HomeMy WebLinkAboutSANCON TECHNOLOGIES - 2001-05-07 CITY OF HUNTINGTON BEACH RLS No.
REQUEST FOR LEGAL SERVICES Assn To :
Gail Hutton, City Attorney Date
W
Date: Request made by: Telephone: Department
5/22/01 David Verone 8471 . Public Works
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
❑ Ordinance ❑ Opinion ❑ Stop Notice
❑ Resolution ❑ Lease ® Bond
❑ Meeting ® Contract/Agreement ❑ Deed
❑ Court Appearance ® Insurance ❑ Other:
Is Request for Preparation of Contract form attached? ❑ Yes ® No
Are exhibits attached? ® Yes ❑ No
Unless otherwise specified herein, I
If not for Council action, y� consent to the disclosure of the
If for City Council action, desired completion date: information contained in this RLS to all
s of the Ci il.
Agenda Deadline
Council Meeting 6/1/01 ature of De rtment HCa
COMMENTS: Routing: '.
Please review and approve"As to Form"the following contract documents furnished by Sancon Technologies GCH 0 i
Inc. contractor for the 2000/2001 CDBG sewer lining project: CC1141 PDA
JCB ❑:
1. Payment Bond# 1839629 SL
2. Performance Bond# 1839629 WSA
3. Maintenance Bond # 1839629 ADL
4. Certificate of Insurance SF
5. Agreement-for signature only(with attachment A) JIIA ❑'
0 ;
REFERENCE R.L.S. #2001-0264El
SL 4/10/01 0
This Request for''Legal Services has=been assigned to attorney
...
...
extension His/her"secretary Is ; extension
NotesJ.
File Name: Date Completed.
WP=No .
Shaded areas for City Attorney's Office use only.
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Accept Bid for the 2000-2001 CDBG Sewer Lining Project,
CC-1141.
COUNCIL MEETING DATE: May 7, 2001
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 Attaches!
Contract/Agreement (w/exhibits if applicable)
Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attome ) Not Applicable
Financial Impact Statement (Unbud et, 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--,
..
W 'EXPLANATION FOR MISSING ATTACHMENTS
.
r REVIEWED , RETURNED;, FORWARDED
Administrative Staff {o
Assistant City Administrator Initial /
City Administrator Initial
rCity Clerk , - �.�
r;
EXPLANATION FOR RETURN O.F ITEM
tr 'a_,
Only)(Below Space For City Clerk's Use
RCA Author: T. Broussard:jm
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N �
I.C.W. GROUP
®INSURANCE COMPANY OF THE WEST
❑EXPLORER INSURANCE COMPANY
❑INDEPENDENCE CASUALTY AND SURETY COMPANY
BOND NO. 167 78 57
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Sancon Technologies, 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, CA (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 Apri13, 2001 for bid
2000/2001 CDBG Lining Project Cash Contract #1141 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 28th day of March, 2001.
Sancon Technologie c.
BY:: r.
CN�G1� t�A�So�S
Insurance Company of th est
BY: JAA
Michael ang
Attorne in-Fact
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles ss.
On March 28 , 2001 , before me, Mary. S. krLLri
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public')
personally appeared Michael R. Langan
Name(e)of Signer(s)
PS personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(4) whose name(*) is/4e
subscribed to the within instrument and
acknowledged to me that he/ executed
the same in his/keiotwrir authorized
••o•••••••... capacity(41g), and that by his/Flair
R MARY S. AMIRI signature(*on the instrument the person(,; or
s comm. #117t3731 a the entity upon behalf of which the person()
2y NOTARY PUBLIC-CALIFORNMI R acted, executed the instrument.
• LOS ANGELES COUNTY 2
WITNESS nd and official
Place Notary Seal Above Sig re of N ry 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: Bid Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: Michael R. Langan
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
C?F Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Insurance Company of the West
m 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder:Call Toll-Free 1.800.876.6827
•t
JAN-26-00 WED 08:58 INS CO OF THE WEST FAX NO. 8326200 P. 01
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 AttomMs}in-Fad with full pourer and stdhority,to execute.on behalf of the Company,fidelity and surely bonds,undertakings,and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 23rd day of February,1998.which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED,that the Chairman of the Board,the President,an ExvjAW Vice President or a Senior Vice President of the Company,and each of
MGM, is hereby authorized to execute Powers of Attorney qualifying the attorney named In the given Power of Attorney to execute on behalf of the
Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company;
provided however.that the absence of the seal shall not affect the vafdiy of the instrument.
