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HomeMy WebLinkAboutSANCON ENGINEERING II, INC. - 1999-10-18 ' f RECEIVED BY: . • CITY CLERK RECEIPT COPY Return 6UPLICATE to �Cwx` 5 ®tjo,ray. Jeffrey Hughes(ext.6 60) (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Sllo�ob//ojan, Deputy City Treasurer FROM: /�ez DATE: SUBJECT: Bond Acceptance I have received the bonds for 54"n Zia,pt ompany Name) Faithful Performance Bond No. Labor.and Material Bond No. Monument Bond No. Maintenance Bond No. ,/� Z 7z d45 � y Re: Tract No. CC No. & �SeZZ MSC No. Approved Agenda Item No.. (Co ncil A proval Date) City Clerk Vault No. 5 IvOD, r it g1jah/bondletter.doc RECEIVED BY: • • CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes(ext.5260) (Name) after signing/dating (Date) �e4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slloob/ojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Company Name Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. & �Se MSC No. Approved Agenda Item No. (Co cil A proval Date) City Clerk Vault No. ,5 IvOD. g:/jah/bondletter.doc . I.C.W. GROUP • • NINSURANCE COMPANY OF THE WEST []EXPLORER INSURANCE COMPANY QINDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (619)350-2400-FAX (619) 350-2707 MAINTENANCE BOND Bond No.167 78 44 KNOW ALL MEN BY THESE PRESENTS: That, Sancon Engineering II, Inc., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, CA in the sum of fifty- fo,sr thousand, sev?^ hundred afty-sever: zrid 50/1,V' Dol-1- ($54,1:7.50); lawf.:l mmey of he United a+atcs of;n.e.i a, :cr the pad^::e::t of ti,fiich sum well and tidy to he made, Nv� bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: SEALED with our seals and dated this 14th day of March, 2000. WHEREAS, on the 18`h day of October, 1999,the said Sancon Engineering II, Inc., as contractor, entered into a contract for Cash Contract-1096: construction of sewer improvements in the Old Town Enhancement Area for the sum of fifty-four thousand, seven hundred fifty-seven and 50,100 dollars ($54,757.50); and, WHEREAS, under the terms of the specifications for said work, the said Sancon Engineering H, Inc. is required to give a bond for fifty-four thousand, seven hundred fifty-seven and 50/100 Dollars ($54,757.50), to'protect the City of Huntington Beach, 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 Feb 22, 2001. NOW, THEREFORE, if the said Sancoa Engineering II, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by said Sancon Engineering 11, Inc. 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 Engineering U.Inc. AawBY: Insurance Company of the West BY: Michael iZ angan, !FP2,51..77; AS TO FORM n ATTORNEY-IN-FACT _, _� •.ttorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On March 14, 2000 before me, mAry q Amiri , Nnt2rW Public DATE NAME,TITLE OF OFFICER-E.O.,'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 name4) is/m subscribed to the within instrument and ac- knowledged -to me that he/she/they executed the same in his ` { authorized capacityQ , and that by hisftffiAba�m signature(Q on the instrument the person or the entity upon behalf of which the personal acted, executed the instrument. MARY S.AMIRI • ° COMM.#1178731 R WITNESS my hand and off' ial seal. R NOTARY PUBLIC•CALIFORNIA S 2 LOS ANGELES COUNTY 2 - • My Comm.Expires Apra 5,2002 : 2;�N••NN1.•N••••••••N1••••••••.•..• SI ATURE O NOTARY OPTIONAL Though the data below Is not required by law, R 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ONE ATTORNEY-IN-FACT - NUMBER OF PAGES ❑ TRUSTEE(S) ; ❑ GUARDIAN/CONSERVATOR ❑ OTHER; MARCH 14, 2000 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Insurance rnm anV of the West SIGNER(S)OTHER THAN NAMED ABOVE i • 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 lrmUrance Comp4any of the West HO61E OFFICE: SAN DIEGO,CALIFORNIA POWER OF ATTORNEY ALL ME111 13Y THESE PRi_SEeN S.That INSUPgNNCL"COt.PAINY OF THE WEST, a California Corporation,does hereby appoint: MICHAEL R.LANGAN Ks tide and 1aLViU1 Attorney%s;-in-Fiac:t,'&AIh fr:l!power anc.;u:'ioill ,to execute,on behait of t ie Coimpai,y..fidolity and sure?y bonds, uaderta!(ings,ant: other contracts of suretyship ff a siM."W n•rture. This Power Of Attorney is granted and is signed and S;ealeid✓'i faplrniie:finder the autiLNity of the fOl!JIVInG F?SC:UiIAn 8:1(iGt ( t?y!hc boa:1 C%t %i i:Gt7:o or.the 23id day of February; 199. ,which said Resolution has not been amended or re_•(:Inded anJ of wh c:the frd!ow.nej t it L.la "RESOLVED,-1:a;the Chaimir-sit of'he Board.the President,an cYgcut;%3 Vice 'resident or u Sa'nirr dice vresid,c ri[of ihi 'Cut,Elp:r:y,and Each Ahem , •,^"t a r .,. .:, fy; -yam +hn..yr n =p f..n +,•. n r_- :, „ h- ..:am;is hereb% -kithonzed ^..o rw..r:�zt Po'-we,a of At:omry quali: .nc-t^e attomey.rla•.. ir; .:. given we? •,n=',t - .._. ;t c`t .. Company,fi;;e117y i.nd suro:y bonds,unciertakin�s,of other contracts of suretyship of a •imil=;1'nsture:ald to tsar,-there_e tGE seal of the Corrpzinv: pr.:ijed n";weve:'that the abse9r;ce of the'ae:ci strait n zi atfeaz of the 'SSu(iiilcl tc. FUR.TH_R RESOLVED,that the,signatures of such officers,and the seal of the Company,and the signatures of any witnesses,t;te signatures and seal of any notary,and the signatures of any ci-Micers certifying the validity of the Power of Attorney,may be affixed Ivy fzcsimile." IN wri-NESS WHEREOF, l't:i`•.j.R_-r.ICE COMPANY`F THE WEST has cause,"these presents to be signed by is :uiy authorized cheers this 7TH day of DECE:MBER 1999 . ru+xr. INSURANCE COMPANY OF'fHE 1IVE51" r1 PFORAl\ :� v5 h��aur7•Henn-�.'fwisw�!:::�L.w:trca...,..... ST;TE OF CALIFORNIA J h❑L. Hannum, E.W%Itive','i a P:-i5sir:u:t SS. COII JNT Y OF SAiv[�:EvC IN wiTNESS WHEREOF.the undersigned certify that they are adults,and have witnessed the signing of this instr.:rneart by the prirtcipA!:,r have witnessed the principal's::cl(ncwledgment of the signature on the power of attorney,pursuant to CMif'onm:a Probate Cade 54121 and 412;. 1 AA T '.f.-.�hiaf y f+.ui)y J_niS The:oi:�,,.(V/ CERTIFICATE: I,John H.Crei;,Assistant Secretary of INSURANCE COMPANY OF ThIE WEST,do hereby cent. tt;at thn,nrigtrta!POWE-R C:F ATTOP..NcY;at whist;the foregoing is a true Copy,is still ir;full force and effect.and that this certificate rr'I3y be signed by fucair'niie under the authority of the above quoted resOlut!on. iN bti'ITNES ,"'!!EKED !have s;:bscrk ;d m name as A!•sislant Secretary,on this 14th _ day of tsar:.:2_-2000 //,t; ~—F' INSURANCE COMPANY OF THE L":EST .t tl,t4P,VH i. �[-[FMB A'ssistantrSs.retary ICV:'3 7 DECLARATION OF SATISFACTION OF CLAIMS 1, E^lr,/I ,6Z-gI : Jr . �7;VC , , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled ot.p 7`rnai4 Sgyy6g. RggC7. and dated 317100 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 California: (if none, state `NONE") I declare under penalty of perjury that the foregoing is true and correct. -th apo 0 Executed at 14unlT,'t47'nq J?EAtN on this 13 day of 44,42GN 'A_"4. (Signature of Contr tor) g:cc`•cashcon2 B. Pu�y 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 GG — 10 OL.v T0-04 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 contractor training program provisions applicable to the wage rate paid. S c Signature and Title g:cc cashconI Recorded in the Count�� Orange, California Gary L Granville, Cle ecorder IIIIIIII II I IIIII III No Fee 0 WHEN RECORDED MAIL TO: 20000123962 8;37AM 03/09/00 CITY OF HUNTINGTON BEACH 004 001 0.009 118 04 015 01 0 0.00 0.00 0.00 0.00 0.00 0.00 Office of the City Clerk 0.00 0.00 P. 0. 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 II,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 accordng.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. Dated at Huntington Beach, California,this 6th day of March,2000. City Clerk and ex-officio Clerk of the City Council of the City v 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-offici 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-offici Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 Tax-Exempt-Government Agency This document is solely for the CITY OF HUNTINGTON BEACH official business of the City Of Huntington Beach, as con nlm. plated under Government Code Sec. 6103 and should be recorded ---' -' e.f char Deputy City Clerk free o 9 41ITY OF HUNTINGTON BEAN 21, 9�i eon �ccJ MEETING DATE: February 22, 2000 DEPARTMENT ID NUMBER: PW 00-015 Council/Agency Meeting Held: oC—.�o?— 00 Sf? (vO G, !