CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. CITY has ascertained from HUD the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this AGREEMENT, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this AGREEMENT. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from CONTRACTOR under this AGREEMENT or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, 12 g/agree/cc-1096/jmflj n/10/28/98 trainees and helpers, employed by CONTRACTOR or any subcontractor the full amount of wages required by the AGREEMENT. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the PROJECT), all or part of the wages required by the AGREEMENT, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased,HUD or its designee may, after written notice to CONTRACTOR, disburse such amounts withheld for and on account of CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary,hazardous, or dangerous to the worker's health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. CONTRACTOR shall take such 13 g/agree/cc-1096/jmf/jn/10/28/98 action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code,regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. APPRENTICES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration,Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other 14 glagree/cc-1096/jmf/jn/10/28/98 than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program, CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. TRAINEES. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the 15 g/agree/cc-1096/jmf/jn/10/28/98 provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the PROJECT). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 16 g/agree/cc-i 096/jmf/jn/10/28/98 CFR 5.5 (a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) 17 g/agree/cc-1096/j mf/j n/10/28/98 Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the AGREEMENT and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the AGREEMENT during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the AGREEMENT; The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required in this section; The falsification of any of the above certifications may subject CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If CONTRACTOR or subcontractor fails to submit 18 g/agree/cc-1096/j mflj n/10/28/98 the required records or to make them available,HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is,therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Dollars ($200)per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein,which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not 19 g/agree/cc-1096/j mfljn/10/28/98 restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall,within fifteen(15) days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT),notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment,the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this AGREEMENT to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed,but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 18. INDEPENDENT CONTRACTOR. It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR 20 g/agree/cc-1096/j mf/jn/10/28/98 shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation,unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. DIFFERING SITE CONDITIONS. (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Documents; of (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT,whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; (2) Time extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however,the time prescribed therefor may be extended by CITY. 20. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in 21 g/agree/cc-1096/j mf/j n/10/28/98 construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,if the actual quantities used are either more than or less than the quantities listed in the bid schedule,the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion,when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 21. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent(100%) of the value of the work completed since the commencement of the PROJECT, as determined by the DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five(35) days after the 22 g/agree/cc-1096/j mf/j n/10/28/98 acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 22. WITHHELD CONTRACT FUNDS: SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this AGREEMENT. 23. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working on the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 24. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 23 g/agree/cc-1096/j mf/j n/10/28/98 25. INDEMNIFICATION; DEFENSE,HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY,its officers, employees and agents from and against any and all liability, claims, damages,losses, expenses,judgments, costs and demands,however caused, including but not limited to concurrent active or passive negligence,those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 26. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code,which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease,policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fiunish 24 g/agree/cc-1 096/j mf/jn/10/28/98 to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 27. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees,while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less thaii the following amount: combined single limit bodily injury and property damage,including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 25 g/agree/cc-1 096/jmf/jn/10/28/98 28. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 26 g/agree/cc-1096/j mflj n/10/28/98 29. DEFAULT AND TERMINATION. If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon sach default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 30. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 31. NON-ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall 27 g/agree/c c-1096/j mf/j n/10/28/98 have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices,Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two,regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unfeimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 34. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such ply. 35. CAPTIONS. Captions of the sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT. 36. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this AGREEMENT is being executed is being assisted by the United States of America. Several contract provisions 28 g/agree/cc-1096/j mf/jn/10/28/98 embodied herein are included in this AGREEMENT in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes,rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 37. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this AGREEMENT. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. All rulings and interpretations of the Davis- Brown and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated in this AGREEMENT. 38. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this AGREEMENT shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR(or any of its subcontractors) and HUD or its designee,the U.S. Department of Labor, or the employees or their representatives. 39. CERTIFICATION OF ELIGIBILITY. By entering into this AGREEMENT, CONTRACTOR certifies that neither it(nor he or she)nor any person or firm who has an interest in CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon 29 g/agree/cc-1096/jmf/jn/10/28/98 Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this AGREEMENT shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,U.S. Criminal Code, Section 1010,Title 18,U.S.C. "Federal Housing Administration transactions",provides in part"Whoever, for the purpose of...influencing in any way the action of such Administration...makes,utters or publishes any statement, knowing the same to be false...shall be fined not more than$5,000 or imprisoned not more than two years, or both." 40. DISCRIMINATION• MINORITIES; ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race,religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 41. EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. 30 g/agree/cc-1096/j mf/j n/10/28/98 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color,religion, creed,national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four(4)years after their discharge and (2) qualified disabled veterans throughout their working He if they have a thirty percent (30%)or more disability. To ensure compliance with these requirements, CONTRACTOR shall provide CITY with its written affirmative action plan prior to commencement of work. CONTRACTOR is required to provide CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 42. COPELAND "ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this AGREEMENT. 43. IMPLEMENTATION OF CLEAN-AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this AGREEMENT were not listed, on the date of contract award, on the United 31 g/agree/cc-1096/j mf/j n/10/28/98 States Environmental Protection Agency(EPA)List of Violating Facilities,pursuant to 40 CFR 15.20. (b) CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) CONTRACTOR shall promptly notify CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this AGREEMENT is under consideration to be listed on the EPA List of Violating Facilities. (d) CONTRACTOR agrees to include or cause to be included the requirements of paragraph(a) thorough (d)of this Section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules,regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 32 g/a gree/cc-1096i j mf/j n/10/28/98 46. CONTRACT TERMINATION,DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the AGREEMENT, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 47. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the AGREEMENT are applicable shall be discharged or in any other manner discriminated against by CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this AGREEMENT to his employer. As used in this section, the terms "laborers" and"mechanics" include watchmen and guards. 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR,part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8)hours and standard workweek of forty(40)hours. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek 33 g/agree/cc-1096/j mf/j n/10/28/98 unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek,whichever is greater. As used in this Section, the terms "laborers" and"mechanics"include watchmen and guards. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 49. VIOLATION; LIABILITY FOR UNPAID WAGES, LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in Section 48, CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section 48, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section 48. 50. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any 34 g/agree/c c-1096/j mf/j n/10/2 8/98 moneys payable on account of work performed by CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Section 49. 51. SUBCONTRACTS. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Sections 48 through 51 and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Sections 48 through 51. CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 52. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 35 g/agree/cc-1096/jmfljn/10/28/98 53. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney fees. 54. ENTIRETY. The foregoing represents the entire AGREEMENT between the parties. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. SANCON ENGINEERING, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Nick DiBenedtto, President AND Mayor By: ATTEST: era14 Di enedetto �rdl�iir City Clerk / -/� REVIEWED AND APPROVED: APPROVED AS TO FORM: Cit inistrator fl*r (' p ity Attorney INITIATED PROVED: !f irector of Public Works 36 g/agree/cc-1096/jmf/jn/10/28/98 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON ENGINEERING, INC. FOR THE OLD TOWN SEWER PROJECT -PHASE I WITHIN THE OLD TOWN AND FLORIDA/UTICA ENHANCEMENT AREA(CC-1096) TABLE OF CONTENTS Page No. I. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 6 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 8 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGES 9 11. PREVAILING WAGE LAW 12 12. WITHHOLDING 13 13. HEALTH AND SAFETY 14 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 14 15. APPRENTICES AND TRAINEES 14 16. PAYROLLS &BASIC RECORD 17 17. LIQUIDATED DAMAGES/DELAYS 20 18. INDEPENDENT CONTRACTOR 21 19. DIFFERING SITE CONDITIONS 22 20. VARIATIONS IN ESTIMATED QUANTITIES 22 21. PROGRESS PAYMENTS 23 22. WITHHELD CONTRACT FUNDS 24 23. AFFIDAVITS OF SATISFACTION OF CLAIMS 24 24. WAIVER OF CLAIMS 24 25. INDEMNIFICATION; DEFENSE; HOLD HARMLESS 25 26. WORKERS' COMPENSATION INSURANCE 25 27. INSURANCE 26 28. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 27 29. DEFAULT &TERMINATION 28 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER 28 31. NON-ASSIGNABILITY 28 32. CITY EMPLOYEES AND OFFICIALS 29 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29 34. NOTICES 29 35. CAPTIONS 30 36. FEDERAL PARTICIPATION 30 37. DAVIS-BACON ACT 30 38. DISPUTES CONCERNING LABOR STANDARDS 31 39. CERTIFICATION OF ELIGIBILITY 31 40. DISCRIMINATION; MINORITIES; ALIENS 32 41. EQUAL EMPLOYMENT OPPORTUNITY 32 42. COPELAND "ANTI-KICKBACK"ACT 33 43. CLEAN AIR ACT 33 44. ENERGY CONSERVATION 34 45. HOUSING AND URBAN DEVELOPMENT 34 46. CONTRACT TERMINATION; DEBARMENT 34 47. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES 34 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 49. VIOLATION; LIABILITY FOR UNPAID WAGES 36 50. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 36 51. SUBCONTRACTS 36 52. LEGAL SERVICES SUBCONTRACTING PROHIBITED 37 53. ATTORNEY FEES 37 54. ENTIRETY 37 SECTION B =� INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested _therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. AM B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for OLD TOWN SEWER PROJECT—PHASE 1; CC-1096 CITY OF HUNTINGTON BEACH-DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders 4� In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 1 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who w}ll perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. The Contractor shall select one of the following seamless, jointless, tight fitting liner systems listed below for the rehabilitation of the existing sewer line. Trade Name GREENBOOK Section Process Insituform 500-1.4 Type A* Cured-in-Place Liner(CIPP Liner) InLiner 500-1.4 Type B* Cured-in-Place Liner(CIPP Liner) U-LINER 500-1.7* Deformed/Re-formed HDPE Pipe Liner NuPipe 500-1.10 Type A* Folded and Re-formed PVC Pipe Liner AM-LINER 500-1.10 Type B* Folded and Re-formed PVC Pipe Liner *Shall comply with Standard Specifications for Public Works Construction (GREENBOOK), 1997 edition, including the 1998 supplement, except as modified herein. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for B-3 each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 1t. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the award is contemplated. 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the iteffis of work to guaranteed, and this amount shall continue in full force and effect for the duration cif the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re-advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid B-4 package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. 19t Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening. (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY. 20. Questions to the Engineer Questions regarding the bid documents (i.e. plans, specifications, contract documents, bid forms, etc.)will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A. Questions asked of the Engineer after this time will not be addressed. B-5 SECTION C , PROPOSAL for the OLD TOWN SEWER PROJECT—PHASE 1 Within the OLD TOWN ENHANCEMENT AREA CASH CONTRACT No. 1096 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of.work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. Nil F, * 1 PROJECT BID SCHEDULE Item Estimate tem with unit price Extended No. Quantity written in words Unit Price Amount 1 2245 Line 8"host pipe per Specs. - • oo e lin ft @ T Dollars $,2S $ b 41A,0 No iro Cents Per lin ft 2 1410 Line 10"host pipe per Specs. O� Iin ft @ 7i l A,7-/ Dollars $ o $ 112.goo Cents Per lin ft 3 1 Traffic control per Specs. 00 ,po lump sum @ Twi_ayL /A A1Z>—D Dollars $ / V $ / o— fi'ND No/�o� Cents Per lump sum 4 1 Mobilization of equipment&materials(S1,000 max.) lumpsum @ O,✓iL 74caSA-nf0 Dollars $ 0019 $ ode Cents Per lump sum 5 1 Demobilization of equipment&materials($1,000 max.) lump sum @ omf! Dollars $ one $ A-n/D Nd�oo Cents Per lump sum 6 176 Re-open service laterals per specs. 2 0 each @ ONE Dollars $ /400 $ /74 AOV .4WD /p o Cents Per each 7 Not Used @ Dollars $ $ Cents Per 8 Not Used @ Dollars $ $ Cents r Per Total Amount Bid in Figures: $ /Z S 76 o Q` Total Amount Bid in Words: -rW—eW7v NMI* f f�.nrs�.�fl T i X y v ,•o ,i�� ♦ C-1s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find 8-Mus &mt> in the amount of$ p%v v< 6 to which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: ddendaVaT ===Date Received -=_-======= Bidder`s Si nature=Y _ C-z 1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. ame_anil A dress=nf Sr�bcontra ior- Sit&:L cense :_T1Vum�'ier� -= By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 I NONCOLLUSION AFFIDAVIT TO BE.EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange /V/GK V1 A&VFDET'77 , being first duly sworn, deposes and says that he or she is PAZ51D.5NT of -�W&.v Mot v44&,y4 jr,z vc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder -/ /AC'7 , gnature of Bidder 584! /G�-vim A- owrT.Jy rZ1,V .9 A-e-s4 CA. 9216IV q Address of Bidder h Subscribed and sworn to before me this day of , Igg<s— PEGGY E.SCAP&M COWA#10635,96 WaY Pub6a—C MOnla If ORANGE COUMY NOTARY PUBLIC My Comm.E �.nn2,1994 NOTARY SEAL C-4 i UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the OLD TOWN SEWER PROJECT — PHASE 1; CC- , (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar ivith the operation to be performed and the hazards involved." The undersigned also_promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: /JO /2 AS C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware*of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: /v tiz�ga C-7 / UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By, Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 i BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: SiFTIG•�l �/��/n/EFr AzG�yy T� , ,T•�G . Bidder Name .3"13,V fiY��•vF��2 ?.�,e �/E Business Address HQ,�„W6e�7-V,V &4cw-1 _ 9z��9 City, State Zip. ( T4 89/- 23z3 Telephone Number —731 79 7 `A ' State Contractor's License No. and Class Original Date Issued Expiration Date - The work site was inspected by&A 44,(�,^4(5tbA4-74 of our office on /o /S , 1999 . The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 12-9- day of O6"Bf� , 199,9 . Z QPEGGY E.SCANLON COMM.*1063636 Z NotciyPub10-CdRf=40zORANGECOLM1ly Comm.E*knJ!l12.1999 NOTARY PUBLIC _ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: G3.s�D clap D-L ' 774-W,nv t4AW* 1. C17-Y Of l,.os *V6-4z JX VAxl Naas , fA. Name and Address of Public Agency , Name and Telephone No. of Project Manager: -e141A/E Syr,«r-1 Cg/8) 756- 9�o I 10 J, coo P/PE L<NiW44- 74�I98 Contract Amount Type of Work Date Completed 2. C 174" of HU'V r f rr v f44Grf gyp° ST, Gr 4 �ru.�rn.rv��ny B.�-u�, o.4 . 92&s-s Name and Address of Public Agency Name and Telephone No. of Project Manager: 4e<csf 3y, 60� P.�E c��v�h/y gIy/g8 Contract Amount Type of Work Date Completed (pot f�•v72s�16�✓ D2sdfL 3. Ci-, o e CWr-;-Aiu1-- _ c-,_ 230/0 Name and Address of Public Agency Name and Telephone No. of Project Manager: R*,V 0- 233 ,fbo P•PE t-"V/ ✓4 Contract Amount Type of Work Date Completed C-10 ALL ITEMS BELOW MUST BE COMPLETED The requested items must be returned with the bid or your bid will be considered non- responsive. Bidder's name: SR�J��t/ •/G��/�he��/G 0,, /G. Bidder's address: ,60W, c4_ ay 3? Phone number: f1��) 8�1�- 2323 fax number: C7«) 9? - ZSZq Pipeline rehabilitation process (trade name) bid: (Choose one) 441_ LiV4,4 Copy of letter from the manufacture stating that: 1. The installer listed above is factory licensed and trained. 2. The factory has been inspected by the greenbook committee, including the date, and location of inspection. 3. SDR thickness supplied (minimum thickness SDR 32) Y2;S List of three certified laboratories that can perform the required ASTM testing. -:;The laboratories must be within the Los Angeles or Orange County area. Laboratory number 1: Name: SGS U. S. ZKSr7,A4 do. , -WG. Address: S:5-6-6' 7 �Gj Q4 W Ram; LDs ,gn/cF�s CA. 4cro(146 Telephone number: ��13) 939 -&o o Contact person: LA,e,R.s" Laboratory number 2: Name: -rrCh 1C_A& S' zV/4z_S Address: 3-SSS VayA-G,,Q s, 5oZ C.4 Telephone number: ��io� ?r13 - 7173 Contact person: R,�,✓j A40,eA Laboratory number 3: Name: oc vz -7-?_�s7- Gq oeit?a,¢r/ yNG. Address: 3913 E_ 4!!54-GLel_ AO-• hyWWe_11oi, GA. 92-So7 Telephone number: ��, 6 30 -3003 Contact person: C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135*. Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or t/� Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: SiMlCon/ An/4-t6/E.�,2�..�G Contact Person: doB f�LL��/�i Sc•-rm.¢, Contact Phone: 7,(4) $ /- 23 2 Signed: Date: /© *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-12 INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND BOND #148 65 68 KNOW ALL MEN BY THESE PRESENTS: That we, SANCON ENGINEERING I I , INC . (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of Ten percent of the total amount of the bid in -- Dollars ($ 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, exectors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about tp hand in and submit to the obligee a bid or proposal dated October 13 , 1998 for Old Town sewer Project — phase 1 cash contract #1096 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor _NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF,said principal and said Surety have caused these presents to be duly signed and sealed this 2 8 th day of September 19 98 SANCON ENGINEERING II , INC . INSURANCE COMPANY OF THE ST By __ kl / MICHAEL R. LAN N Attorney-in-Fact ICW CAL 120 (7/90) Insurance Company of the West HOME OFFICE SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of rthem, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature,and to attach thereto the seal of the Company, provided however,that the absence of the seal shall not affect the validity of the instrument FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile" IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized Officers this 30th day of July 1998 �4�pOMOANYp^,ry INSURANCE COMPANY OF THE WEST �!r RPO401% 4 z '�MCN i isX, / L STATE OF CALIFORNIA ohn L Hannum,Executive Vice President SS COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122 Jerry Fafaul Jams Theodore , CERTIFICATE I,John H Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy,is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 2 8 t h day of September 19 98 4E0QIAPANYor INSLIRANCA gCOMPNF THE WEST � ry or'OIRPOM7EQ 4 C'�UFOPN1. n rai sist t Secre ry ICW 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of California County Of Los Angeles