FURTHER RESOLVED,that the signatures of such officers and the seat of the Company,and the signatures of any witnesses,the signatures and
seal of any notary,and the signatures of any offloere certifying the validity of the Power of Attorney,may be affixed by facsimile."
IN WETNESS WHEREOF,INSURANCE COMPANY OF THE WEST has Caused these presents to be signed by its duly authorized officers this
7TH day of DECEMBER AM.
°°"r'"►oi INSURANCE COMPANY OF THE WEST
r4a�,+� C
Wn�
STATE OF CALIFORNIA #hnLxecutive Vida President
SS,
COUNTY OF SAN DIEGO
IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this Instrument by the principal or
have witnessed the prnelpars acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122.
Ne oy Puby Janis Theodore
CERTIFICATE:
1,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THP WEST,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing Is a true copy,is still In full force and effect,and that this certificate may be signed by facsimile under the authority of the above
Quoted resolution.
IN WITNESS WHEREOF,I have subecnbed my name as Assistant Secretary,on this 2 R th_ day of March, 2001
CA °'. INSURANCE C ANY OF T E WEST
�'r'0•�owA �
4ia�.tfi
°4reee►
raig, Isla a etery
lCW 37
0�� City g of Huntington Beach
INTER-DEPARTMENT COMMMUNICATION
HUNTINGTON BEACH
TO: THOSE LISTED HEREON
FROM: Eric R. Charlonne, Contract Administrator
DATE: December 10, 2001 ,
SUBJECT: Retention Release Payment
Company Name: Sancon Engineeering, Inc.
Address: 5881 Engineer Drive
City, State and Zip Code: Huntington Beach, CA 92649
Phone Number: (714) 891-2323
Business License Number:A 200298
Local Address: N/A
Notice of Completion Date:October 29, 2001
Contract Purpose: Retention Release for Cash Contract 1141, CDBG Sewer Lining Project
The conformed copy of the Notice of Completion for the above contract has been filed.
The thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the retention payment is recommended so long as no stop notices or
outstanding invoices are on file with.the City.
certify that no stop notices are on file on s at this time. _
Date0q,,,,,Kbbert F. Beardsley, Public Works Director-
certify that there are no outstanding invoices on file.
Date ar' reidenrich, City Treasurer
certify that no stop notices are on file on the subject contract, and that a guaranty bond _
has been filed with this office. -
ate Connie Brockway,60ity Clerk
Retention Release Memo 12/10/01 9:59 AM
DECLARATION OF SATISFACTION OF CLAIMS
I, ftdGonl �/6/r✓ nl G TfiIG_ , state:
1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully
described in the public works contract entitled 5�,_~ �C(t I q l�
and dated l 1 Z o 1
2. All %vorkers 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.
Executed at $EAG14 on this 12 day of PP_d4E.%&kA ?.00
(Signature of Cont ctor)
gxckashcoO
Ir
B• u�� •-
i
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
( CD6G SFI�R Ltd��f, P�5 �
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.
Signature acid Title
g:cc tashconl
��-]fir.' _ '�•, .r••. .-•
Recorded in Official Records, County of Orange
Gary Granville, Clerk-Recorder
WHEN RECORDED MAIL TO: IIIIIIII!IIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIII�III�IIIIIIINO EEE
CITY OF HUNTINGTON BEACH 20o as N,z20010761619 08:20am 10/29/01
Office of the City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
P.O. Box 190—2000 Main St.
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 Technologies, inc. who was the company thereon for doing the following
work to-wit:
CC-1141 —COMMUNITY DEVELOPMENT BLOCK GRANT 2000/2001 SEWER LINING PROJECT
This project includes the lining of portions of the sewer within the Gothard, Newland, Villa Yorba and r�
Washington Enhancement Areas. N
That said work was completed October 15, 2001 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington.Beach and.that said work was
accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Monday, October 15,2001.