� 5 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 42-W. City Clerk's Signature Council Meeting Date: February 22, 2000 Department ID Number: PW 00-015 CITY OF HUNTINGTON BEACH cm REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ' = > YY./ ... SUBMITTED BY: RAY SILVER, City Administrator,~ �PREPARED BY: d RCrBERT F. BEARDSLEY, Director of Public Works l DAVID C. BIGGS, Director of Economic Development SUBJECT: Accept The Old Town Sewer Project; CC 1096, Phase 2 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 II, Incorporated, has completed its contract for the construction of the Old Town Sewer Project, Phase 2. Funding Source: Sufficient Community Development Block Grant funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Old Town Sewer Project, Phase 2 at a final cost of $70,060.50 and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Alternative Action(s): None. Analysis: On October 18, 1999, Council awarded a contract to Sancon Engineering II, Incorporated, in the amount of $54,757.50. The adopted project budget also included $16,428.00 to cover potential change for a total of $71,185.50 to construct the Old Town Sewer Project, Phase 2. 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,phase 2/notice of complet -2- 02/08/00 9:00 AM RQUEST FOR COUNCIL ACTT N MEETING DATE: February 22, 2000 DEPARTMENT ID NUMBER: PW 00-015 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 as shown on the attached exhibit. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract Amount: $54,757.50 $54,757.50 2. Change Orders: 16,428.00 15,303:00 Subtotal: $71,185.50 $70,060.50 3. Supplemental Expenses: 3,000.00 0.00 Total: $74,185.50 $70,060.50 One change order was issued for this project: 1. Added 335 lineal feet of new sewer lines and reconstruct 2 clean outs. Environmental Status: Not applicable. Public Works Commission Review: The Public Works Commission reviewed and recommended approval of the project by a 6-0 Vote on August 19, 1998. Attachment(s): NumberCity Clerk's Page . Description 1 Location Map of Completed Project RCA Author: Charlonne 1096,phase 2/notice of complet -3- 02/10/00 11:05 AM FC BOLSA AVE. O - • r: r ►: - i w Ye ADDEN VE. ZEOINCE in AVE. N. AVE. S ONEIL � $WARNER '' AVE.SLATER ATALBERT AVE.PACIFIC � ELLIS AVE. NOT TO SCALE S�.QCARFIELD - - P.; C IA Vl Co YORKTOWN AVE. _. . .� qsr AOAYS; AVE.in IN N .AVE. - - TLA A AVE. _ < HAM LTOyr AVE. - -- \ OCEAN ANNIN �1 ~DD ® �D » OD �� E DDCL M O Dch aD AI N O w \ ' E a _ d (PlotStamp Eval] _0l4tdmop.dw9 LOCATION MAP • JJ CITY OF HUNTINGTON' . BEACH DEPARTMENT-.OF PUBLIC .WORKS I ! Rl� 91TY OF HUNTINGTON BEAC /� K �- PI-✓oeka MEETING DATE: 10-18-99 DEPARTMENT ID NUMBER: PW 98-098 Council/Agency Meeting Held: /0 66 7Ap rred/Continued to: pr ed ❑ onditionally Approve ❑ Denied -Q—/ j 2 DP�rY Clerk's Signature Council Meeting Date: 10-18-99 Department ID Number: PW 98-098 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 Director aw PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works e__ AVID C. BIGGS, Director of Economic Development SUBJECT: APPROVE CONTRACT WITH SANCON ENGINEERING II FOR OLD TOWN SEWER PROJECT-PHASE 2; CC-1096 Fstatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On August 27, 1999, the Purchasing/Central Services Division arranged for a call for bids for the Old Town Sewer Project- Phase 2; CC-1096. On September 7, 1999, the bids were opened and on September 20, 1999 City Council awarded the project to Sancon Engineering II. The Public Works Department now requests that the contract be approved. r-' Funding Source: G, l,- N/A Recommended Action: Motion to: 1' - u Approve and authorize the Mayor and City Clerk to execute the agreement for the Old Town Sewer Project with Sancon Engineering II. r Alternative Action(s): N/A 1� i 96RCA2 3.doc -2- 10/12/99 1:11 PM REQUEST FORROUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 10-18-99 DEPARTMENT ID NUMBER: PW 98-098 Analysis: When the original request was submitted to City Council, staff omitted the sample contract. Therefore the Director of Public Works is now requesting City Council to approve the final agreement that has been executed by the contractor. Environmental Status: N/A Attachmentlsl: City Clerk's Page Number No. Description 1 Agreement including insurance and bonds RCA Author: S. Krieger G:1ENG1EC1096196RCA 2_3.doc 96RCA2 3.doc -3- 10/12/99 1:11 PM i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CALIFORNIA 92648 CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: CI&To b e4f-,' 7; /9 9 9 TO: %Y7 eegm g ATTENTION: Name Q / i ; DEPARTMENT: /l�esi�cl f Str c '/ <0-Z 9 REGARDING: City,State,Zi UlO.P ' —Yoh 4q S e .ZJ See Attached Action Agenda Item �'� Date of Approval D 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: 'Bea.R-d.6/ey PkV 6 —Z _� ✓ 020_v s Name Department RCA Agreemen Insurance Other N e D�m�nty /� RCA Agr7nc Insurance Other/ f� /// ✓ Name Department RCA Agreement Insurance Other TYPE S rre•�� Name Department RCA Agreement Insurances Other Risk Management Dept. Insurance Received by Name-Company Name-Date GTollowup/coverltr (Telephone:714-536-5227) FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON ENGINEERING, INC. FOR OLD TOWN SEWER PROJECT (CC-1096) THIS AGREEMENT is made and entered into on this 01 day of De-hheA _ , 19jq, 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 construction of sewer improvements in the Old Town Enhancement Area, in the City of Huntington Beach, California; 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 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 1 agree/sancon fed/jmp/09/14/99 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 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 1997 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 2 agree/sancon fed/jmp/09/14/99 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 "All); 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 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 Fifty Four Thousand, Seven Hundred Fifty Seven Dollars and fifty cents ($54,757.50) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 3 agree/sancon fed/jmp/09/15/99 0 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 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 on 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 4 agree/sancon fed/jmp/09/14/99 • • 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 CONTRACTOR 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 the 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 the 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 the 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 5 agree/sancon fed/jmp/09/14/99 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 The 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California 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 public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of 6 agree/sancon fed/jmp/09/14/99 Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted 7 agree/sancon fed/jmp/09/14/99 • • to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the 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 8 agree'sancon fed/jmpi'09/14/99 • • 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. 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 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 9 agree/sancon fed/jmp/09/14/99 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 nowise 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 the 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. 20 DIFFERING SITE CONDITIONS (1) Notice: The 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 10 agree/sancon fed/jmp/09/15/99 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 the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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. 11 agree%sancon fed%jmp/09/14i99 22. 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, the 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 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 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. 23. 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 12 agree/sancon fed/jmp/09/14/99 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. 24. 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 upon PROJECT have been paid in full and that there are no claims outstanding against 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. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including 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, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 13 agree/sancon fed/jmp/09/14/99 27. 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 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. 28. 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 of 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 14 agree/sancon fed/jmp/09/14/99 $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. Said policy shall name CITY, its officers, and employees 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. 