On 9 /2 8/9 8 before me, Mari S Ami ri , Notary Public DATE NAME,TITLE OF OFFICER-E G,'JANE DOE,NOTARY PUBLIC" personally appeared Michael R. Langan NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persontA whose name ) Is/am subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same In his6h#jLX&igM authorized capacity , and that by his/ slgnatureW on the instrument the personiq psssssssssssssssssssssssssssssssssss• MARYS.AMIRI a or the entity upon behalf of which the G '�� COMM #1178731 R personM acted, executed the instrument S NOTARY PUBLIC-CALIFORNIA S 2 i LOS ANGELES COUNTY 2 a My Comm Expires April 5,2002 • :MSN••ss••••s•sss••N•s••sss•••N� WITNESS my hand and official seal. SICKATURE OF NOTARY r OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid bond TITLE OR TYPE OF DOCUMENT ' TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 n e ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER 9/28/98 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insurance Company of the West SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave,P 0 Box 7184•Canoga Park,CA 91309-7184 • �a City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax(714) 374-1573 ADDENDUM NUMBER ONE For Old Town Sewer Prooect- Phase I CC- 1096 September 24, 1998 Notice To All Bidders Please note the following clarification to the Construction Documents Information on how the City derived the estimate for the total of 176 service laterals forbidding purposes Estimated flow and depth of flow for each line along with a map showing the entire sewer system in the area is also provided for reference purposes only Line# Size(inch) Length(lin ft) Laterals(each) Peak Flow(gpd) Depth of flow(inch) estimated estimated estimated estimated A 8 375 24 11,960 3 B 8 200 9 16,300 2 C 8 350 13 16,300 2 D 8 350 20 16,300 2 E 8 300 19 5,000 2 F 8 350 32 11,900 3 G 8 320 28 13,300 3 H 10 350 10 46,400 4 1 10 340 13 90,900 4 J 10 390 5 92,900 4 K 10 330 3 167,200 6 These modifications do not change the Engineers Estimate nor the Bid Opening date/time for this project This is to acknowledge receipt and review of Addendum Number one, dated September 24, 1998 Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Steve Krieger at(714)536-5259 1096 addendum not Ir ALAO MA, q . 1 ]J 1't _ col 0- 1 .. _...._ -_ _. a _•- o . n. )a p: 7 y c � ' 'x 0. UNTINGTC:N �� �r 0 1 . •o bcb�1 t; y c �' R� r cis I e 4. �. ". pi � < i � � ✓�, � r � �� ' , '� r,l , i i.' I��f' ' I �'I ! r I, iilr ft Jtl. �i � a : I i r� 1 �•i ; r t r I �. r a.� CALIFONNIA ..1. 10 VCP. � � �rvANsloa oa � n, � A I I � r �, • ,r .0 0o JrODdj¢ a• ,�o~ m ,i�'c� , m , { � '� , II , I ' !-i � I ��� r !'-I !.r � ,i- I i r, r ,''t } r t.� I 'r I c o a 'i np ! DELAWARE �+ i hti..S+1ND8h13.1 C._ _ ti 0. , . `. •�'--""-.-•,.-"""">'.-•. Od � vl I��'rm i A .:; ��-`, � �'i J t 6{ f�, � � 1..1 I 'I } 'I �J , r ' i� 1 lii I r ,' I J� �r � I YI r �•� .C' ' I t. { 1 I _, 1 ASTV/EI�G b .... ' ' ; ,aa� a. ENGI.ANb T I l.c r 3T a .� -�i ..a... ,11,.1 r I S.I .I_Yl•I,7-r . i;;.� �6 .G„' i. ;�,�°�- ' P Z] Syr fS A � .•iK �✓/." ��� A j' L�.l �I �� i I;t,}'.I �i.,+tl nj . �,�. Rom► FLbRIDtt,t'j I '!! 1 ;4 y�'J le! '1 �iiS I S� '�: 11t I. "•O._gr ;<�, { '{ I:a.} )' ,r i t,1f >, .4•AS, 1.,, �.;1. P-' •.J :+ .�, �'i'" �,' �`'��� 'I � 'I IJ 1 ..57�� ++. r. -u�l. -! { I ti� (}7' � �✓ (J�' � 1 r i � _ � t.l J.� ; - •q., � .,, t „r ✓. � .t 8 t ( 1 �G`�EORGIA z, q5r., HEG rl�ll l.�.i,,. $ r c / , , r J,` .w..+..�r' ..•^ jNzr f ( (( AR) k - r ',f tr,� AiC � 3 1' r +I 9 Apt' '�,•)r-• ,,.,,. AC�ttit57-.GR. �• `<} 1 Ztfl� c r I . BEACH BLVD parr owM rv- a.n-` wan W ate,W ° > .;. A '1'1�M17 t� ` ` .y - ,c,t ,,,y' fL .,Iq•+°n,` t� J°+i '* ,r , , •890 � �� ,r �:of ,� ,N J City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For Old Town Sewer Project- Phase I CC- 1096 October 1, 1998 Notice To All Bidders: Please note the following revisions to the project specifications: SECTION C On sheet "C-11" of BIDDER'S INFORMATION replace 3. SDR thickness supplied(minimum thickness SDR 32) with 3. SDR thickness supplied (minimum thickness SDR 35). SECTION 600 500-1.1.1 General ' On sheet"E-13" Delete the fourth paragraph and replace with- The liner's wall thickness shall be calculated per ASTM F 1216-93, Appendix X1, "Fully Deteriorated Gravity Pipe Condition". The physical properties listed below shall be used for the ASTM F 1216-93 calculations. The Contractor shall submit with the bid one clear, accurate and legible copy of the calculations, signed by a registered Civil Engineer in the State of California. The minimum liner wall thickness allowable shall be 0.225 inches for 8 inch and 0.280 inches for 10 inch. If the calculations are not include with the bid proposal, the bid shall be considered non- responsive. Mean Diameter(D)= 8" and 10" Depth of pipe (H) =Assume 10' for 8" pipe and 20' for 10" pipe. Height of water above top of pipe (H,,)=Assume 5' for 8" and 10" pipe. H2O highway loads Soil Modulus (E'g) = 1000 psi Soil Density = 120 pcf Enhancement factor(K)= 7 Ovality= (q) 2% Factor of safety (N) = 2 Flexural strength (cr,) in accordance with ASTM D790. Provided by the proposed liner manufacturer. 96ADDEN2 DOC 1 Instantaneous Flexural Modulus (E,) in accordance with ASTM D 790. Provided by the proposed liner manufacturer. Long term Flexural Modulus (E J in accordance with ASTM D 2990. Provided by the proposed liner manufacturer. All other variables are per accepted industry standards or per the proposed liner manufacturer recommendation. To determine the thickness (t) of the proposed liner the following rearranged equation shall be used: (as determined by ASTM F 1216) 1/3 t=0.721D �N9tc) 2 ELRWB'Es 500-1.7.6 Installation and Field Inspection On sheet"E-18" Delete the sixth paragraph and replace with: Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122-90 to verify the wall thickness specified in the requirements of Section 500-1.1.1. 500-1.10.2 Type A Folded and Re-formed PVC Liner.On sheet "E-19" Delete the fourth paragraph and replace with Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122-90 to verify the wall thickness specified in the requirements of Section 600-1.1.1. 500-1.10 3 Type B Folded and Re-formed PVC Liner. On sheet "E-19" Delete the fourth paragraph and replace with. Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122-90 to verify the wall thickness specified in the requirements of Section 500-1.1.1. These modifications do not change the Engineer's Estimate nor the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum number two, dated October 1, 1998 Company Name By /o ISlpg Date All bidders must acknowledge the receipt of this Addendum with your bid proposal Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 96ADDEN2 DOC 2 american pipe & plasticsPO. Box 577, Binghamton, New York 13902 Phone 607 775-4340 1 nc. FAX 607 775-2707 June 11, 1996 Mr. Nick DiBenedetto, President Sancon Engineering, Inc. 5841 Engineer Drive Huntington Beach, CA 92649 Dear Mr. DiBenedetto: This is to certify that Sancon Engineering, Inc. is a licensed installer for the AM-Liner "folded and reformed" PVC pipe rehabilitation system in the Southern California area. Should there be any questions regarding this matter, please feel free to have any of your clients contact us . Sincerely, AMEN CAN PIP PLASTICS, INC. (Mrs . ) B . Zr1 ✓I1 General Manager cc: Sancon Engineering, Inc . file OCT 13 1998 10:48 FR AMER PIPE AND PLASTIC607 775 2707 TO SANCON P.02iO3 ameirican pipe & PlasticsPO.Box 677, Binghamton, New York 13902 Phone 607 775-4340 Inc_ FAX 607 775-2707 CE>EtTI)E'](.CATION This is to certify that AMERICAN PIPE&PLASTICS,INC_'s blending operation,pipe manufacturing facility and quality control procedures have all been reviewed and inspected by a APWA GREENBOOK pipeline rehabilitation committee team Quality Control Procedures American Pipe&Plastics provided copies of their Quality Control Manuals to the GREENBOOK Committee for their review and comments before the inspection trip The GREENBOOK Evaluation Team reviewed American Pipe&Plastics' Quality Control Lab in Kirkwood,New York on November 1, 1994. The written testing procedure manuals, equipment certification, sampling procedures, specimen preparation, and performance of all of the actual tests were witnessed and reviewed The tests were done on the incoming raw materials as well as the pipe samples for all of the required tests specified in the GREENBOOK_ All of these tests were witnessed by the GREENBOOK Review Team PVC Material Blending Facility The GREENBOOK Evaluation Team reviewed American Pipe&Plastics' material blending facility in Kirkwood,New York on November 1, 1994 The GREENBOOK Review Team witnessed the complete blending facility,the blending process, and their quality control procedures. AM-Liner Pie Manufacbming Facility American Pipe&Plastics'Manufacturing Facility in Kirkwood,New York was reviewed by the GREENBOOK Evaluation Team on November 1, 1994 The complete pipe manufacturing facility, the manufacturing process, and their quality control procedures were witnessed by the GREENBOOK Review Team. OCT 13 1998 10:49 FR AMER PIPE AND PLASTIC607 775 2707 TO SANCON P.03iO3 The GREENBOOK Evaluation Team consisted of representatives from the following agencies and departments- City of Los Angeles,Department of Public Works,Bureau of Engineering, Collection Systems City of Los Angeles General Services Department, Standards Test Laboratory City of Los Angeles Department of Public Works,Bureau of Construction Administration City of Los Angeles Department of Public Works,Bureau of Engineering, Structural Engineering City of San Diego,Engineering Department,Engineering Design Division City of San Diego Engineering Department,Engineering Design Division,New Materials Section. J - ;AN*Rl AN P PLASTICS, INC. Roberta Zurn CEO SUBSCRIBED AND SWORN TO before me this 13th day of October, 1998 Veronica Sennett Notary Public State of New York County of Broome ID No. 0 IS 16002957 Commission Expires 2-17-2000 ** TOTAL PAGE 03 ** OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AMLINER PIPE THICKNESS CALCULATIONS Thickness Calculations for 8 Inch AM-Liner AM-Liner Dimensions Liner Diameter (in.) 8 in Liner Thickness (in ) 0.246154 in Liner SDR 32.5 AM-Liner Physical Properties Initial Tensile Stress (psi) 4151 psi Initial Flexural Modulus (psi) 6000 psi Initial Flexural Modulus of Elasticity (psi) 154,595 psi Long-Term Modulus of Elasticity (psi) 108,750 psi Existing Host Pipe Characteristics Existing pipe fully deteriorated - Ovality (%) 2 % Soil Characteristics Type of Soil clay w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor (N) 2 H = Max soil height over pipe (ft) 10 ft Hw = Assumed height of water above pipeft 5 ft Sancon Engineering II, Inc HbcaIc r Qao�Ess,�� ERICR Nick DiBenedetto P E ti 2 �, 10/5/98 ® — a � z �' ~ � OLD TOWN SEWER PROJECT-PHASE I, CC1096 CITY OF HUNTINGTON BEACH AMLINER PIPE THICKNESS CALCULATIONS 1 . Determine the loading on the pipe using the modified Marston Formula and the Boussinesq Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (We) = Cd * w * Be * Bd (Marston Formula) Cd = loading coefficient Cd = 1 - eA(-2 * ku' * H/Bd) 2 * ku' e = 2718 H = Height of soil above pipe H = 10 ft ku' = 130 ku' = 013 w = soil density (psf) w = 120 pcf Bc = diameter of pipe (in) Be = 8 In Bd = trench width (ft) Bd = 2.67 ft Cd = 2.40 Dead Load (Wc) We = 510.99 Ibs/ ft. Live load (WI) = CI * P * (1 +1f) Cl = Live load coefficient (/ft) Cl = 0 001 P = wheel load (lb) P = 20000 lb If = impact factor If = 0.00 Impact factor = 766 - 133 * H WI = 20 Ibs/ ft ( 0 <=If<= 5) - Therefore: Total Load (Wtot = We + WI) I Wtot = 530.99 Ibs/ ft. Sancon Engineering II, Inc �p?