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 Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 22"d day of October,2001.
City Clerk and ex-officio Clerl
of the;;ity Council of the City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange )ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-ofFcio 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 22"d day of October, 2001.
City-Clerk and ex-officio Clerk
of the City Council of the Ci
- -- of Huiiiirigton Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190—2000 Main St.
Huntington Beach, CA 92648
, & CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY.
CITY CLERK
October 22, 2001
Gary Granville
County Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92702
Enclosed please find a Notice of Completion to be recorded and returned to the Office of the
City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648.
Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-
addressed, stamped envelope.
Sincerely,
Connie Brockway, CIVIC
City Clerk
CB Jh
Enclosure: Notice of Completion.—CC-1141 —CDBG 2000/2001 Sewer Lining Project —Sancon Technologies,
Inc.
(Telephone:714536-5227)
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190—2000 Main St.
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 Technologies, Inc. who was the company thereon for doing the following
work to-wit:
CC-1141 —COMMUNITY DEVELOPMENT BLOCK GRANT 2000/2001 SEWER LINING PROJECT
This project includes the lining of portions of the sewer within the Gothard, Newland, Villa Yorba and
Washington Enhancement Areas.
That said work was completed October 15, 2001 by said company according to plans and specifications
and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was
accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on
Monday, October 15, 2001.
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 Beach, as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this 22"d day of October,2001.
Lvc�
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington.Beach, California
STATE OF CALIFORNIA )
County of Orange )ss:
City of Huntington Beach )
I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing
NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and
regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City
Council.
Dated at Huntington Beach, California, this 22"d day of October, 2001.
City Clerk and ex-ofFcio Clerk
of the City Council of the Ci
of Huntington Beach, California
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P.O. Box 190—2000 Main St.
Huntington Beach, CA 92648
R• ESL ���
CITY OF HUNTINGTON BEACH
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PW 01-132
Council/Agency Meeting Held:
Deferred/Continued to:
proved ❑ Con tionally Approved ❑ Denied y Cle k's ignature
Council Meeting Date: October 15, 2001 Department ID Number: PW 01-132
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION =
o �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS - r:
SUBMITTED BY: RAY SILVER, City Administrator�,W c `� ; =
_A
o r
PREPARED BY:�ROBERT F. BEARDSLEY, Director of Public Work D�' i=
DAVID BIGGS, Director of Economic Development o D
= SUBJECT: ACCEPT THE CDBG 2000/2001 SEWER LINING PROJECT,
CC-1141, AND FILE A NOTICE OF COMPLETION
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: The CDBG 2000/2001 Sewer Lining Project, CC-1141, Improvements
constructed by Sancon Engineering, Incorporated are complete and should be accepted by
the City.
Funding Source: Community Development Block Grant (CDBG) FY 2000/01 funds were
authorized for this project.
Recommended Action: Motion To:
1. Accept the 2000/01 Sewer Repairs Project, CC-1141, at a final cost of $216,804.80, and
authorize the City Clerk to file a Notice of Completion with the County Recorder's Office..
Alternative Action(s): None.
Analysis: On May 7, 2001, the City Council awarded a contract to Sancon Technologies,
Incorporated, in the amount of $151,700 to line portions of the sewer system within the
Gothard, Newland, Villa Yorba and Washington Enhancement Areas, CC-1141. The
adopted project budget also included $66,849 to cover potential change orders and $11,500
for supplemental expenses, for a total of$230,049.
01-1 32 oct 15 Verone(Sancon sewer lining) -2- 9128/01 11:03 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:PW 01-132
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.