29. 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. 15 agree/sancon fed/jmp/09/14/99 • • 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 the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused 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. 31. 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 16 agree/sancon fed/jmp/09/14/99 this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. 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. 33. 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. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, 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 material s 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. 35. 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 party. 17 agree/sancon fed/jmp/09/14/99 • • 36. CAPTIONS Captions of the section 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. 37. 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. 38. 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. 39. 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. 18 agree/sancon fed/jmp/09/14/99 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 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. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 19 agree/sancon fed/jmp/09/14/99 • • 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 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. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. 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 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. 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) The 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) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that 20 agree/sancon fed/jmp/09/14/99 • • a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The 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. 46. 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. 47. ATTORNEY'S 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's fees. 21 agree/sancon fed/jmp/09/14/99 48. 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 officers, the day, month and year first above written. SANCON ENGINEERING, INC. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of By: California Nick DiBenedetto, President q�� By: ) 2 2 Mayor Deberah DiBenedetto, Secretary ATTEST: REVIEWED AND APPROVED: City Clerk /o z� 99 APP OVED ASJO FORM: Cit dministrator p �C. 1Ofit a4Directoriof ty Attorney D PROVED: Public Works 22 agree/sancon fed../jmp/09/14i99 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SANCON ENGINEERING, INC. FOR OLD TOWN SEWER PROJECT (CC-1096) TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON-ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 47. ENTIRETY 21 agree/sancom fed/jmp/09/14/99 Da� x. .��o I have received Performance Bond No. 167 78 44— Insurance Company of the West for Sancon Engineering, Inc. Labor and Material Payment Bond No. 167 78 44— Insurance Company of the West for Sancon Engineering, Inc. Maintenance Bond No. 167 78 44— Insurance Company of the West for Sancon Engineering, Inc. RE: CC-1096 Phase 2 —Old Town Sewer Project for Sancon Engineering approved by Council on 10/18/99. City Clerk vault file No. 600.60 SA. The bond company has sent two original sets of this bond. I am forwarding both originals to your office for safekeeping. I have kept copies of both of the originals. Dated: By: x X 12 (� Y I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST []EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL* SAN DIEGO,CA 92130-2045 P.O.BOX 85563,SAN DIEGO,CA 92186-5563(619)350-2400 FAX(619)350-2707 Bond Number: 167 78 44 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Sancon Engineering I1,Inc.,as Principal,hereinafter called Contractor,and Insurance Company of the West,as Surety, hereinafter called Surety,are held and firmly bound unto City of Huntington Beach,CA,as Obligee,hereinafter called Owner,in the amount of Fifty-four Thousand Seven Hundred Fifty-seven and 501100 Dollars(S 54,757.50),for the payment whereof Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Old Town Sewer Project-Phase 2;CC-1096 in accordance with drawings and specifications prepared by City Engineer,Dept.of Public Works and/or Standard Specs for Public Works Construction(1977 Edition),which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract price," as used in this paragraph shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed and sealed this 30th day of Sept. AD. 1999. Sancon Engineering II, Inc. (Seal) (WI SS) By: VIC,f- (Title) INSURANCE COMPANY OF WEST D• (WITNESS) By: , - Michael R. angan, �;�.� a S To FORM:1 Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles , On Sent. 30, 1999 before me, Mary q _ Am ri — Nntar3 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(sA) whose name(# isMmx subscribed to the within instrument and ac- knowledged to me that he/sf eAt*9y executed the same in his/h2:0bek authorized capacity(", and that by hisgf aFftebrx signature4�,) on the instrument the person(,), or the entity upon behalf of which the personal acted, executed the instrument. •000•weos•ae•eo•sweeso•ws•••••w•••••� • • �t v'RYS.Ak 11 GG 8 C-n-NINI.#1178731 R WITNESS m hand and officia a I. S {" NO TAr'Y PUSUC.CALIFORNIA S Y 2 P° LOS ANGELES COUNTY 2 • My Comm.Expires April 5,2002 • Ne•a•••woe•eew• w•esweww•ew•e•••w•• SIGNAT E 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 Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARD IAN/CONSERVATOR ❑ OTHER: 9/30/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) TNSURANCIP CC-MpANv Or THE 4+IEST 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 We and lawful Attomey(s)4n-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,a 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 Direck 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: 0 "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each them, is hereby authorized to execute Powers of Attorney qualifying the attomey named in the given Power of Attorney to execute on behalf of t Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the Compar 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 a: 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. INSURANCE COMPANY OF THE WEST ss #ohnL STATE OF CALIFORNIA Executive Vice President SS. COUNTY OF SAN DIEGO IN WETNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal 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: 1,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY, 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 abo%, quoted resolution. IN WITNESS WHEREOF, I have subscribed-my name as Assistant Secretary,on this 30th day of September 1999 IN RAN COMP N F THE WEST aJ..�pV°4y!° • 7 n rai sist t Secre ry ICW 37 LC,1V.GROUP • Bond No. 1608 44 114 EL CAMINO REAL,SAN DIEGO,CA 92130-2045 P.O. OX 85563,SAN DIEGO,CA 9218&5563 (619)350-2400 FAX (619)350-2707 LABOR& MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALLWEN BY THESE PRESENTS: That Sancon Engineering II, Inc.. as Principal, hereinafter called Principal, and Insurance Company of the West, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach, CA,as Obligee,hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Fifty-four Thousand, Seven Hundred Fifty-seven and 501100 Dollars(S 54,757.50),for the payment whereof Principal and Surety bind themselves, their heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for Old Town Sewer Project-Phase 2; CC-1096 in accordance with drawings and specifications prepared by City Engineer, Dept. of Public Works and/or Standard Specs for Public Works Construction (1977 Edition), which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly made payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, and if the Contractor or his subcontractors shall pay(a) amounts due under the Unemployment insurance required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then this obligation shall be void;otherwise it shall remain in full force and effect, subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,material or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a.period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,starting with substantial accuracy in the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office.is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made a public officer. b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof is situated,or in the United States District Court for the district in which the Project,or any part