�kO5E,s/O Hbcalc h Nick DiBenedetto, P E o'' a 10/5/98 F aF AL\F p� e OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AM-LINER PIPE THICKNESS CALCULATIONS 2. Determine External Pressure on Pipe Base equation: a (psi) = Yw* Hw+ Rw"We /D + WI/D Where: We = vertical soil load = Ys * H * D / 144 Modified equation a (psi) = Yw * Hw * 12in./ft. + Rw*Ys * H /144 + W1 / (D * 12in./ft. where: Yw = Specific weight of water (lb/in ^3 Yw = .0361 Win A3 Hw = Height of water above pipe ft. Hw= 5.00 ft Rw = Water Buoyancy Factor = 1-.33 Hw/H Rw = 0.84 Ys = Soil Density Ib/ft^3 Ys = 120 pcf H = Height of soil above pipe ft H = 10 ft WI = Live load lb/ft WI = 20 lb/ft D = Pipe Diameter in. D = 8 in Therefore: External Pressure on the pipe (qa) I I qa =1 A.331211 r i Sancon Engineering II, Inc. � Hbcalc TjQ�oe�EcKSo,,q P h 9 iBenedetto, P.E. W m 10/5/98 tr �9 orvi\. TF OF C AL\t�� J y ! OLD TOWN SEWER PROJECT-PHASE I, CC1096 . CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS 3A. Thickness Required for Buckling Pressure Base Equation a + C/N * 32*Rw*B'*Es*EI/D^3 ^.5 Modify the Base E uation by adding the following su stitution: El.,= Pipe Wall Stiffness Factor = El * t^3 /12 Modified Equation: t = 0.721 * D * N * a/C ^2/ EI * Rw* B' * Es ^.333 where: I = Moment of Inertia in^4/in = t^3/12 t = minimum liner thickness in D = Pipe diameter in D = . 8 in N = Safety Factor N = 2 a = extemal presure on pipe (psi) a = 9.33 psi Ovality of Pie % 2 % C = Ovality Factor = 1 - % ovalit /100 / 1 + % ovalit /100 ^3 C = 0.84 El = Long term modulus of elastict (psi) EI = .108,750 si Rw = Water Buo ance factor Rw = 0.96 B' = coefficient of elastic support = 1/ 1 +4*e^ -0.065 * H B' = 0.32 Es = Modulus of soil reaction (psi) Es = 1,000 psi H = Height of Soil above pipe ft H = 10 ft Therefore: The minimum AM-Liner thickness (tm;n) required is (tm-j. 0.14152 in. Am-Liner Size Dimension Ratio (SDR) of 32.5 Use AM-Liner with thickness (t) exceeding the required (tm;n) of t = 0.24615 in. Sancon Engineering II, Inc. H calc QRQFEs,q�o 'Nick DiBenedetto, P.E. �`�� �;o_lDERtc/r o�9< 10/5/98 T W = � GFlekE�e OLD TOWN SEWER PROJECT-PHASE I, CC-1096 . CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS - 10 Thickness Calculations for ; 10 Inch AM-Liner AM-Liner Dimensions Liner Diameter (in.) _ 10 in Liner Thickness in. 0.307692 in Liner SDR 32.5 AM-Liner Physical Pro erties Initial Tensile Stress (psi) 4151 psi Initial Flexural Modulus (psi) 6000psi- Initial Flexural Modulus of Elasticity (psi) 154,595 psi Long-Term Modulus of Elasticity (psi) 108,750 psi Existing Host Pi a Characteristics Existing pipe fully deteriorated Ovali % 2 % Soil Characteristics Type of Soil clay w = Soil density c 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor N 2 H = Max soil height over pipe (ft) 20 ft Hw = Assumed height of water above pipe ft 5 ft QR�F F S`510�: Sancon Engineering II, Inc. ��``��oERIQ o�9' Hbcalc c o m •z '*O-Nick DiBenedetto s�9 c1V1�Z`r 10/5/98 lF�F CA V� f OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OP HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS 2. Determine External Pressure on Pipe Base equation: a (psi) = Yw* Hw+ (Rw*Wc /D + WI/D Where: We = vertical soil load = Ys * H * D / 144 Modified equation a (psi) =Yw* Hw* 12in./ft. + Rw*Ys * H /144 + W1 / (D * 12in./ft. where: Yw= Specific weight of water (lb/in ^3 Yw = 0.0361 Ib/in^3 Hw = Height of water above pipe ft. Hw = 5.00 ft Rw = Water Buoyancy Factor = 1-.33 Hw/H Rw = 0.92 Ys = Soil Density Ib/ft^3 Ys = 120 pcf H = Height of soil above pipe ft H = 20 ft WI = Live load (lb/ft) WI = 20 lb/ft D = Pipe Diameter in. D = 10 in Therefore: External Pressure on the pipe ( a qa = 17.62 psi Sancon Engineering 11, Inc. �9pROFEss�o Ubca ��P ��E4ERIpt Nick DiBenedetto, P.E. fi m z % '� �/ O wAhc e r OLD TOWN SEWER PROJECT-PHASE 1, CC-1096 F CITY OP HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS - 10" 3A. Thickness Required for Buckling Pressure Base Equation a + C/N * 32*Rw*B'*Es*EI/D^3 ^.5 Modify the Base E uation ty adding the following substitution: El = Pipe Wall Stiffness Factor= El * t^3 /12 Modified Equation: t = 0.721 * D * N * a/C ^2/(El * Rw* B' * Es ^.333 where: 1 = Moment of Inertia (in^4/in = t^3/12 t = minimum liner thickness in D = Pipe diameter in D = 10 in N = Safety Factor N = 2 a = external presure on pipe (psi) a = 17.62 psi Ovality of Pie % 2 % C = Ovality Factor = 1 - % ovalit /100 / 1 + % ovalit /100 ^3 C = 0.84 El = Long term modulus of elastict (psi) El = 108,750 psi Rw = Water Buo ance factor Rw = 0.96 B' = coefficient of elastic support = 1/ 1 + 4*e^ -0.065 * H B' = 0.48 Es = Modulus of soil reaction (psi) Es = 1,000 Si H = Height of Soil above pipe ft 11 =1 20 ft Therefore: The minimum AM-Liner thickness (tm;,,) required is (t,,,in)_ 0.2373 in. Am-Liner Size Dimension Ratio (SDR) of 32.5 Use AM-Liner with thickness (t) exceeding the required (trwn) of t = 0.30769 in. si Sancon Engineering li, Inc. ��o�ILOER ctk cF 4 C.D v C > ick i Benedetto, P.E. �zw� 10/5/98 s'� < c i N 0��' ATTACHMENT 1 � QFn BOLSA AVE. i W r in Me ADDEN us VE. =EDINCE H y AVE. R NIL 5 $ 1 w AVE N � WARNER� W $ AVE, SLATER AVE. 405 A TALBERT AVE. PACIFIC 9�.e) ELLIS AVE. NOT TO SCALE � yq. GARFIELD AVE. N 1:1N! 0 �+O T AVE. ; 'Sr ADAMS AVE. N rc 7 IN AVE. TLAJc � Oq A ` AVE. Z HAM LT AVE, OCEAN \ L_L U Lf(���1\ I I rA / E f INA tl 00CL a a D °° �p I o nnuj > L� E O a �- [PlotStomp Evol] OLDTDMARDWG LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: ACCEPT BID FOR OLD TOWN SEWER PROEJCT PHASE 1; CC-1096 COUNCIL MEETING DATE: November 16, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below . . Only) RCA Author: S. Krieger RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH,CA W18 OCT 13 P I- Sq RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH,CA R% OCT 13 P 2: 00 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH,CA M8 OCT 13 P 2� 01 i91o (.:15- . Council/Agency Meeting Held: 9 6� loa Defe red/Continued to: AP ro ,d ❑ Con itionally.A p oved F enied .Zk:- y,O&7Y C lerk's Signature r -a��,vr Council Meeting Date: 09/08/98 Department ID Number: PW 98-036 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS M SUBMITTED BY: RAY SILVER, City Administratorao/z.,A C�:--< co r-) PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Worko� 7% >` c DAVID C. BIGGS, Director of Economic Development SUBJECT: APPROVE: PLANS AND SPECIFICATION FOR THE OLD TOWN> SEWER PROJECT- PHASE 1; CC-1096 Fsttemerit of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Request the approval of the final plans and specifications, and authorization to advertise for competitive bid for the Old Town Sewer Project- Phase 1; CC-1096. Funding Source: Sufficient funds for the Old Town Sewer Project- Phase 1 are appropriated in CDBG account E-H R-E D-049-6-76-00. The Engineer's Estimate is $236,600 for construction of this project. Recommended Action: Motion to 1. Approve the attached sample contract subject to award of contract to the lowest responsive / responsible bidder. And, 2. Approve final plans and specifications, and direct the City Clerk to advertise the Old Town Sewer Project- Phase 1 for bid. ,9 REQUEST FOR ACTION MEETING DATE: 09/08/98 DEPARTMENT ID NUMBER: PW 98-036 Alternative Action(s): Deny approval of the Old Town Sewer Project- Phase 1. This would require the reprogramming of funds from the Community Development Block Grant (CDBG) program already awarded to the Old Town Sewer Project. Analysis: The eleven existing 8 and 10 inch diameter sewer lines have been videotaped and reviewed by staff, revealing that the existing pipes have numerous cracks, and holes that require correcting. Staff has concluded that in-place slip lining, which will minimize the construction impacts on the existing residential neighborhoods, can rehabilitate the sewer lines. The Old Town Sewer Project- Phase I, was reviewed and recommended as an improvement project by the Citizen's Advisory Board to the City Council at its April 6, 1998 meeting. When the City Council approved its Consolidated Plan for the Community Development Block Grant and HOME programs; the One-Year Action Plan for the 1998- 99 grant year was approved at the same time. The Department of Public Works and the Department of Economic Development seek City Council approval of final design specifications and authorization to advertise for bids. Final design specifications are on file in the Public Works Department for review. The project was endorsed by the Public Works Commission on August 19, 1998. Environmental Status: The Old Town Sewer Project is categorically exempt per section 15301 "B". Attachment(s): NumberCity Clerk's Page Description Sample Construction Contract Location Ma RCA Author: SEK 1096 rca 1 contractor.doc -2- 08/11/98 4:29 PM ATTACHMENT 1 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE OLD TOWN SEWER PROJECT -PHASE 1 WITHIN THE OLD TOWN. ENHANCEMENT AREA (CC-1096) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 6 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 8 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGES 9 11. PREVAILING WAGE LAW 12 12. WITHHOLDING 13 13. HEALTH AND SAFETY 14 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 14 15. APPRENTICES AND TRAINEES 14 16. PAYROLLS &BASIC RECORD 17 17. LIQUIDATED DAMAGES/DELAYS 20 18. INDEPENDENT CONTRACTOR 21 19. DIFFERING SITE CONDITIONS 22 20. VARIATIONS IN ESTIMATED QUANTITIES 22 21. PROGRESS PAYMENTS 23 22. WITHHELD CONTRACT FUNDS 24 23. AFFIDAVITS OF SATISFACTION OF CLAIMS 24 24. WAIVER OF CLAIMS 24 25. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 25 26. WORKERS' COMPENSATION INSURANCE 25 27. INSURANCE 26 28. CERTIFICATES OF INSURANCE; ADDITIONAL,INSURED 27 29. DEFAULT & TERMINATION 28 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER 28 31. NON-ASSIGNABILITY 28 32. CITY EMPLOYEES AND OFFICIALS 29 33. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29 34. NOTICES 29 35. CAPTIONS 30 36. FEDERAL PARTICIPATION 30 37. DAVIS-BACON ACT 30 38. DISPUTES CONCERNING LABOR STANDARDS 31 39. CERTIFICATION OF ELIGIBILITY 31 40. DISCREVIINATION, MINORITIES, ALIENS - 32 41. EQUAL EMPLOYMENT OPPORTUNITY 32 42. COPELAND ACT 33 43. CLEAN AIR ACT 33 44. ENERGY CONSERVATION 34 45. HOUSING AND URBAN DEVELOPMENT 34 46. CONTRACT TERMINATION; DEBARMENT 34 47. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES 34 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 35 49. VIOLATION; LIABILITY FOR UNPAID WAGES 36 50. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES 36 51. SUBCONTRACTS 36 52. LEGAL SERVICES SUBCONTRACTING PROHIBITED 37 53. ATTORNEY FEES 37 54. ENTIRETY 37 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE OLD TOWN SEWER PROJECT -PHASE 1 WITHIN THE OLD TOWN. `_ .ENHANCEMENT AREA (CC-1096) THIS AGREEMENT is made and entered into on this day of 1998, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the Old Town Enhancement Area(CC- 1096), in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this AGREEMENT pertains is being assisted by the United States of.America, and Federal Labor Standards Provisions are included in this AGREEMENT pursuant to the provisions applicable to such Federal assistance. The Housing and Urban Development Act of 1968, as amended in 1992, 12 USC 1701u, is referred to as HUD Section 3. Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low-Income Persons, provides HUD Section 3 contract clauses. The work to be performed under this AGREEMENT is subject to the requirements of HUD Section 3. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by the U.S. Department of Housing and Urban Development ("HUD") assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible,be 1 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK. The parties to this AGREEMENT agree to comply with HUD's regulations in 24 CFR part 135, which implement HUD Section 3. As evidenced by their execution of this AGREEMENT, the parties to this AGREEMENT certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under HUD Section 3, and will post copies of the Notice of Economic Opportunities for Low- and Very Low-Income Persons in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the HUD Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the HUD Section 3 contract clauses in every subcontract in compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a 2 SAMPLE g/agree/cc-1096/jmfljn17/30/98 finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD Section 3 per 24 CFR part 135 may result in sanctions, termination of this AGREEMENT for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with HUD Section 3 covered Indian housing assistance, Section(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this AGREEMENT. 25 USC 450e section(b)requires that to the greatest extent feasible (1)preference and opportunities for training and employment subcontracts shall be given to Indians, and (2) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this AGREEMENT that are subject to the provisions of HUD Section 3 and 25 USC 450e section(b) agree to comply with Section 3 to the maximum extent feasible. 3 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this AGREEMENT, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this AGREEMENT and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this AGREEMENT based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. 4 SAMPLE g/agree%c-1096/jmfljn/7/30/98 It is agreed that the Contract Documents are incorporated into this AGREEMENT by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this AGREEMENT. "Contract Documents" as defined herein mean and include: A. This AGREEMENT; B. Bonds covering the work herein agreed upon; C. The latest edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3 05 5 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTORs proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 5 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 Should there be any conflict between the terms of this AGREEMENT and the bid or proposal of CONTRACTOR, then this AGREEMENT shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this AGREEMENT, subject to any additions or deductions made under the provisions of this AGREEMENT or the Contract Documents, a sum not to exceed ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this AGREEMENT. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10)working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within working days from the execution of this AGREEMENT by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this AGREEMENT and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. 6 SAMPLE g/agree%c-I 096/j mf/jn/7/30/98 CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this AGREEMENT. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7 SAMPLE g/agree/cc-1 096/j mf/jn/7/30/98 7. NOTICE TO PROCEED. No work, services, material, or equipment shall be performed or furnished under this AGREEMENT unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall, prior to entering upon the performance of this AGREEMENT, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1)year after CITY's acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. CONTRACTOR unconditionally guarantees all work done under this AGREEMENT including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten(10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten(10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 8 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 10. 141114' M WAGES. All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the PROJECT), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly)under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: provided that the employer's payroll records 9 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster(WH-1321) shall be posted at all times by CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the AGREEMENT shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If CONTRACTOR and the laborers and mechanics to be employed in the classification(if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 10 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) In the event CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11 SAMPLE g/agree/cc-I 096/jmfljn/7/30/98 The wage rate(including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or(c) of this paragraph, shall be paid to all workers performing work in the classification under this AGREEMENT from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If CONTRACTOR does not make payments to a trustee or other third person, CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found,upon the written request of CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program(Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. CITY has ascertained from HUD the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this AGREEMENT, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates 12 SAMPLE g/agree/cc-1096/jnSjn/7/30/98 to all workers employed on this AGREEMENT. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from CONTRACTOR under this AGREEMENT or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by CONTRACTOR or any subcontractor the full amount of wages required by the AGREEMENT. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the PROJECT), all or part of the wages required by the AGREEMENT, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to CONTRACTOR, disburse such amounts withheld for and on account of CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 13 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to the worker's health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. APPRENTICES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or 14 SAMPLE g/agree/cc-1096/jrnfljn/7/30/98 her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of app?entices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State 15 SAMPLE g/agree/cc-1096/jmgjnn/30/98 Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. TRAINEES. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event 16 SAMPLE g/agree1cc-1096/jmf/jn/7/30/98 the Employment and Training Administration withdraws approval of a training program, CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the PROJECT). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and 17 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a parry to the contract, but if the agency is not such a party, CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the AGREEMENT and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the AGREEMENT during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either 18 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the AGREEMENT; The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required in this section; The falsification of any of the above certifications may subject CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 19 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 17. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ )per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen(15) days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the AGREEMENT), notify the DPW in writing of the cause of the delay and CITY shall extend 20 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 the time for completing the work if, in its judgment, the findings of fact thereon justify the delay, and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this AGREEMENT to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors,will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 18. INDEPENDENT CONTRACTOR. It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 19. DIFFERING SITE CONDITIONS. (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this AGREEMENT or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this AGREEMENT. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this AGREEMENT, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the AGREEMENT modified in writing accordingly; (2) Time extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 20. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, 22 SAMPLE g/agree/cc-1 096/j mf/jn/7/30/98 at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this AGREEMENT. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 21. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent(100%) of the value of the work completed since the commencement of the PROJECT, as determined by the DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a 23 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the AGREEMENT and that the amount stated in the certificate is due under the terms of the AGREEMENT. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 22. WITHBELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this AGREEMENT. 23. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this AGREEMENT, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working on the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 24. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this AGREEMENT. 24 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 25. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, employees and agents from and against any and all liability, claims, damages, losses, expenses,judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 26. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to 25 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 27. INSURANCE In addition to the workers' compensation insurance and CONTRACTORs covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 26 SAMPLE g/agree/cc-1096/j mf/jnl7/30/98 28. CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this AGREEMENT; said certificates shall: l. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this AGREEMENT is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the AGREEMENT. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its agents, officers, employees and volunteers 27 SAMPLE g/agree/cc-1 0 96/j mflj n/7/30/98 as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 29. DEFAULT AND TERMINATION. If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this AGREEMENT or the Contract Documents, CITY may give notice in writing of its intention to terminate this AGREEMENT. Unless the violation is cured within ten(10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this AGREEMENT upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this AGREEMENT; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 30. DISPOSITION OF PLAN ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this AGREEMENT, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this AGREEMENT shall be delivered to CITY and become its sole property at no further cost. 31. NON-ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this AGREEMENT, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 28 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 32. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this AGREEMENT. No officer or employee of CITY shall have any financial interest in this AGREEMENT in violation of California Government Code sections 1090 et seq. 33. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this AGREEMENT. 34. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such Ply• 29 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 35. CAPTIONS. Captions of the sections of this AGREEMENT are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this AGREEMENT. 36. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this AGREEMENT is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this AGREEMENT in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 37. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this AGREEMENT. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. All rulings and interpretations of the Davis- Brown and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated in this AGREEMENT. 30 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 38. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this AGREEMENT shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR(or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 39. CERTIFICATION OF ELIGIBILITY. By entering into this AGREEMENT, CONTRACTOR certifies that neither it(nor he or she)nor any person or firm who has an interest in CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this AGREEMENT shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part"Whoever, for the purpose of Anfluencing in any way the action of such Administration...makes, utters or publishes any statement, knowing the same to be false...shall be fined not more than$5,000 or imprisoned not more than two years, or both." 31 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 40. DISCREWNATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 41. EQUAL EMPLOYMENT OPPORTUNITY. CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four(4)years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent(30%) or more disability. 32 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 To ensure compliance with these requirements, CONTRACTOR shall provide CITY with its written affirmative action plan prior to commencement of work. CONTRACTOR is required to provide CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 42. COPELAND "ANTI-KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this AGREEMENT. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this AGREEMENT were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA)List of Violating Facilities, pursuant to 40 CFR 15.20. (b) CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) CONTRACTOR shall promptly notify CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this AGREEMENT is under consideration to be listed on the EPA List of Violating Facilities. (d) CONTRACTOR agrees to include or cause to be included the requirements of paragraph(a) thorough(d) of this Section in every nonexempt subcontract, and 33 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. CONTRACT TERMINATION: DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the AGREEMENT, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 47. COMPLAINTS PROCEEDINGS OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the AGREEMENT are applicable shall be discharged or in any other manner discriminated against by CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this AGREEMENT to his employer. As used in this section, the terms"laborers" and"mechanics" include watchmen and guards. 34 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 48. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8)hours and standard workweek of forty(40) hours. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek,whichever is greater. As used in this Section, the terms"laborers" and"mechanics"include watchmen and guards. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 35 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 49. VIOLATION,LIABILITY FOR UNPAID WAGES;LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in Section 48, CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Section 48, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section 48. 50. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Section 49. 51. SUBCONTRACTS. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Sections 48 through 51 and also a clause requiring the subcontractors to include these clauses in 36 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Sections 48 through 51. CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through(10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 52. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 53. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this AGREEMENT or to secure the performance hereof, each party shall bear its own attorney fees. 54. ENTIRETY. The foregoing represents the entire AGREEMENT between the parties. 37 SAMPLE g/agree/cc-1096/jmfljn/7/30/98 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chai man/PresidentNice President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: '-�-53ity Attorney /OA rj 8 City Administrator INITIATED AND APPROVED: Director of Public Works 38 SAMPLE g/agree/cc-1096/jmf/jn/7/30/98 ATTACHMENT 2 l NILi LiLi uu U U Line A �lj V-� M �41 Line B Line E F 0 ine IN OLN V ,7L Line F Line D KN XVl E JOLIET AVE. 2 ¢ D-,, NOT TO SCALE O W m Line H I lNDIANAPOLIS AVE. EF-11D m a RT RT AVE LINE INFORMATION Line G Line Lin. Ft. A 375 B 200 GENE VA A VE. O 350 EfE Q D 350 E I 300 fl- o Do E F 350 DDm F G 320 Q� 350 I ~ ~ 340 41 �Ml A Q LEGEND 1/ 390 K 330 o - MANHOLE J 8" MAIN 0 - 10" MAIN Line I Q E � a 1 DETROI AVE. � � CD1 p U 00 ai pq AL I E AV ~ w a 'Lin D- - -O 0- - -O A TLANTA AVE v, Line J Line K a [PlotStomp Evol] OLDTOWN.DWG OLDTOWN SEWER PROJECT PHASE I LOCATION MAP 044 e CITY OF HUNTINGTON BEACH LV DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: OLD TOWN SEWER PROJECT- PHASE 1; CC-1096 COUNCIL MEETING DATE: September 8, 1998 I CA. ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator Initial City Administrator Initial [City Clerk EXPLANATION'FOR RETURN OF ITEM: SpaceOnly) RCA Author: SEK O� 9� 7 � q/,2� /o f l NOTICE INVITING SEALED BIDS' � for CC-1096 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on October 13, 1998, at which time bids will be opened publicly and read aloud in the Council Chambers for the Old Town Sewer Project- Phase I in the City of Huntington Beach. This project is federally funded by the Community Development Block Grant program and all requisites of Title 24 of the Code of Federal Regulations apply including Section 3, Part 125 (Directing economic opportunities to low- and very low- income persons.) A set of plans, specifications, and contract documents may be obtained starting September 11, 1998 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$10.00, sales tax included, if picked up or$15.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. This is a Davis- Bacon project and Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also pre-qualified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 8th of September 1998. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 0961NVIT.doc t SECTION C PROPOSAL for the OLD TOWN SEWER PROJECT—PHASE 1 Within the OLD TOWN ENHANCEMENT AREA CASH CONTRACT No. 1096 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, including material delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE tem stimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 2245 Line 8"host pipe per Specs. - lin ft @ IW: 6 r/I-11 64(0N-T Dollars $.28 r $ bZ-- *a,p ivo ivc Cents Per lin ft 2 1410 Line 10"host pipe per Specs. pe po lin ft @ ?WiAlrY Dollars $ ,30 _ $ 942 300 /kub N/io® Cents Per lin ft 3 1 Traffic control per Specs. Oo p o lump sum @ Twx a.VL Dollars Cents Per lump sum 4 1 Mobilization of equipment&materials($1,000 max.) log o 0 lump sum @ -f;, rVa.SA-A�D Dollars $ DOo $ ocao a 'o-wo ~ /�� Cents Per lump sum 5 1 Demobilization of equipment&materials($1,000 max.) lump sum @ owv4 Dollars AWO Nf'��o Cents Per lump sum 6 176 Re-open service laterals per specs. 0 each @ 0..✓F— Dollars $ /00 $ //7 /fl o Cents Per each 7 Not Used @ Dollars $ $ Cents Per 8 Not Used @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ /Z 9'6 o Q` Total Amount Bid in Words: Q,wjg� D,er- -rw4.1/7-v GIV4 _.Ix Ty v ,.,p 00 C-Is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days'after the date of the AGENCY's notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find 8IWAS &mO in the amount of$ 'o% o< B-o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda lVo. Date Received Bidder's Si nature ;Z - s- - g C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion= _ ---==:Name andAddress vfSubcontractor -State License= - _Oass _ o _work:-:: -_: ___.__= __-_ -_ _____== -- = = -_ - _=_ Number-:_-_ By submission of this proposal, the Bidder certifies• 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE.EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Nl.cx D,Yxiof-r'7? , being first duly sworn, deposes and says that he or she is P2'C5)a,-eWT of . rlCo.y F.44«vu€k1,v4 jr, LNc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder gnature of Bidder 14"W7^11 rX-.i/ L44-e-FF 09 CA- 9176Y q Address of Bidder Subscribed and sworn to before me thisoAh day of , 199c, PEGGY E.SCAMM ' ORANGE COUMY If My Comm.ECM 9f JM Z.19 NOTARY PUBLIC NOTARY SEAL C4 i UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the OLD TOWN SEWER PROJECT — PHASE 1; CC- , (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also_promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. S" onl Contractor By Title Date: C-5 I DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �1 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware'of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract. Contractor By Title Date: Io//Z/!z C-7 / I UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 t BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name �3-8,V/ 6/1�,N44A 2>4 o V4 Business Address City, State Zip, -7,4 89/ - 2323 Telephone Number —73I -797 `A � State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by EDP of our office on /o 5- , 1999 . The following are persons, firms, and corporations having a principal interest in this proposal: C-9 s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. :5,f,444V 15�6�N�E•e rn/4 TL . G. Company Name (--RJe— Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 12-m- day of oe V844- , 199,9 . aQN0tPEC Y E.SCMON IWyPJft—Caf*. Col"f 1Z ��f CRANAECOUNl•y Comm.E�4�1►�s.NJI Z.1994 NOTARY PUBLIC _ �. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Giry a- 1-os *"Z4zr VA7V Maass , cA. Name and Address of Public Agency Name and Telephone No. of Project Manager: tzlwAlE SN���.� "g/8) 7S6— 9id I 3a ovo P/PE Le•�/in�G 74 y�/98 Contract Amount Type of Work Date Completed 2. G iTi Of Hu yni�I 7yy✓ �3EhG�f .z000 M.*t,-v sTi G r 4 h vn�v4rP V 944zo;K G.4 • 72 b,e 9 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ee,,c,o, r- ay, 60� P•�E �,v,.✓� �/y/q8 Contract Amount Type of Work Date Completed G'�"szEs✓ 3. Cif; of G,4mq�2two G /� 4 Name and Address of Public Agency Name and Telephone No. of Project Manager: ,ein/ Contract Amount Type of Work Date Completed C-10 I ALL ITEMS BELOW MUST BE COMPLETED The requested items must be returned with the bid or your bid will be considered non- responsive. Bidder's name: 5~C-91✓ ,j- , 17WC Bidder's address: .:674`/ 4<.v J�2i✓� {-f%�✓ ,�3GW c4_ 9P2w'Y9 Phone number: &/g) g?/- 2323 Fax number: (_'71-Y,) ?I/- ZS2,/ Pipeline rehabilitation process (trade name) bid: (Choose one) Copy of letter from the manufacture stating that: 1. The installer listed above is factory licensed and trained. 2. The factory has been inspected by the greenbook committee, including the date, and location of inspection. 3. SDR thickness supplied (minimum thickness SDR 32) 72,.' List of three certified laboratories that can perform the required ASTM testing. The laboratories must be within the Los Angeles or Orange County area. Laboratory number 1: Name: SG S 115. 