The following is a summary of the final project costs:
Council Approved Actual Expenditures
1. Contract amount: $151,700 $151,700.00
2. Change orders: 68,849 $65,104.80
Project Construction Costs: $218,549 $216,804.80
3. Supplemental Expenses: 11,500 $2,600.00
Total: $230,049 $219,404.80
Attachment(s):
City Clerk's
. . - NumberDescription
RCA Author: VeroneJrn
01-132 oct 15 Verone(Sancon sewer lining) -3- 10/2/01 3:36 PM
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: ACCEPT THE CDBG 2000/2001 SEWER LINING
PROJECT CC-1141, AND FILE A NOTICE OF
COMPLETION
COUNCIL MEETING DATE: October 15, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
. EXPLANATION.F.OR MISSING ATTACHMENTS
REVIEWED z. FORWARDED
Administrative Staff
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( ) ';
Zr TE%'�9
.'EXPLANATION FOR RETURN OF ITEM.
Space
RCA Author: Verone
We,X
,VV
RECEIVED BY: • • CITY CLERK RECEIPT COPY-
Return DUPLICATE to
Jeffrey Hughes(ext.5260)
(Name) after signing/dating
(Date)
CITY OF HUNTING TON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
ATTN: Jim Slobojan, Deputy City Treasurer
FROM: jk
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for SAN(od KOMP&S
(Company Name)
Faithful Performance Bond No.
'251
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved 01; Agenda Item No.
(Council Approval Date)
Pity Clerk Vault No.
g:/jah/bondlefter.doc
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
' OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: May 25, 2001
TO: Sancon Technologies, Inc. ATTENTION: Nick DiBenedtto
Name
5881 Engineer Drive DEPARTMENT:
Street -
Huntington Beach, CA 92649 REGARDING: CDBG Sewer Lining
City,State,Zip
Proiect CC No. 1141
See Attached Action Agenda Item E-11 Date of Approval 5-7-01
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:.
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds x Insurance x
RCA Deed Other
CC: D. Verone DPW x x x bonds
Name Department RCA Agreement Insurance Other
T. Broussard DPW x x x bonds
Name Department RCA Agreement Insurance Other
S. Freidenrich City Treas. x bonds
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
C. Mendoza Risk Mgmt. x x
Name Department RCA Insurance
(Telephone:714-536-5227)
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND SANCON TECHNOLOGIES, INC. FOR
THE 2000/2001 CDBG SEWER LINING PROJECT (CC 1141)
THIS AGREEMENT is made and entered into on this 7th day of
May 2001, by and between the CITY OF HUNTINGTON BEACH,
a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and.,
SANCON TECHNOLOGIES, INC., a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as
"PROJECT," more fully described as the construction of the 2000/200V1 CDBG sewer lining
project (CC 1141) in the City of Huntington Beach, California; and
The PROJECT to which the construction work covered by this contract pertains is being
assisted by the United States of America and Federal Labor Standards Provisions are included
in this Contract pursuant to the provisions applicable to such Federal assistance.
Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24,
Code of the Federal Regulations, Part 135, (24 CFR 135.3) Economic Opportunities for Low-
and Very Low-Income Persons, Section 3 contract clauses, the work to be performed under this
contract is subject to the requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUD assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for housing;
and CONTRACTOR has been selected and is to perform said work;
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
01 agree/sancon/4/17/01 1
1. STATEMENT OF WORK; ACCEPTANCE OF RISK.
The parties to this contract agree to comply with HUD's regulations in 24 135.3.
As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part
135 regulations.
CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's representative of the
CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the persons taking
applications for each of the positions; and the anticipated date the work shall begin.
CONTRACTOR agrees to include the Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.
CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135
01 agree/sancon/4/17/01 2
require employment opportunities to be directed were not filled to circumvent the
CONTRACTOR's obligations under 24 CFR part 135.
CONTRACTOR agrees and understands that noncompliance with HUD's
regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default,
and debarment or suspension from future HUD assisted contracts, and
With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts
and subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. .Parties to this contract that are subject to the provisions of Section 3 and Section
7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of
compliance with Section 7(b).