thereof~is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien by presented under and against this bond 5. In case suit is brought upon the payment bond,the surety will pay a reasonable attorney's fee to be fixed by the court. Signed and sealed this 30th day of September, 1999. Sancon Engineering II, Inc., (Princi (Seal) (Title) (Witness) INSURANCE CO ANY OF WEST By: Ad Michael R angan GAIL u`_"_T�N Attomey- -Fact CITY A 171 '.'" i:J By' De : City Attorney' • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 - - - -- ------------- - State of California Countyof Los Angeles . On Sept. 30, 1999 before me, Mary S Ami ri — Nntar�z Pub I c 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(sc) whose name(# iskarsx subscribed to the within instrument and ac- knowledged to me that he/sfteAt*ey executed the same in his/h:p:k1AbRk authorized capacity( , and that by his�heWtheWx signaturejQ on the instrument the person(§), e00000eoacooeo�aoeeeooeesesoseos000 or the entity upon behalf of which the G r MARY S.AMIRI personW acted, executed the instrument. p L COMM. #1178731 R S NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 My Comm.Expires ApHI 5,2002 ; WITNESS my hand and officia seal. �ooe0000eoeoeeeoeeeoe000000seoeeeeeee SIG NOTIRE 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 Labor & Material Payment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 9/30/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) 7NS[7RANC'F COMPANY W THE 16EGT SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 r 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 We and lawful Attomey(s)4n-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings, other contrails 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 Direc 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 eac them,is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the ComoE 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 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. INSURANCE COMPANY OF THE WEST .y 4tro►W STATE OF CALIFORNIA ?ohn 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 principa 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: 1,John H. Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY, 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 abc quoted resolution. IN WITNESS WHEREOF, I have subscribed-my name as Assistant Secretary,on this 30th day of Sept. , 1999 19 INSURANC4 COMP N F THE WEST a,+C A 4*CW 1.\� 4croa� n drlid, sist t Secre ry ,. ICW 37 I. .W. GROUP INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400 -FAX(619) 350-2707 MAINTENANCE BOND Bond No.167 78 44 KNOW ALL MEN BY THESE PRESENTS: That, Sancon Engineering II, Inc., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, CA in the sum of Fifty-four Thousand, Seven Hundred Fifty-seven and 501100 Dollars ($54,757.50), 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 30th day of September, 1999. WHEREAS, on the ,the said Sancon Engineering II, Inc., as contractor, entered into a contract for Old Town Sewer Project-Phase 2; CC-1096 for the sum of Fifty-four Thousand, Seven Hundred Fifty- seven and 501100 Dollars ($54,757.50);and, WHEREAS, under the terms of the specifications for said work, the said Sancon Engineering I1, Inc. is required to give a bond for Fifty-four Thousand, Seven Hundred Fifty-seven and 501100 Dollars ($54,757.50), to protect the City of Huntington Beach, CA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely,until NOW, THEREFORE, if the said Sancon Engineering II, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach, CA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship,then the above obligation to be void;otherwise to remain in full force and effect. Sancon Engineering II, Inc. BY: Insurance Company of the W st BY: /VV(gAolt— Michael . Lang ATTORNEY-IN-FACT Arr�,- ._.-. ns ` � FORA: GAIL Hi;TTON CITY ATTORNEY By: D p City Attornp- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California Countyof Los Angeles . On September 30, 1999 before me, Mary R _ Amiri Notary p+itilin DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(st) whose name($ iskKex subscribed to the within instrument and ac- knowledged to me that he/skaAtzay executed the same in his/hof/Ab:pir authorized capacity4", and that by hisfter4h.eWx signatur4Q on the instrument the person(-2), :"•'•••••••••••°••••••••••.••••••... or the entity upon behalf of which the MARYS.AMIR1 a personal acted, executed the instrument. s COMM. #117873 NOTARY PUBLIC-CALIFORNIA' S 2 LOS ANGLES COUNTY 2 �............:.C.::; Upires Aprff WITNESS myhand and offiial seal. 1211" SIG TURE 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 Maintenance Bond TITLE OR TYPE OF DOCUMENT TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one K9 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: September 30, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTI Y(IES) TNS[IRA E COMPANY-OE THE W-ST SIGNER(S)OTHER THAN NAMED ABOVE m1993 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(3} n-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and s urety bonds,undertakings 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 Dire 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 ea: them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in'the given Power of Attorney to execute on behalf c Company,fidelity and surety bonds;undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the Corn; 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 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. `�c°�"■'��� INSURANCE COMPANY OF THE WEST 6AA l STATE OF CALIFORNIA ohn t, annum,Executive Vice President SS. ., COUNTY OF SAN DIEGO IN 1MTNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this Instrument by the princip< 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 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 abc quoted resolution. , IN WITNESS WHEREOF, I have subscribed-my name as Assistant Secretary,on this 30th day of September t999 �•`0�����'' IN RAN COMP N F THE WEST n 1H aid,A4313t t Secre ry ,. ICW 37 I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST a ❑EXPLORER INSURANCE COMPANY ; ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL*SAN DIEGO,CA 92130-2045 P.O.BOX 85563,SAN DIEGO,CA 92186-5563(619)350-2400 FAX(619)350-2707 Bond Number: 167 78 44 'rr: PERFORMANCE BOND Y� KNOW ALL MEN BY THESE PRESENTS: ==m That Sancon EngineeringII Inc.,as Principal hereinafter called Contractor,and Insurance Company of the West as _ Pant Surety, 4 hereinafter called Surety, are held and firmly bound unto City of Huntington Beach,CA,as Obligee,hereinafter called Owner,in the . amount of Fifty-four Thousand Seven Hundred Fifty-seven and 501100 Dollars($54,757.50),for the payment whereof Contractor. Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents;, f WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for Old Town Sewer Project-Phase 2;CC-1096 in accordance with drawings and specifications prepared by City Engineer,Dept.of Public Works and/or"_:: Standard Specs for Public Works Construction 1977 Edition),which contract is pec ( ) by reference made a part hereof,and is hereinafterar, referred to as the Contract. ={ £_t NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfuRy r perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default,or shall promptly :; (1) Complete the Contract in accordance with its terms and conditions,or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by' Surety of the lowest responsible bidder,or,if the Owner elects,upon determination by the Owner and Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as Work progresses`(even though th should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficieitF t funds to pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of the contract pricer as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. ;p, Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors,administrators or successors of Owner. Signed and sealed this 30th day of Sept. A.D. 1999. : Sancon Engineering II, Inc. (Seal) ( SS) By: (Title) INSURANCE COMP OF ST r , (WITNESS) By: obi:i Michael R. L Fti Al IJ ;^'1 Attorney-In-Fact �• ,,i-.t,Ore Av :'=` r ANY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59o7 State of California County of Los Angeles . On seFt. 3o, 1999 before me, Mary R _ Ami ri _ Nntar3; P„b1 .1 c , 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(s<) whose name(# ishamx subscribed to the within instrument and ac- knowledged to me that he/ske4hey executed the same in his/h:e:Wb:Pyr authorized capacity4", and that by his heFfteiax signaturekQ on the instrument the person(,), or the entity upon behalf .of which the person(,s,) acted, executed the instrument. ' :eeeMeeN O•NOMNe Meet•eee Neeeee: . • MARY S.AMIRI , • R COMM.