726S 77�Vlj 60. �/G Address: SSSSS 72�L�G44RW Rb" ,Lo.S '7Cl2:2(,L(o Telephone number: L.21 g 839 _&0 0 Contact person: Laboratory number 2: Name: Address: 3S5"S VOYA-64A ;5 _ 5,1Z .992 1, -ib,e/eAjv,_-x c.4 9oso 3 Telephone number: (3ia� 9l3 - 7173 Contact person: 1?IW4 A40zA Laboratory number 3: Name: oc.vi T?-:sT GA;�3oeAToeh'� :4-wc. Address: 39'93 E_ -P4, �v.¢tfE��i� G�. 9z$07 Telephone number: ��* 6 30 -3003 Contact person: SA"62 C-11 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135*• Economic Opportunities for Low and Very Low-Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicahle selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or ✓ Will hire no new employees in conjunction with this project. Will award 10% of its sub-contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub-contracts related to this project. Contractor: �AidCon/ ��✓�i•�/E.�Rj�l. yC � /G. Contact Person: Contact Phone: 7,-4 g / - 2321 Signed: Date: /n /_i Z. A *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by bidders and proposed sub-contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Old Town Sewer Project- Phase I CC- 1096 September 24, 1998 Notice To All Bidders: Please note the following clarification to the Construction Documents: Information on how the City derived the estimate for the total of 176 service laterals for bidding purposes. Estimated flow and depth of flow for each line along with a map showing the entire sewer system in the area is also provided for reference purposes only. Line# Size(inch) Length (lin ft) Laterals(each) Peak Flow(gpd) Depth of flow(inch) estimated estimated estimated estimated A 8 375 24 11,960 3 B 8 200 9 16,300 2 C 8 350 13 16,300 2 D 8 350 20 16,300 2 E 8 300 19 5,000 2 F 8 350 32 11,900 3 G 8 320 28 13,300 3 H 10 350 10 46,400 4 1 10 340 13 90,900 4 J 10 390 5 92,900 4 K 10 330 3 167,200 6 These modifications do not change the Engineers Estimate nor the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum Number one dated September 24, 1998. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at(714)536-5259. 1096 addendum not t9�� i rl . t .`• �t � i }r'�., ' f � ' , , ALAABAi A' + 1 h ,; xt rmn .a......_. - >... -- a J _ - -4�... . - n_...-... - -' g'-`' .s. " - _ t. �� +o. 54� - ..... =.." e� i[i.:�� er '��l' i •.. i `i'a► t x I �,' j" ' __.:_...: , VUNTINGTON --••'tN �� a ` _ "r"t i`• �A �'f P i t 1 'P'� 1 ,•Qi t '"\:.. 1 , i i ; • .e ?c D 'j: 4. [ i T ti iti : : lli :. i ' i i ' r,'7i`! 'flt t:.+++.+.a 4 t : 1: i ; t + Ir; t i t t i t 'i ,t t, i ' ' q 37j ' ' � _ .;' t •;'1'..,:�'�` 't`1 l•i f'lbr ty D I t p .R ( ' J t 1 ' , ; : t f I t A '•�' t' 1 t t t trF + ;•i.t; ` : fi + ' t: t� t 2> a CALIFC}R1w1 !� f a l j;' ' '.1•; s r t 1 t t.' t i , p ;t t bt t r#+ t ST. r < rsANs oa oR. a ;, O,. A :•�ti..._.._ �. , ,. A ti i 1': i i.l'i i Li ' ; I i i ' ' ' i . : i. : i , ! ..,t f t l } + (•tl , 6? : '* ' o °es . 11'A.00j¢ ' o t'•. , + ;.t'' 1 i� �_ t 1-' t, ;,-t r,;e' t < }.c� t,�t, r 't Iv Qi71 ELAIA ARL W/4fiE � t t e•:I. t. t -t.t.}'t f t 4.t - 4� }APP ♦ ; I 4 f �, 477, !2FL11 btlIDA",} 1. •j�t�a,7,s d y'�at�µ��Y.j;'r��'f '.i .��' to, .. 4 I,t••t . - .j" '-;;,. '• F t:; 'X ;.zs: +` . 't` 'r,r.L.n s� ; -j ' �.ut.111 •�• h�' 1 ' w�`. �. ' i ;. �..�: � r��°,� `,r a.p, v 4tL�_ �, "� w..�.r:n:► t _ -rr - � ';' �r �,F R,7'..,(..�1 -.�:r.a .i. 'i" �'�' ?.,T, •: +'t"yt�°'*i�•.'.;Te.,v'��. � '� =•3..�8,�. F' } .� .k � � -Jam, 'i� ♦ '>i3,I� ,_,.t=�»,�'.x�� r t:`v-Y"a, r'•7�.-�,4 ,Is'�1.[..AyF::,.,;- ,r.',,td++„ " HEl �"I SH •�':, r." •, ,, �•�`, t�r,,<., "p�� '��' ��: ;g"t`• 4� f ,�t;:.,.�,Y,w .�.i,�d -,f � .y•' .Y',. tf :` .�. ''�� �A�•;.KT rt',Rrr'-r�� � r y •'� ; t ��r' '':+k — .C�,' .,' 'rr�u^'x:�;- 7.: ',' "� d, s� r� 'xi .;. ..C.�''4�;f�.c �°>r�'' •�� •t• •C3 ''• - .� !, ",•.:,� 'ti��. ,f., 5 '}e, ¢ ;1'' Wr t..i'�'S'.,.. �,,i.Y y'7�" �4 1 j' �A/ OAST .GR. # : 4' "• ��� --� y- �� � �;� i,4�����';;:�;•,'^;�'.` .1..�... .s EACH OLVO, l� �. m1Rli•VAf. 2 ( f' y X K S € 4� .ay , t �X� A'- 4 M �� PVKsy W� fMF h' MT! OM►M - 't r .t. � .i•� '*- i�jt�� 'l,..zai fir:t�.�r _ t � 'JI "; � 1!• .. + tt w S '�, a--� a+. .,tS '�,,�-�° ark ��,tt ssr r+,�.70•� .at . 71 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For Old Town Sewer Project- Phase I CC- 1096 October 1, 1998 Notice To All Bidders: Please note the following revisions to the project specifications: SECTION C On sheet"C-11" of BIDDER'S INFORMATION replace 3. SDR thickness supplied(minimum thickness SDR 32)with 3. SDR thickness supplied (minimum thickness SDR 35). SECTION 500 500-1.1.1 General. On sheet"E-13" Delete the fourth paragraph and replace with: The liner's wall thickness shall be calculated per ASTM F 1216-93, Appendix X1, "Fully Deteriorated Gravity Pipe Condition". The physical properties listed below shall be used for the ASTM F 1216-93 calculations. The Contractor shall submit with the bid one clear, accurate and legible copy of the calculations, signed by a registered Civil Engineer in the State of California. The minimum liner wall thickness allowable shall be 0.225 inches for 8 inch and 0.280 inches for 10 inch. If the calculations are not include with the bid proposal, the bid shall be considered non- responsive. Mean Diameter (D)= 8" and 10" Depth of pipe (H) = Assume 10' for 8" pipe and 20' for 10" pipe. Height of water above top of pipe (H,)=Assume 5' for 8" and 10" pipe. H2O highway loads Soil Modulus (E's) = 1000 psi Soil Density = 120 pcf Enhancement factor (K)= 7 Ovality= (q) 2% Factor of safety (N) = 2 Flexural strength (Q;) in accordance with ASTM D790. Provided by the proposed liner manufacturer. 96ADDEN2.DOC 1 Instantaneous Flexural Modulus (E,) in accordance with ASTM D 790. Provided by the proposed liner manufacturer. Long term Flexural Modulus (E J in accordance with ASTM D 2990. Provided by the proposed liner manufacturer. All other variables are per accepted industry standards or per the proposed liner manufacturer recommendation. To determine the thickness (t) of the proposed liner the following rearranged equation shall be used: (as determined by ASTM F 1216) 2 1/3 t =0.721D ELRwB'ES 500-1.7.6 Installation and Field Inspection. On sheet "E-18" Delete the sixth paragraph and replace with: Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122-90 to verify the wall thickness specified in the requirements of Section 600-1.1.1. 500-1.10.2 Type A Folded and Re-formed PVC Liner. „ On sheet "E-19" Delete the fourth paragraph and replace with: Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122-90 to verify the wall thickness specified in the requirements of Section 500-1.1.1. 500-1.10.3 Type B Folded and Re-formed PVC Liner. On sheet "E-19" Delete the fourth paragraph and replace with: Before installation, the pipe coils shall be checked by the AGENCY'S inspector using ASTM D 2122-90 to verify the wall thickness specified in the requirements of Section 500-1.1.1. These modifications do not change the Engineer's Estimate nor the Bid Opening date/time for this project. This is to acknowledge receipt and review of Addendum number two, dated October 1, 1998. Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 96ADDEN2.DOC 2 american pipe & plasticsPO. Box 577, Binghamton, New York 13902 Phone 607 775-4340 1 nc. FAX 607 775-2707 June 11, 1996 Mr. Nick DiBenedetto, President Sancon Engineering, Inc. 5841 Engineer Drive Huntington Beach, CA 92649 Dear Mr . DiBenedetto : This is to certify that Sancon Engineering, Inc. is a licensed installer for the AM-Liner " folded and reformed" PVC pipe rehabilitation system in the Southern California area. Should there be any questions regarding this matter, please feel free to have any of your clients contact us . Sincerely, AMER CAN PIP &, PLASTICS, INC. (Mrs . ) B . Zinn General Manager cc : Sancon Engineering, Inc . file OCT 13 1998 10:48 FR WER PIPE AND PLASTIC607 775 2707 TO SANCON P.02iO3 a m er i Ca n pipe & P143SUCS P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340 Inc. FAX 607 775-2707 CERTIFICATION This is to certify that AMERICAN PIPE &PLASTICS, INC.'s blending operation, pipe manufacturing facility and quality control procedures have all been reviewed and inspected by a APWA GREENBOOK pipeline rehabilitation committee team. Quality Control Procedures American Pipe&Plastics provided copies of their Quality Control Manuals to the GREENBOOK Committee for their review and comments before the inspection trip. The GREENBOOK Evaluation Team reviewed American Pipe&Plastics' Quality Control Lab in Kirkwood, New York on November I, 1994. The written testing procedure manuals, equipment certification, sampling procedures, specimen preparation, and performance of all of the actual tests were witnessed and reviewed. The tests were done on the incoming raw materials as well as the pipe samples for all of the required tests specified in the GREENBOOK_ All of these tests were witnessed by the GREENBOOK Review Team PVC Material Blending Facility The GREENBOOK Evaluation Team reviewed American Pipe&Plastics' material blending facility in Kirkwood,New York on November 1, 1994. The GREENBOOK Review Team witnessed the complete blending facility, the blending process, and their quality control procedures. AM-Liner Pipe Manufacturing Facility American Pipe&Plastics' Manufacturing Facility in Kirkwood,New York was reviewed by the GREENBOOK Evaluation Team on November 1, 1994. The complete pipe manufacturing facility,the manufacturing process, and their quality control procedures were witnessed by the GREENBOOK Review Team. OCT 13 1998 10:49 FR AMER PIPE AND PLASTIC607 775 2707 TO SANCON P.03iO3 The GREEN 300K Evaluation Team consisted of representatives from the following agencies and departments: City of Los Angeles,Department of Public Works,Bureau of Engineering, Collection Systems City of Los Angeles General Services Department, Standards Test Laboratory City of Los Angeles Department of Public Works, Bureau of Construction Administration City of Los Angeles Department of Public Works,Bureau of Engineering, Structural Engineering City of San Diego,Engineering Department,Engineering Design Division City of San Diego Engineering Department,Engineering Design Division,New Materials Section. ;AN*FJ AN P PLASTICS, INC. - Roberta Zurn CEO SUBSCRIBED AND SWORN TO before me this 13th day of October, 1998. r - ��J Veronica Sinnett Notary Public State of New York County of Broome ID No. 01 S 16002957 Commission Expires 2-17-2000 ** TOTAL PAGE.03 ** OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AMLINER PIPE THICKNESS CALCULATIONS Thickness Calculations for 8 Inch AM-Liner AM-Liner Dimensions Liner Diameter (in.) 8 in Liner Thickness (in.) 0.246154 in Liner SDR 32.5 AM-Liner Physical Properties Initial Tensile Stress (psi) _ 4151 psi Initial Flexural Modulus (psi) 6000 psi Initial Flexural Modulus of Elasticity (psi) 154,595 psi Long-Term Modulus of Elasticity (psi) 108,750 psi Existing Host Pipe Characteristics Existing pipe fully deteriorated Ovality (%) 2 % Soil Characteristics Type of Soil ___ ------ clay _ w-= Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor (N) 2 H = Max soil height over pipe (ft) 10 ft Hw = Assumed height of water above pipe ft 5 ft Sancon Engineering II, Inc. Nbcalc �,' pFOF ESS,� �- pERICk ----- - --- ---- --� � ?, ------------ 4� �i Nick DiBenedetto P.E. ? 