CONTRACTOR shall furnish, at its own expense, all labor, plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of
the nature of the project, during its progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the
prosecution of work, and for all other risks of any description connected with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
01 agree/sancon/4/17/01 3
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 2000 edition of Standard Specifications for Public Works
Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, and all amendments thereto, written and promulgated by the Southern
California Chapter of the American public Works Association and the Southern California
District Associated General Contractors of the California Joint Cooperative Committee;
01agree/sancon/4/17/01 4
D. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
E. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the
plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as
if indicated and mentioned in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of public Works of CITY (hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense. .
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of said bid or proposal which is in conflict herewith.
3. COMPENSATION.
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the contract documents, a sum not to exceed One
Hundred Fifty One Thousand Seven Hundred Dollars ($151,700.00) as set forth in the
Contract Documents, to be paid as provided for by the terms and conditions of this Agreement.
4. COMMENCEMENT OF PROJECT.
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
within sixty (60) working days (including material delivery)from the execution of this Agreement
by CITY, excluding delays provided for herein.
01 agree/sancon/4/17/01 5
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 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
01agree/sancon/4/17/01 6
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 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.. Only bonds issued by California
admitted sureties will be accepted.
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
01 agree/sancon/4/17/01 7
the work, shall have the option to make appropriate repairs or replace the defective item or
items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or
replacement at CONTRACTOR's risk and expense.
10. MINIMUM WAGES.
All laborers and mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (24 CFR 3.5), the full amount of wages and bona fide fringe benefits (or cash
equivalents.thereof) due at time of payment computed at rates not less than those contained in
the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the
CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section (b)(2)(b) of the Davis-Bacon Act, codified
at 40 USC 276a et seq. on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs, which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the.appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll
01 agree/sancon/4/17/01 8
records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed
under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all
times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and
accessible place where it con be easily seen by the workers.
Any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract shall be classified in conformance with the
wage determination. HUD shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate,.including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
If the CONTRACTOR and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within
30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the
30-day period that additional time is necessary. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
01 agree/sancon/4/17/01 9
1
In the event the CONTRACTOR, the laborers or mechanics to be employed in
the classification or their representatives, and HUD or its designee do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee
within the 30-day period that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
If the CONTRACTOR does not make payments to a trustee or other third
person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
or program, Provided, That the Secretary of Labor has found, upon the written request of the
CONTRACTOR, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of.Labor may require the CONTRACTOR to set aside in a separate account assets
for the meeting of obligations under the plan or program (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
01 agree/sancon/4/17/01 10
11. PREVAILING WAGE LAW.
The CITY has ascertained from the U. S. Department of Housing and Urban
Development ("HUD") the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime work in the locality in which the work is to be performed for
each craft or type of work needed to execute this Agreement, and the same has been set forth
by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any
subcontractor under it shall pay not less than said prevailing wage rates to all workers
employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of
compensation to every employee.
12. WITHHOLDING.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
CONTRACTOR under this contract or-any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the
full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract,.
HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or
owner, take such action as may be necessary to-cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased, HUD or its designee may,
after written notice to the CONTRACTOR, disburse such amounts withheld for and on account
01 agree/sancon/4/17/01 11
of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The
Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
13. HEALTH AND SAFETY.
No laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous to his health standards
promulgated by the Secretary of Labor by regulation.
The CONTRACTOR shall comply with all regulations issued by the Secretary of
Labor pursuant to Title 29 Part 1926, et. seq. (formerly part 1518) and failure to comply may-
result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act
(40 USC §327, et seq.).
The CONTRACTOR shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR
shall take such action with respect to any subcontract as the Secretary of Housing and Urban
Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
14. APPRENTICES AND TRAINEES.
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
01 agree/sancon/4/17/01 12
journeymen on the job site in any craft classification shall not be greater than the ratio permitted
to the CONTRACTOR as to the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than that in which
its program is registered, the ratios and wage rates (expressed in,percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If
the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the
Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer
be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
01 agree/sancon/4/17/01 13
evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program-associated with the corresponding journeyman wage rate on the wage determination
which provides for less.than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws
approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
15. PAYROLLS AND BASIC RECORDS.
Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work preserved for a period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of
01 agree/sancon/4/17/01 14
the project). Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1(b)(2)(B) of the Davis-Bacon Act 40 USC 276a, et seq.), daily and
weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act (40 USC 276a, et seq.),
the CONTRACTOR shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of Management and Budget
under OMB Control Numbers 1215-0140 and 1215-0017.)