#1178731 R WITNESS m hand and officia a I. S ct _I NOTARY PUBLIC-CALIFORNLA S y 2 �A LOS ANGELES COUNTY 2 • My Comm.Expires April 5.2002 ,( - • Iw, I SIGN E 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 - 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: 9/30/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) TNST1RANr-F CChMAW OF TRF. TAWT SIGNER(S) OTHER THAN NAMED ABOVE { ,. C1993 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 We and lawful Attomey(sAn-Fact with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings 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 Dire 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 ea them,Ls hereby authorized to execute Powers of Attorney qualifying the attorney named in'the given Power of Attorney to execute on behalf c Company,fidelity and surety bonds;undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the Comp 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 seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsirile.' 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. �����►'r►.�� INSURANCE COMPANY OF THE WEST a i+uoar� STATE OF CALIFORNIA ?ohn L, annum,Executive Vice President SS. COUNTY OF SAN DIEGO IN WETNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the princip have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. 0 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 ATTORNE` 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 a quoted resolution. , IN WITNESS WHEREOF,I have subscribed-my name as Assistant Secretary,on this 30th day of Sept. , 1999 19 +`,�OY►YII�i INSURANC4 COMP N F THE WEST 4tre.n+ nti.UaiTWsist i Secre ry ICW 37 LC.V GROUP • Bond No. 16044 11455_-1,CAMINO REAL,SAN DIEGO,CA 92130-2045 P.O.BOX 85563,SAN DIEGO,CA 92186-5563 (619)350-2400 FAX (619)350-2707 LABOR& MATERIAL PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: That Sancon Engineering II, Inc.. as Principal, hereinafter called Principal, and Insurance Company of the West, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach, CA as Obligee, hereinafter called Owner,for the use and benefit of claimants as hereinbelow defined, in the amount of Fifty-four Thousand, Seven Hundred Fifty-seven and 501100 Dollars(S 54,757.50),for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for Old Town Sewer Project-Phase 2; CC-1096 in accordance with drawings and specifications prepared by City Engineer, Dept. of Public Works and/or Standard Specs for Public Works Construction (1977 Edition), which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly made payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, and if the Contractor or his subcontractors shall pay(a) amounts due under the Unemployment insurance required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then this obligation shall be void;otherwise it shall remain in full force and effect, subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,material or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant,and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal,the Owner,or the Surety above named,within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made, starting with substantial accuracy in the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made a public officer. b) After the expiration of one(1)year following the date on which Principal ceased Work on said Contract,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project,or any part thereof;is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4. The amount ofthis bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder,inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvement,whether or not claim for the amount of such lien by presented under and against this bond. 5. In case suit is brought upon the payment bond,the surety will pay a reasonable attorney's fee to be fixed by the court. Signed and sealed this 30th day of September, 1999. Sancon Engine ' g 11,Inc., (Principal) (Seal) v (Title) (Witness) INSURANCE COrANX OFMM WEST By:MichaelR. angan APPhuvE� ,'' 1' 1`ur:l" Attorney-I -Fact G A I L Hi;T T C"1 CITY ::T":._.:;EY By: r i ty Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles , On Sept. 30, 1999 before me, Mary S _ Am i ri — Nnt.q r3�z public DATE NAME,TITLE OF OFFICER-E.G.,•JANE DOE.NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNERS) (x7 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(sc) whose name(# iskKex subscribed to the within instrument and ac- knowledged to me that he/sftr.executed the same in his/h:e:k9b:pk authorized capacity4i", and that by his�heFAheWx signaturekQ on the instrument the person(s), �..... or the entity upon behalf of which the MARYS.AMIRI person( ,) acted, executed the instrument. p COMM. #1178731 G S NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 •• My Comm.Expires Apra 5,2002 e WITNESS my.hand and officia seal. SIG RE 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 Labor & Material Payment Bond TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 9/30/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT IY(IES) TM IRAN(� COMPANY OF ME �E-517 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.t.ANGAN its We and lawful Attomey(s}n-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakin other contracts of suretyship of a similar nature. This Power of Attomey is granted and is signed and sealed by facsimile under the authority of the following Resoluton adopted by the Board of D. 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 c them,(s hereby authorized to execute Powers ofAttomey qualifying the attorney named in'the given Power of Attorney to execute on behai Company,fidelity and surety bonds;undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the Cot 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 signatur 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 tr 30th day of July 1998. INSURANCE COMPANY OF THE WEST a • 'etv�.�.o STATE OF CALIFORNIA #o�hnLHannumKExecutNe 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 print have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 41 Z 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 ATTORN 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 quoted resolution. , IN WITNESS WHEREOF,I have subscribed-my name as Assistant Secretary,on this 30th day of Sept. , 1999 19 o`eer►ur�'.� IN SLIRAN COMP N F THE WEST .Jt+ce�ewr, • • i Al. d Aid, . sist t Secre ry ICW 37 LC W.GROUP INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ❑INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real, San Diego, CA 92130-2045 P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400-FAX(619)350-2707 MAINTENANCE BOND Bond No.167 78 44 KNOW ALL MEN BY THESE PRESENTS: That, Sancon Engineering H, Inc., as Principal, and Insurance Company of the West, a corporation organized under the laws of the State of California and authorized to do a surety business in the State of Califomia, as Surety, are held and firmly bound unto the City of Huntington Beach, CA in the sum of Fifty-four Thousand, Seven Hundred Fifty-seven and 501100 Dollars ($54,757.50), 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 30th day of September, 1999. WHEREAS, on the ,the said Sancon Engineering II, Inc., as contractor, entered into a contract for Old Town Sewer Project-Phase 2; CC-1096 for the sum of Fifty-four Thousand, Seven Hundred Fifty- seven and 501100 Dollars ($54,757.50);and, WHEREAS, under the terms of the specifications for said work, the said Sancon Engineering II, Inc. is required to give a bond for Fifty-four Thousand, Seven Hundred Fifty-seven and 501100 Dollars ($54,757.50), to protect the City of Huntington Beach, 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 NOW, THEREFORE, if the said Sancon Engineering H, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach, 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 Engineering H, Inc. BY: Insurance Company of the W st BY; Michael R ang �,� i0 FORM: ATTORNEY-IN-F CT AP P r. m J y GV 'TON C11j •- By: D . Ca Uy rttorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California Countyof Los Angeles . On September 30, 1999 before me, Mary Ami ri — Nntg3:y 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(# ishareX subscribed to the within instrument and ac- knowledged to me that he/sue executed the same in his/ho-k/Ab.2jr authorized capacity4 , and that by his�h@Wthei=ax signature Q on the instrument the person(), e'•°'••••°°°°•°�••••°°°•°•°..