10/5/98 1 , 4a z OLD TOWN SEWER PROJECT-PHASE I, CC1096 CITY OF HUNTINGTON BEACH AMLINER PIPE THICKNESS CALCULATIONS 1 . Determine the loading on the pipe using the _ modified Marston Formula and the Boussinesq Formula L—asEquation: Total Load (Wtot) = WC + WI Dead Load (Wc) = Cd * w * Bc * Bd (Marston Formula) Cd = loading coeficient Cd = 1 - e^(-2 * ku' * H/Bd) - - - - - 2 * ku' _ e = 2.718 _ H = Height of soil above pipe H = 10 ft ku' = .130 ku' = 0.13 w = soil density (psf)_ _-_W- - 120 pCf Bc = diameter of pipe (in) Bc = 8 in Bd = trench width (ft) Bd = 2.67 ft Cd = 2.40 _ Dead Load (Wc) We = 510.99 Ibs/ ft. Live load (WI) = CI * P * (1 +1f) Cl = Live load coeficient (/ft) Cl = 0.001 P = wheel load (lb) P = 20000 lb If = impact factor If = 0.00 Impact factor = .766 - .133 * H WI = 20 Ibs/ ft. ( 0 <=If<=.5) Therefore: Total Load (Wtot = We + WI) Wtot = 530.99 Ibs/ ft. Sancon Engineering II, Inc. �oQRO Ss�`�'a Hbcalc ham/ LZ 0 2 v Nick DiBenedetto, P.E. � / o~ 10/5/98 �,2— :< yTF, C 1 L Q`a: OF CALF OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AM-LINER PIPE THICKNESS CALCULATIONS 2. Determine External Pressure on Pipe Base equation: qa (psi) = Yw * Hw + (Rw * Wc)/D + WIND Where: We = vertical soil load = (Ys * H * D) / 144 Modified equation ga (psi) = Yw * Hw * 12in./ft. + (Rw *Ys * H) /144 + WI / (D * 12in./ft.) where: Yw = Specific weight of water (lb/in A3) Yw = .0361 Ib/in^3 Hw = Height of water above pipe (ft.) Hw = 5.00 ft Rw = Water Buoyancy Factor = 1-.33(Hw/H) Rw = 0.84 Ys = Soil Density (lb/ft^3) _ Ys = 120 pcf H = Height of soil above pipe (ft) H = 10 ft WI = Live load (lb/ft) WI = 20 Ib/ft D = Pipe Diameter (in.) D = 8 in Therefore: External Pressure on the pipe (qa) I qa = 9.33 psi Sancon Engineering II, Inc. c Hbcalc IRK K i � 9 � iBenedetto, P.E. z��� �'3 ;; 10/5/98 OLD TOWN SEWER PROJECT-PHASE I, CC1096 CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS 3A. Thickness Required for Buckling Pressure Base Equation qa + C/N * (32*Rw*B'*Es*EI/DA3)^.5 Modify the Base Equation by adding the following substitution-. El = Pipe Wall Stiffness Factor = El * (t^3)/12 Modified Equation: ------ -- ---- t = 0.721 * D * ((N * qa/C)A2/(EI * Rw * B' * Es))^.333 where- I = Moment of Inertia (in A4/in) = t^3/12 t_= minimum liner thickness (in) D = Pipe diameter (in) D = 8 in N = Safety Factor N = 2 qa = external presure on pipe (psi) qa = 9.33 psi Ovality of Pipe (%) 2 % C = Ovality Factor = ((1 - % ovality/100)/(1 + % ovality/100))^3 C = _ 0.84 El = Long term modulus of elasticty (psi) El = 108,750 psi Rw = Water Buoyance factor Rw = 0.96 B' = coefficient of elastic support = 1/(1 + 4* e^(-0.065 * H)) B' = 0.32 Es = Modulus of soil reaction (psi) Es = 1,000 psi H = Height of Soil above pipe (ft) H = 10 ft Therefore: The minimum AM-Liner thickness (tm;,,) required is (tm;,,)= 0.14152 in. Am-Liner Size Dimension Ratio (SDR) of 32.5 Use AM-Liner with thickness (t) exceeding the required (tm;,,) of t = 0.24615 in. Sancon Engineering II, Inc. H pa �-� 5�2 �?ROFFS;4/ Nick DiBenedetto, P.E. 10/5/98 .j CC J. J m 7 yT /V I OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS - 10" Thickness Calculations for 10 Inch AM-Liner AM-Liner Dimensions Liner Diameter (in.) 10 in Liner Thickness (in.) 0.307692 in Liner SDR 32.5 AM-Liner Physical Properties Initial Tensile Stress (psi) 4151 psi Initial Flexural Modulus (psi) 6000 psi Initial Flexural Modulus of Elasticity (psi) 154,595 psi Long-Term Modulus of Elasticity (psi) 108,750 psi Existing Host Pipe Characteristics Existing pipe fully deteriorated Ovality 2 Rio Soil Characteristics Type of Soil clay w = Soil density (pcf) 120 pcf Es = Soil modulus (psi) 1000 psi Safety Factor (N) 2 H = Max soil height over pipe (ft) 20 ft Hw = Assumed height of water above pipe ft 5 ft tC,� pE Sancon Engineering II, Inc. �� 4�E kiCK Hbcalc Q� ' � o o m rn Nic c DiBenedetto sq 01 VV ` 10/5/98 TF �F CAL�Fv�, OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS - 10" 1 . Determine the loading on the pipe using the modified Marston Formula and the Boussinesq Formula Base Equation: Total Load (Wtot) = We + WI Dead Load (Wc) = Cd * w * Bc Bd (Marston Formula) Cd = loading coeficient _ Cd = 1 - e^(-2 * ku' * H/Bd) _ 2 * ku' _ e = 2.718 _ H = Height of soil above pipe H = 20 ft ku' = .130 ku' = 0.13 w = soil density (psf) w = 120 pcf Bc = diameter of pipe (in) Bc = 10 in Bd = trench width (ft) Bd = 2.83 ft Cd = 3.23 Dead Load (Wc) We = 915.82 Ibs/ ft. Live load (WI) = Cl * P * (1 +1f) Cl = Live load coeficient (/ft) Cl = 0.001 P = wheel load (lb) P = 20000 lb If = impact factor If = 0.00 Impact factor = .766 - .133 * H WI = 20 Ibs/ ft. ( 0 <=If<=.5) ------ Therefore: Total Load (Wtot = We + WI) 1 Wtot =1 935.82 Ibs/ ft. Sancon Engineering II, Inc. �PROFFSs/ w Hbcalc 2'� Nick DiBenedetto 10/5/98 J 5 o a ti �GA OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS 2. Determine External Pressure on Pipe Base equation: qa (psi) = Yw * Hw + (Rw *Wc)/D + WI/D Where: We = vertical soil load = (Ys * H * D) / 144 Modified equation qa (psi) = Yw * Hw * 12in./ft. + (Rw *Ys * H) /144 + WI / (D * 12in./ft.) where: Yw = Specific weight of water (lb/in A3) Yw = 0.0361 lb/in A3 Hw = Height of water above pipe (ft.) Hw =5.00 ft Rw.-= Water Buoyancy Factor = 1-.33(Hw/H) Rw = 0.92 Ys = Soil Density Ib/ft^3) Ys = 120 pcf H = Height of soil above pipe (ft) H = 20 ft WI = Live load (Ib/ft) WI = 20 Ib/ft D = Pipe Diameter (in.) D = 10 in Therefore: External Pressure on the pipe (qa) qa = 17.62 psi Sancon Engineering II, Inc. -� .S,, Ibc alc / ��R���EOEkrCR Uv > z zZ Nick DiBenedetto, P.E. OLD TOWN SEWER PROJECT-PHASE I, CC-1096 CITY OF HUNTINGTON BEACH AM-LINER THICKNESS CALCULATIONS - 10" 3A. Thickness Required for Buckling Pressure Base Equation _ qa + C/N * (32*Rw*B'*Es*EI/D^3)A.5 Modify the Base Equation by adding the following substitution: El,= Pipe Wall Stiffness Factor = El * (t^3)/12 Modified Equation: t_= 0.721 * D * ((N * qa/C)^2/(EI * Rw * B' * Es))^.333 where- ,-- I = Moment of Inertia (in A4/in) = t^3/12 t = minimum liner thickness (in) D = Pipe diameter (in) D = 10 in N = Safety Factor N = 2 qa = external presure on pipe (psi) qa = 17.62 psi Ovality of Pipe (%) 2 % C = Ovality Factor = ((1 - % ovality/100)/(1 + % ovality/100))^3 C = 0.84 El = Long term modulus of elasticty (psi) _ El = 108,750 psi Rw = Water Buoyance factor Rw = 0.96 B' = coefficient of elastic support =1/(1 + 4*e^(-0.065 * H)) B' = 0.48 Es= Modulus of soil reaction (psi) Es = 1,000 psi H = Height of Soil above pipe (ft) H = 20 ft Therefore: The minimum AM-Liner thickness (tmir,) required is (tmin)= 0.2373 in. Am-Liner Size Dimension Ratio (SDR) of 32.5 Use AM-Liner with thickness (t) exceeding the required (tmir,) of t = 0.30 669 in. Sancon Engineering II, Inc.7 GP ��EOERr��. talc %�3 Ll ick Di Benedetto, P.E. u 10/5/98 y j 1 INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND BOND # 148 65 68 KNOW ALL MEN BY THESE PRESENTS: That we, SANCON ENGINEERING II , INC . (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings requwrea or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINCTON BEACH (hereinafter called the obligee) in the just and full sum of Ten percent of the total amount of the bid in -- Dollars ($ 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated October 13 , 1998 fcr Old Town sewer project — phase 1 cash contract #1096 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 2 8 th day of September 19_9 8 SANCON ENGINEERINC II , INC . INSURANCE COMPANY OF THE ST By Ad MICHAEL R. LAN' dAN Attcrney•in-Fact ICW CAL 120 (7l90) Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behaif of the Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Compa; ; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998. �4E�QMPAN,0` INSURANCE COMPANY OF THE WEST �tr\+�oPP011�TfQ T a 44ftX t,\ir' )ohn STATE OF CALIFORNIA L. Hannum, Executive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to Califomia Probate Code§4121 and 4122. Jerry Fafaul Janis Theodore CERTIFICATE: I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 2 8 t h day of September 19 98 . ?oE°aM��Ny0` IN RAN COMP N F THE WEST ,!� ��pRP01t17E�T �ALIFOIM\L' n . rai ,Assist t Secre ry ICW 37 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On 9 /2 8/9 8 before me, Mari S_ Ami ri , Nntar3publj c DATE NAME,TITLE OF OFFICER.E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personal whose name) is/an subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his6b;§u ' authorized capacity, and that by hisAxAT .a signatureW on the instrument the person MARY S.AMIRI Q or the entity upon behalf of which the G '� COMM. #1178731 R personal acted, executed the instrument. g m NOTARY PUBLIC-CALIFORNIA S 2 r"� LOS ANGELES COUNTY 2 • My Comm.Expires April 5,2002 j �•.•..............N•••••••••• WITNESS my hand and official seal. SICAATLIFIE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid bond TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 9/2 8/9 8 DATE OF DOCUMENT SIGNER IS REPRESENTING: ' NAME OF PERSON(S)OR ENTrrY(IES) Inaiiranra Company nf_the kest SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ENGINEERING INC. 1R98 OCT U P t 5'Q 5841 Engineer Dr.,Huntington Beach,CA 92649-(714)891-2323 �'L/ /'W Z Z 00 0 �A4191•� S _ �p Nv,,,ii jAl 13U"pCh< </� 26I/Y prop'c�'- ,4 f, INSURANCE COMPANY OF THE WEST P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND BOND #148 65 68 KNOW ALL MEN BY THESE PRESENTS: That we, S'ANCON ENGINEERING II , INC . (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA , as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of Ten percent of the total amount of the bid in -- Dollars ($ 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 0 c t ob e r 13 , 1 9 9 8 for Old Town sewer project — phase 1 cash contract #1096 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 28 th day of September 19_98 SANCON ENGINEERING II , INC . INSURANCE COMPANY OF TW;tt2to7r�neyin-Faci ByMICHAEL R. LAN N ICW CAL 120 (7/90) Insurance Company of the West HOME OFFICE: SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MICHAEL R.LANGAN its true and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidetity and surety bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998. �4�pONPANPO,�y INSURANCE COMPANY OF THE WEST '��`A�4IRPORATFO� )Ohn STATE OF CALIFORNIA SS. L. annum,LExecutive Vice President COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. Jerry Fafaul � Janis Theodore/ CERTIFICATE: I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 2 8 t h day of September 19 98 . 4��OMPAMYo� IN RAN COMP N F THE WEST a ry N�RCH 1.�9'rl' C�[CFORMA n rai , sist t Secre ry ICW 37 Z. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On 9 /2 8/9 8 before me, _ Mnr)z S Ami ri ,—Nntnr;* Public ; DATE - NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Michael R. Langan NAME(S)OF SIGNER(S) personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person�,%) whose name ) is/an subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his6W/ V authorized capacity, and that by his&ffyA±H3Jfx signature( on the instrument the person MARYS.AMIRI or the entity upon behalf of which the c � COMM.#1178731 R personM acted, executed the instrument. S "� NOTARY PUBLIC CALIFORNIA 5 2 i o.: LOS ANGELES COUNTY 2 My Comm.Expires April 6.2002 •..•.••,•••...........•......•••••••• WITNESS my hand and official seal. SI ATURE OF NOTARY OPTIONAL Though the data,below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid bond TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER($) ❑ LIMITED ❑ GENERAL 0 n e ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 9/2 819 8 DATE OF DOCUMENT SIGNER IS REPRESENTING: ` NAME OF PERSON(S)OR ENTITY(IES) InstarnnrP Cnmi an3 of the Wei SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 913W-7184 :i►„ i i i ENGINEERING INC. 4 5841 Engineer Dr., Huntington Beach, CA 92649 • (714) 891-2323 C�rY �� v Z 00 0 !` (/'V//-fN l� WOK i I have received Bid Bond for Insituform Southwest, Inc., National Fire Insurance . company of Hartford, Bid Bond for Ortiz Corporation United States Fidelity Guaranty Company, Re: CC-1096 —Old Town Sewer Project— Phase I —Old Town Enchancement Area. Dated: By: f ids �un cis �'�Iro r.Jn