The CONTRACTOR shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The
payrolls submitted shall set out accurately.and completely-all of the information required to be
maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form
desired.. Optional Form WH-347 is available.for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock'Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the
01 agree/sancon/4/17/01 15
submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0149.)
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set forth
in 29 CFR Part 3;
That each laborer or mechanic has been paid not less than the applicable wage
rates:and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph A.3.(ii)(b) of this section.
The falsification of any of the above certifications may subject the
CONTRACTOR or subcontractor-to civil or criminal prosecution under 18 USC 1001 and 31
USC 3729 (formerly 31 USC 231).
The CONTRACTOR or subcontractor shall make the records required under
paragraph A.3(i) of this section•available for inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the CONTRACTOR
01 agree/sancon/4/17/01 16
or subcontractor fails to submit the required records or to make them available, HUD or its
designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR Part
5.12.
16. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES.
HUD or its designee shall upon its own action or.upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the CONTRACTOR or subcontractor
under any such contract or any other Federal contract with the same prime contract, or any
other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which!is held by the.same prime CONTRACTOR such sums as may be determined to be
necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
17. LIQUIDATED DAMAGES/DELAYS.
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of working/calendar
days as set forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Four
Hundred.Dollars ($400.00) 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
01 agree/sancon/4/17/01 17
represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the
foreseeable losses CITY would sustain in the event of an by reasons of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY
may deduct the amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in completion of the work due to unforeseeable causes
beyond the control and without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,
strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless the DPW shall grant.a further period of time prior to the date of final settlement of
the Agreement),notify the DPW in writing of the cause of the delay and CITY shall extend 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.
01 agree/sancon/4/17/01 18
No claim for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR.
18. SUBCONTRACTS.
The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in subparagraphs (1) through (4) of this.paragraph.
19. 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
compensation and other payroll deductions for CONTRACTOR and its officers, agents and
employees, and all business licenses, if any, in connection with the PROJECT.
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 DPW
01 agree/sancon/4/17/01 19
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.
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
01 agree/sancon/4/17/01 20
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 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 working upon the PROJECT
have been paid in full and that there are no claims outstanding against PROJECT for either
01 agree/sancon/4/17/01 21
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, caused in
whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, including but not limited to concurrent active or passive negligence except where
caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONTRACTOR will conduct all defense at its sole cost and expense.
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
01agree/sancon/4/17/01 22
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.
a
Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting
within the scope of.their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1,000,000. 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 above-mentioned insurance contain a'self-
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
01agree/sancon/4/17/01 23
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.
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
01 agree/sancon/4/17/01 24
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 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 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
01agree/sancon/4/17/01 25
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.
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 276a, et seq.) for each craft or type of worker needed to perform this Agreement.
01 agree/sancon/4/17/01 26
CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this contract. Such
disputes shall be resolved in accordance with the with the procedures of the Department of
Labor set forth-in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include
.disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee,
the U.S. Department of Labor, or the employees or their representatives.
40. CERTIFICATION OF ELIGIBILITY.
By entering into this contract, the CONTRACTOR certifies that neither it (nor he
or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or
firm ineligible to be awarded.Government contracts by virtue of Section 3(a) of the Davis-Bacon
Act or,29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal
Housing Administration transactions", provides in part "Whoever, for the purpose
of...influencing in any way the action of such Administration...makes, utters or publishes any
statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned
not more than two years, or both."
01 agree/sancon/4/17/01 27
41. 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.
42. EQUAL EMPLOYMENT OPPORTUNITY.
The CONTRACTOR will comply with all provisions of Executive Order 11246, as
amended, and 29 CFR Part 30.
The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements.
.CONTRACTOR is required to have an affirmative action plan which declares that
it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to
ensure equality of opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.)
prohibits job discrimination because of handicap and requires affirmative action to employ and
advance in employment qualified handicapped workers.