••••... or the entity upon behalf of which the COMM. 17873I G person( acted, executed the instrument. S ,~ OI�9h1. #1178731 NOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 _• My Comm.Expires April 5,2002 WITNESS m hand and offpaI seal. •••+••.00..o.000.o........o.000..00i S7XTURE 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 Maintenance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: September 30, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) INSURANCE MMRANY_OF 'THE WF4T SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 /7 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,undertakir 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 c 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 hoard,the President,an Executive Vice President or a.Senior Vice President of the Company,and them.Is hereby authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute on beha Company,fidelity and surety bonds;undertakings,or other contracts of suretyship of a similar nature:and to attach thereto the seal of the Cc 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 signatu, 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 t 30th day of July 1998. `Lc•a""��� INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA ohn L annum,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 print have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 41: 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 ATTORN 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 quoted resolution. IN WITNESS WHEREOF, I have subscribed-my name as Assistant Secretary,on this 30th day of Sept. , 1999 19 +``�erru►y�i IN RAN COMP N F THE WEST 3 (" t44AF n1H. rai , sist t Secre ry ICW 37 I—D 7 ACORD,M CERTIFICAT OF xLIABILITY .INSURA' E ' DATE(MMIDD/YY) 09/30/99 PRODUCER EAST THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION �A (,OD,bONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6111 Eastman&Company Ins Brokers �,{/e ND, HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2550 N Hollywood Way Suite 201, ��pYv✓p LC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Burbank,CA 91505-1055 COMPANIES AFFORDING COVERAGE 818 842-2400 COMPANY i AbS2rlf" A Pacific Eagle Ins Co INSURED 002047 COMPANY Sancon Engineering Inc. B Transportation Insurance 5841 Engineer Drive COMPANY Huntington Beach, CA 92649- C Valley Forge Ins Co COMPANY D COVERAGES 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 REQUIREMENT, 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000,000 C 17 CLAIMS MADE �OCCUR 99CO1029147116 08/01/99 10/01/00 PERSONAL&ADV INJURY $ 1,000,000 17 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 50,000 LJ MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO 1,000,000 ❑ ALL OWNED AUTOS BODILY INJURY B ❑ SCHEDULED AUTOS 99BUA1029144748 08/01/99 10/01/00 Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY O' c AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: ity �'�ttor.ne9 EACH ACCIDENT $ ❑ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 B UMBRELLA FORM 99CUP1036 48 08/01/99 10/01/00 AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND L) TORY LIMITS I Ll ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1000000 A THE PROPRIETOR/ INCL 4S9900237 10/01/99 10/01/00 EL DISEASE-POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: `� EXCL EL DISEASE-EA EMPLOYEE $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Re: Old Town Sewer Project-Phase 2;CC-1096. The City of Huntington Beach,it agents,officers and employees and Orange County Sanitation District are named Additional Insured as respects to General Liability. ,CERTIFICATE HOLDERS _ CANCELLATION-`10 Day Notice For Nonpayment of_Prem_iu_m_ -- _ ..:._-T. v_ _ _.s 10 Da SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL IXXXXY,"MAIL 2000 Main Street 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O.Box 190 XXXXXXXXXXXXXXXXXXXXXXXXXX Huntington Beach ,CA 92648- XXXXXXXXXXX ? THOR D PRESENTATIVE ACORD 25LSN(1195) _,. _ =` _ACORD CORRORATION;1988 POLICY NIJWBER: 99CO1029147116 • C(&ERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach 2000 Main Street P.O.Box 190 Huntington Beach, CA 92648- (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Re: Old Town Sewer Project-Phase 2;CC-1096. The City of Huntington Beach,it agents,officers and employees and Orange County Sanitation District are named Additional Insured as respects to General Liability. The City of Huntington Beach,its agents,officers and employees and the Orange County Sanitation District. It is agreed that such insurance as is afforded by this policy or by the policies for the benefit of the Additional Insured(s)shown above shall be primary insurance,but only as respects any claims,loss or liability arising out of the operations of the Named Insured(s),his subcontractors or materalamen or suppliers and a y insurance maintained by the Additional Insured(s)shall be Excess and Non Contributory. Auth riz d Represe? tive CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 ° SECTION C PROPOSAL for the - - - OLD TOWN SEWER PROJECT—PHASE 2 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. °& 41,7Fes' 9 a r u v r_ r If awarded the Contract, the undersigned agrees that-in the ent of the BIDDER'S default in executing the requirOontract and filing the necessary bond sl 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, findl3,00sw'r in the amount of$ /rI 4 .aiv 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: tI enda=;_o, Da a ece:_v_e tde�s Sc na ure , C-2 • PROJECT BED SCHEDULID mat e =_ x...::.... .......::,.....:P.... u nh ............:.:::::::. c ztmouat.:-:>.: 1 1 Mobilization of equipment&materials lump sum @ oNE 7_AAv,4SAW> Dollars $ I OQO_ $-1,000 Cents Per lump sum 2 1 Trafic Control per Specs. lump sum @ 1440 Ml 04W C iFrY Dollars $250 $ 250 Cents Per lump sum 3 1 Demobilization of equipment&materials lump sum @ ONE 7X1G.43AWD Dollars $ 00 $_.000 Cents Per lump sum 4 1905 line 8"host pipe per Specs. Sp lin ft @ 7-Ule-oY7 V — Si x Dollars $26 $Jr — Fi i TI Cents Per lin ft 5 71 Re-open service lateral per Specs. oo each @ rw il�Ni}/ F/VZ Dollars $ 2S $ 7� Cents Per each 6 S Grind protruding lateral per City requirements 00 0� each @ F,GTY Dollars $ O $ 250 �o Cents Per each 7 Not Used @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 5-7 5d Total Amount Bid in Words: C# Fo.,A Tka,&SAAID 5E✓,E.nl f t,-AIDki-�D Fs^f Siv" o /oo C-Is r r . LIST OF SUBCONTRAC4&RS 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 laid 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. r )VOA/ — rtion ame ress of u roll actor tale 7cense Glass 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 Y - ' &ONCOLLUSION AFFIDA'V• TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID s, State of California ss. County of Orange 1V;4A Of SAr -A d,-7T"a , being first duly sworn, deposes and says that he or she is ,�R�s iytr ri of_gff"ta✓ eA-6,*'A'r4tea 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. 27 Name of Bidder ig ature of Bidder Address of bidder Subscribed and sworn to before me this2 '`- 3ay of , 199 . PEGGY E SCANLON Commission#1227652 Notary Public-C0111101nia Orange County NOTARY PUBLIC Mr Comm.Fires Jul 2 2oai 00 NOTARY SEAL C-4 e . • UTILITY AGREEMENT• s 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 2; CC- 1096, (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. Contractor By vice Title Date: 117 f�g C-5 IOQUALIFICATION QUESTIONAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty ojper ury, 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 X 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 COI*ENSATION INSURANCE coriFICATE 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: f/2 • C-7 ONDERGROUND SERVICE �*RT 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 • BIDDER'S INFORMAT. BIDDER certifies that the following information is true and correct: Bidder Name s7 �' �� L�i/l a✓�C2 D?ova' _. Business Address r19 9zGY 9 City, State Zip t 7iy ) LP2L 2 3 3 Telephone Number y7 41-7 State Contractor's License No..and Class Z- 27-.2Z Original Date Issued Expiration Date The work site was inspected by AM /A,/,zfrk.,P zT� of our office on 199'�? The following are persons, firms, and corporations having a principal interest in this proposal: �Dl3 �v��i%rl.l wo2TH t/©�T?