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974
(38 USC 527 (formerly 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
01 agree/sancon/4/17/01 28
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.
43. COPELAND "ANTI-KICKBACK" ACT.
CONTRACTOR and its subcontractors shall comply with the requirements of 29
CFR Part 3, 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.
44. 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.
As used in this section, the terms "laborers" and "mechanics" include watchmen and
guards.
01 agree/sancon/4/17/01 29
45. 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
Clean Air Act (42 USC 7401, et seq.) of the Federal Water Pollution Control Act (26 USC 1251,
et seq.) 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 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.
46. 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.).
01 agree/sancon/4/17/01 30
47. 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.
48. SUBCONTRACTS.
The CONTRACTOR or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR Part 5.5.
49. CONTRACT TERMINATION: DEBARMENT.
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination
of.the,contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
50. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES.
No laborer or mechanic to whom the wage, salary, or other labor standards
provisions of the Contract are applicable shall be discharged or in any other manner
discriminated against by the CONTRACTOR or any subcontractor because such employee has
filed any complaint or instituted or caused to be instituted any proceeding or has testified or is
about to testify in any proceeding under or relating to the labor standards applicable under this
Contract to his employer.
01 agree/sancon/4/17/01 31
51. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
REQUIREMENTS.
No CONTRACTOR or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of eight hours in any calendar.day or in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate no less than one and one-half
times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or
in excess of forty hours in such workweek, whichever is greater:
52. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES.
In the event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the CONTRACTOR and any.subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the
United States (in the case of work done under contract for the Distract of Columbia or a
territory, to such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in
the sum of$10 for each calendar day on which such individual was required or permitted to
work in excess of eight hours or in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph:
53. 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
01 agree/sancon/4/17/01 32
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.
54. ATTORNEY FEES.
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney
fees.
55. ENTIRETY.
The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by-and through their authorized offices the day, month and year first above written.
SAN;ick
TECHNOLOGIES, I C. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By: `Q
D Bene o, President
By: Mayor
Bob Holligsworth, Secretary
ATTEST: --
REVIEWED AND APPROVED: �000 1.
City Clerk oS- 25+-dt
CitylKdministrator APPROVED AS TO FORM:
ity ttorney
S�
IN ED ANZOVED:
Dir ctor of Pus
01 agree/sancon/4/17/01 33
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND SANCON TECHNOLOGIES, INC. FOR
THE 2000/2001 CDBG SEWER LINING PROJECT(CC 1141)
TABLE OF CONTENTS
Page No.
1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4
3. COMPENSATION 5
4. COMMENCEMENT OF PROJECT 6
5. TIME OF THE ESSENCE 6
6. CHANGES 7
7. NOTICE TO PROCEED 7
8. BONDS 8
9. WARRANTIES 8
10. MINIMUM WAGE 8
11. PREVAILING WAGE LAW 11
12. WITHHOLDING 12
13. HEALTH AND SAFETY 12
14. APPRENTICES AND TRAINEES 13
15. PAYROLLS & BASIC RECORD 15
16. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATIONS 18
17. LIQUIDATED DAMAGES/DELAYS 18
18. SUBCONTRACTS 20
19. INDEPENDENT CONTRACTOR 20
20. DIFFERING SITE CONDITIONS 20
21. VARIATIONS IN ESTIMATED QUANTITIES 21
22. PROGRESS PAYMENTS 21
23. WITHHELD CONTRACT FUNDS 22
24. AFFIDAVITS OF SATISFACTION OF CLAIMS 22
25. WAIVER OF CLAIMS 23
26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23
27. WORKERS COMPENSATION INSURANCE 23
28. INSURANCE 24
29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25
30. DEFAULT & TERMINATION 26
31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26
32. NON-ASSIGNABILITY 26
33. CITY EMPLOYEES AND OFFICIALS 27
34. STOP NOTICES 27
35. NOTICES 27
36. CAPTIONS 27
37. FEDERAL PARTICIPATION 28
38. DAVIS-BACON ACT 28
39. DISPUTES CONCERNING LABOR STANDARDS 28
40. CERTIFICATION OF ELIGIBILITY 28
41. DISCRIMINATION, MINORITIES, ALIENS 29
42. EQUAL EMPLOYMENT OPPORTUNITY 29
43. COPELAND ACT 30
44. CONTRACT WORK HOURS 30
45. CLEAN AIR ACT 31
46. ENERGY CONSERVATION 32
47. HOUSING AND URBAN DEVELOPMENT 32
48. SUBCONTRACTS 32
49. CONTRACT TERMINATION; DEBARMENT 33
50. COMPLAINTS PROCEEDINGS OR TESTIMONY 33
51. CONTRACT WORK HOURS AND SAFETY STANDARDS 33
52. VIOLATION; LIABILITY FOR UNPAID WAGES 33
53. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34
54. ATTORNEY FEES 34
55. ENTIRETY 35
SAMPLE
SECTION A
NOTICE INVITING SEALED BIDS
for the
2000/2001-CDBG SEWER LINING PROJECT
CASH CONTRACT No. 1141
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated project and will receive such bids in the office
of.the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to
the hour of 2:00 PM on Tuesday, April 3, 2001, Bids will be publicly- open in the Council _
Chambers unless otherwise posted.