�Sv/tL�iL C-9 The undersigned is pre&d to satisfy the Council of the City 0Iuntington 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. _S'��✓c Oi✓ �i�/(���✓crE-n.rya // t� Company Name Signature of Bidder orr Printed or Typed.Signatige Subscribed and sworn to before me this,4L day of , 199'1. PEGGY E SCANLON Com nksion#1227652 z Notary Public-Col arrga Orange County NOTARY PUBLIC L MY Comm.Expbw Jul 2W 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 Ti.11'" I✓W< Nam and Address of Irublic Agency Name and Telephone No. of Project Manager: 7,5 G i oao i ^• • Contract Amount Type of Wor Date Completed 2• Z coo 4,109 y si Name and Address of Public Agency Name and Telephone No. of Project Manager: 1-%i'fGl� Cfi�i9l���r� 5.3�Sy3 Contract Amount Type of Work v Date Completed 3 C;4e of C-&,,i /t���/o �O! LadAAX..0- o,PIrs- Name and Address of Public Agency Ci�i"tf�'/1%�,co cA. g3oi6 Name and Telephone No. of Project Manager: 1i0,�, 166ls0 ti 3S S-"5 3 / s o Contract Amount Type of Work Date Completed C-10 ALL AMS O BEL W MUST BE AMPLETED The requested information must be returned with the bid or the bid will be considered h5n- responsive. Bidder's name: __ S�i✓COi+/ �i✓G��vE-�7r i 11 /.�. Bidder's address:. / E jey-ezn 0/?wz- lVcl c,-� 7?cy y Phone number: Fax number: �7iy� fry/- 2sC Pipeline rehabilitation process (trade name) bid: N!-���✓ 1L (Choose only one per Section B- "Instructions to Bidders" #12) 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 35) 32. 5� 4. Have the ability and will supply the necessary amount of material within the construction time frame. List of three certified laboratories that can perform the required ASTM testing. The laboratories must be within the Southern California area. Laboratory number 1: Name: 5 GS us. Le �Ncy , Address: SS'S S-' T�-��gR/�Pr/ i7o�o �o��elrs c�9. 9Oroy6 Telephone number: a 237 cF-3 o 0 Contact person: 1-7 3 v/iA,s4-, Laboratory number 2: Name: 2fi c lKl` %�--�H�✓/L�' St�nvicvs Address: 3S 7,574 j/o Yh 9� -S• 5rd. - 2 0� 17*4-C&- Telephone number: -3io) 7y3 7/ 73 Contact person: Laboratory number 3: Name: (7Givt f tr-rT �,9�v2 l riz 4 i tiG. Address: ����3 �r ,[-g�l�— nit A,,•S+•s���M eA 9z807 Telephone number: L7i41:� 30 - K 0 03 Contact person: /�izvc[ Sr7v�it C-11 • BIDDER'S CERTIFICATIC& . HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations,Part 135* a 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 adt Z"y _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: ' 4A CAN 04 G/1 A,0;Z1 6 �V_- ZdG Contact Person: 1-�ZICLIIV6S�jJo� Contact Phone: 7/4 9 5Y - .2 3 Z.3 Signed: Date:_ *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A e4 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 s` r I.C.W. GROUP ®INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY DINDEPENDENCE CASUALTY AND SURETY COMPANY BOND NO. 148 65 68 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Sancon Engineering H, 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 ($10%) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS,the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated Sept. 7, 1999 for bid Old Town Sewer Rehabilitation Project-Phase H in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void,otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 30th day of Aug, 1999. Sancon Engineering II, Inc. BY: Insurance Company of the W st BY: Michael R. gan Attorney-in- act :t • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 °State of California Countyof Los Angeles . On August 30, 1999 before me, Mnr)t q Ami ri — Nn�ar� pllhli C , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared Michael R. Langan NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(st) whose name(# isharax subscribed to the within instrument and ac- knowledged to me that he/skeAbay executed the same in his/b&:k1Ab:pk authorized capacity4kM, and that by his$h@W*hekx signatUrejQ on the instrument the person(), or the entity upon behalf of which the *see***.•...........................• personW acted, executed the instrument. MARY S.AMIRI . a COMM. #1178731 q S NOTARY PUBLIC.CALIFORNIA S WITNESS my hand and official Wal. 2 LOS ANGELES COUNTY 2 • — My Comm.Expires April 5,2002 I NATUR FNOTA Y 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 El GENERAL one ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 8/30/99 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTrrY(IES) TNSTMANrP. r-MPAMV Q? THE WEST SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmel 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)4n-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings. other contracts of suretyship of a similar nature. This Power of Attorney is granted and Is signed and seated by facsimile under the authority of the following Resolution adopted by the Board of Direr 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: 0 "RESOLVED,that the Chairman of the Board,the President,an'Executive Vice President or a Senior Vice President of the Company,and eace them,Is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of 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 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. ``oer"'�•,� INSURANCE COMPANY OF THE WEST a" r+tsoa+v STATE OF CALIFORNIA ohn L annu ,m,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 principa: have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122. Jerry Fataul Janis Theodore CERTIFICATE: 1,John H. Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY. which the foregoing is a true copy,Is dill in full force and effect, and that this certificate may be signed by facsimile under the authority of the abc quoted resolution. IN WITNESS WHEREOF, I have subscribed-my name as Assistant Secretary,on this 30th day of Aug. , 199.9 19 +``iornrl4, •, INSURANC9 COMP N F THE WEST aJ VO4Nl� 7 WZA4rron► n K C&4, sist t Secre ry ' • ICW 37 CALIFORNIA ALL-PURPO•ACKNOWLEDGMENT • State of California County of Orange p On CA � q 1 l before me, Pegcry E. Scanlon, Notary` Public , Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public') personally appeared Nick DiBenedetto Name(s)o(Signer(s) ' - EX personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(a) whose name( is/a[jtsubscribed to the within instrument and acknowledged to me that he/sb.K/3t-=executed the same in his/her/their authorized capacity is*,and that by his/blet&mic signature(s)on the instrument the person(s), PEGGY E.SCANLON or the entity upon behalf of which the'perso-6M acted, _ Commission# 1227652 Z Notary Public-California executed the instrument. Orange County My Comm.Expires Jol22003 WITNESS my hand and official seal. - - a Cam- Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent " ? fraudulent removal and reattachment of this form to another document Description of Attached Document } Title or Type of Document: �r''��c- c �— Document Date: C Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Aftomey-in-Fact ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association-8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827 SEP 07 1999 14:59 FR AMER PIPE AND PLASTIC607 775 2707 TO 17148912524 P.02i02 R amer'can 0 Pipe &. Plastics P.O.Box 577, Binghamton, New York 13902 Phone 607 775-4340 tt1C. Web Site WWW.tier.net/ampipe/ Fax 607 775-2707 September 7, 1999 To Whom It May Concern: Please be advised that Sancon Engineering, Inc., of Huntington Beach, CA, is a factory licensed and trained installer of the AM-LINER 11 Trenchless Pipeline Rehabilitation Materials manufactured by American Pipe&Plastics, Inc. American Pipe & Plastics' AM-LINER Il PVC manufacturing facility is located in Kirkwood, NY. This Plant's prooesslprocedures and production quality control were Inspected and evaluated by a seven- member team representing the Joint Cooperative Committee of the Southern Califomia Districts Associated General Contractors of California GREENBOOK Standard Specifications for Public Works Construction. This Inspection took place on October 31. 1994—November 1, 1994. The seven-member inspection team was composed of the following individuals: IB§Rkdor osition Agency Wait Shioji . Chairperson-Pipe Rehab.Task Force City of LA, Eng. Div. George Parkinson Chairperwn-New Materials Sub Comm City of San Diego, Eng. Div. Hugh Lee Task Force Member City of LA, Structural Eng. Div. Ker-Shih Nung Task Force Member City of LA, Standards laboratory Jesus Aceves Task Force Member City of LA, Contract Adm., Inspection Ireaj Asgharzaded Task Force Member City of San Diego,Water Dept. Design Dave Bedgley Task Force Member Factory Rep.AM-LINER American Pipe & Plastics manufactures AM-LINER 11 in SDR thicknesses that exceed the minimum SDR of 35. AM-LINER II standard material is manufactured in SDR 32.5 and 26. American Pipe&Plastics has adequate manufacturing and supply capabilities to provide the necessary amount of AM-LINER II material within the construction time frame. Please don't hesitate to call me if you have any questions. ;Sin ly, obbi Zum resident ** TOTAL PAGE.02 ** r AM-LINER II PVC LINER DESIGN REPORT LINER THICKNESS CALCULATIONS FOR OLD TOWN SEWER PROJECT - PHASE 2 CITY OF HUNTINGTON BEACH SANCON ENGINEERING II, INC. HUNTINGTON BEACH, CALIFORNIA S" DIAMETER PIPE LINER DEPTH OF COVER - 10' WATER ABOVE PIPE - 5' SEPTEMBER 7, 1999 QRpf F SS/ ,, ���OQQhiCR ° s c 26 r^ m s' �/ " m �Z �`OF CAS-�U AMLINER II PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH w Thickness Calculations for 8 Inch AM-Liner II = � AM-Liner II Dimensions Liner Diameter in. 8 in Liner Thickness (in.) 0.246 in K Liner SDR 32.5t AM-Liner II Physical Properties Initial Tensile Stress psi 3600 psi Initial Flexural Strength (psi) 4100 psi Initial Flexural Modulus of Elasticity psi 145,000 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 pc 1201 pcf Es = Soil modulus (psi) .10001 psi 5 Safety Factor (N) 2.0 H = Max soil height over pipe (ft) 10 ft Hw = Assumed height of water above pipe ft 5 ft SANCON ENGINEERING II, INC. NICK DiBENEDETTO, P.E. AMLINER II PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 1 . Determine -the loading on the pipe using the modified Marston Formula and the Boussinesa Formula Base Equation: Total Load tot = We + WI Dead Load We = Cd * w * Bc * Bd Marston Formula Cd = loading coefficient Cd = 1 - e^(-2 '' ku'* H/Bd) 2 * ku' e = 2.718 H = Height of soil above pipe H = 10 ft ku' = .130 ku' =1 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 lbs/ ft• Live load (WI) = Cl * P " (1 +1 f) Cl = Live load coeficient (/ ft) CI = 0.001 P = wheel load (lb) P =1 20000 jib 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 = 35 0.99 Ibs/ ft• SANCON ENGINEERING II, INC. NICK DiBENEDETfO, P.E. AMLINER II PIPE THICKNESS CALCULATIONS CITY OF HUNTINGTON BEACH 2. Determine External Pressure on Pike Base equation: a (psi) = Yw* Hw + (Rw* Wc /D + WI/D Where: We = vertical soil load = s " H ' D / 144 Modified eauation a (psi) = Yw * Hw * 12in./ft. + Rw * Ys * H /144 + WI / D * 12in./ft. where: Yw = Specific weight of water (lb/in ^3 Yw = .0361 lb/in A3 Hw = Height of water above pipe ft. I Hw = 5.00 ft Rw = Water Buoyancy Factor = 1-.33 Hw/H Rw = 0.84 Ys = Soil Density Ib/ft^3 I Ys = 120 pcf H = Height of soil above pipe ft I H =I 10 ft WI = Live load lb/ft I WI =1 20 Ilb/ft D = Pipe Diameter in. D =j 8 lin I Therefore: External Pressure on the pipe (qa) I qa = 9 P-5-i SANCON ENGINEERING II, INC. NICK DiBENEDETfO, P.E. AMLIN% II PIPE THICKNESS CALCPATIONS r CITY OF HUNTINGTON BEACH 3A. Thickness Required for Buckling Pressure r Euaion CN 32*Rw*B'*ES*EI/DA3 ^.5 Modify the Base Equation by adding the fbIlowing substilmtion: 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: I = Moment of Inertia (in^4/in = t^3/12 t = minimum liner thickness in D = Pipe diameter in D =j 8 in N = Safety Factor I N =j 2 a = external presure on pipe (psi) a =. 9.33 1 psi Ovality of Pie 1 2 % C = Ovality Factor = 1 - % ovalit /100 / 1 + % ovalit /100 ^3 C =f 0.84 El = Long term modulus of elastict (psi) El = 108,750 psi Rw = Water Buo ance factor Rw =j 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 =l 10 ft Therefore: Minimum thickness required for 8" AM-Liner II is (tmin)=1 0.142 'in. Specified Minimum Thickness for 8" Liner is (tmin)= 0.225 in. Use Standard SDR 32.5 AM-Liner II with thickness (t) of t = 0 2 in. SANCON ENGINEERING II, INC. NICK DiBENEDETTO, P.E. IAI '.�Ive-olv L�)96.1126 life otes Office of the City Clerk Huntington Beach, California 7 AAA 4AAC W1 S,�0�Fle,� Awl Ye : hie bonds. s se e / . -owtme�Ct eu� Dr �hQJ1�C ern, e ,� �' -/Y-xz Ae- 1116L)i/L dal-,e-ff e-., s � /5a27 - &Jle-d- J.e.,qnjFeoe..) Ye , �Ar 26ovg- )eFr AM A V by s e s a . ,r Ax- ot F RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: APPROVE CONTRACT WITH SANCON ENGINEERING II FOR OLD TOWN SEWER PROJECT-PHASE 2; CC-1096 COUNCIL MEETING DATE: October 18, 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) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached 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 REWEWEO�... 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: S. Krieger ncS TiCe Notes -Office of the City Clerk Huntington Beach, CaCfornia y/z � A (0oo. (a 7x7e� �ah - , q a y - .,�. zu . 17/ • ., ,- �i /.y%1 .-r t..��-i/.,:> Jam` � �_.+ (/• f oil, Ud asl • r , �-' �.��_ ��� per✓ /Zb�'f kC4- FYI 59 • • � � � �y c�ew'4ktt c�� ce,�. C-��. • • TiCe votes -Office of the City C(erh Huntington Beach, California Axxzi - �/z 2 k"a& Ala lif 67 A) elhq Iel &- a' r U � ` �� ;ram:�!�<-,.�� �=.-::�,:�•�'`• U� �,J'-''.-ti-•��`�-ram -!% c /f�.tG f <'--�r 11TY OF HUNTINGTON BE C /-S•yC�r: , �,AcJ MEETING DATE: 09-20-99 DEPARTMENT ID NUMBER:PW 98-098 �oo. Go Council/Agency Meeting Held: I/ae Zg9 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ 17 —o City Clerk's Signature Council Meeting Date: 09-20-99 Department ID Number: PW 98-098 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION_;_ y, r SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS �° -'- 1� ^�+'�' SUBMITTED BY: RAY SILVER, City Administrator/Executive Directory fJ�-' =- U > i✓ PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work '`�' DAVID C. BIGGS, Director of Economic Development SUBJECT: ACCEPT BID FOR OLD TOWN SEWER PROJECT- PHASE 2; CC- 1096 Fstatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On August 27, 1999, the Purchasing/Central Services Division arranged for a call for bids for the Old Town Sewer Project- Phase 2; CC-1096. On September 7, 1999, the bids were opened. The Public Works Department requests that the contract be awarded to Sancon Engineering II, Inc., as the lowest responsive, responsible bidder. The Contractor will slip line approximately 1,900 lineal feet of sewer main within the Old Town area. 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$54,757.50; And, r_`3 C� 96RCA2 2.doc -2- 09/08/99 3:35 PM REQUEST FOR OUNCIL/REDEVELOPMENAGI ENCY ACTION MEETING DATE: 09-20-99 DEPARTMENT ID NUMBER: PW 98-098 3. Authorize the Director of Public Works to expend $74,184.75 to cover the contract cost of $54,757.50, estimated construction change orders of $16,427.25 (see explanation below), and anticipated supplemental expenses of$3,000. Alternative Action(s): Reject all bids and direct staff to re-advertise or abandon the project. Analysis: On August 27, 1999, the Purchasing/Central Services Division arranged the call for bids for the Old Town Sewer Project. Bids were received on September 7, 1999. 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. $54,757.50 2. U-Liner $65,837.50 3. Insituform, Inc $67,745.00 Staff recommends that Council accept the bid from Sancon Engineering 11. The engineer's estimate for this project was $70,000, which is approximately 22% higher than the bid of Sancon Engineering II. Staff has completed its reference check for Sancon Engineering II, and has received favorable references from past clients. Sancon Engineering II has worked for the City in the past with favorable results. Due to increasing competition, and further refinement of the trenchless lining technology, staff received very favorable bids as compared to past history. Staff is requesting that 30% be reserved to cover change orders instead of the normal 10% limit set by Resolution Number 4896. The higher change order limitation will allow staff to increase the amount of sewer mains to be lined within the budgeted amount. Public Works Commission Review: The Public Works Commission reviewed and recommended approval of the project by a vote of 6-0 on August 19, 1998. Environmental Status: The Old Town Sewer Project is categorically exempt per section 15301 "B". Attachment(s1: City Clerk's Page Number No. Description 1 Location Map RCA Author: S. Krieger:jm G:\ENG\EC1096\96RCA 2_2.doc 96RCA2 2.doc -3- 09/09/99 1:24 PM ATTACHMENT 1 tea. .S o I 9'L a�� OAF c-T v_S, _ CO 7ADDEN IAVE. z EDINGER AVE. J W Z- a c;WARNER AVE- i—` x I ' SLATER AV--_. 405 A TALBERT AVIL PACIFIC 9�ir NOT TO SCALE in ELus Abe. -ARE IELD — AVE. y Q YC•k KTCW\ ��•�AVE.f i ._ AD.AMS .AVE. ✓.— N.A. S AVE. Y a c 9 o ry z AVE- e Z c AP.IILTCN AVE. \ OCEAN � y�S} BANNING AVE- I • I UL1 U / Lam\ il HI E / I I lD _ I I� O �J_ �� Q U II A• ila�Ll �� o I c Line F i CD o �¢ u�_ a L& n IgL.�e of r�]e I � F- k, / 0 0 A"El Ch CUI , � AIUNlA AK. / O O [PIatS;cmp Evc _Oldtdmap.dwg LOCAT0ON PAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: , PUBLIC WORKS ENGINEERING SUBJECT: ACCEPT BID FOR OLD TOWN SEWER PROJECT- PHASE 2; CC-1096 COUNCIL MEETING DATE: September 20, 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 Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne 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; FORWA..RDED Administrative Staff Assistant City Administrator (initial) ( ) ( ) City Administrator Initial /! City Clerk X OE R (Below • . • Only) RCA Author: S. Krieger