Copies of the Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable-fee if picked up, or payment of a$35.00 nonrefundable fee if mailed.
This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor.
Standards, which are on file at'the office of the Director .of Public Works, 2000 Main Street,
Huntington Beach, CA 92648
The AGENCY will deduct a 10%,retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall'be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and-will not be discriminated against on:
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
A-1
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall.be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's_License Class A at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY".
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 61h day of November. 2000.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
SECTION C
PROPOSAL
for the
2000/2001 CDBG SEWER LINING PROJECT
Within an area bounded by
EDINGER AVENUE TO THE NORTH, NEWLAND STREET TO THE EAST,
TALBERT AVENUE TO THE SOUTH AND GOLDEN WEST STREET TO THE WEST
WITHIN THE GOTHARD, NEWLAND, VILLA YORBA, AND WASHINGTON
ENHANCEMENT AREAS
CASH CONTRACT No. 1141
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 60 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
C-1
PROJECT BID SCHEDULE
:Item:.:< strmate fem w:it unrt<price xten e
No Quantity written in words UnrtPrice Amount
i 1 Mobilization of equipment&materials
lump sum @ 1/M9ZFL '/XWSAvP Dollars . $_3.000 $_3.000
NO
�00 Cents
Per /lump sum
2 1 Traffic Control per Specs.
lump sum @ TWn 1We4/5.4WD Dollars $__2.000_ $ _1000
'Noll ents
Per lump sum
3 1 Demobilization of equipment&materials
lump sum @ IWI-4 '7YVwjAy1j? Dollars $ 30— $ 3.000
j J/moo Cents
Per lump sum
4 10 Grind protruding lateral per City requirements
ea. @ Dollars $ fLD $ 4 00 r
��oo Cents
Per ea.
5 5060 Line 8"host pipe per Specs.
00 IV
l.f. @ ntl �/� 'T'W0 Dollars $ 22 $ /// 20
boo Cents
Per Lf
6 106 Re-open service lateral per Specs.
OAO
ea. @ TNATY Dollars. $ 30 $ 3 +
nts
Per ea.
7 240 Rehabilitate Manhole per City Specs.
00
v.f. @ AMC N%&VPAF D TLtJE�/?}� Dollars $ /.Zd $ .ZB� SOD
Cents
Per v.f.
Total Amount Bid in Figures: $ /5/ 70o ='
Total Amount Bid in Words: 9 /,r ,c;,w ypW l�i .a�/E T1f�A9VD mitts'
l�fsl I/�1►D�Z¢,� AV/ __..__..._._._
C-1 s
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.
If awarded the Contract. the undersigned agrees that in the event-of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the
proceeds of the security accompanying this bid shall become the property of the AGENCY and
this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void.
Accompanying this proposal of bid, find 01P SOAR in the amount of AAy which
said amount is not less than 10%.of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, parable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here,if any:
.-addenda No. Date Received Bidder's Signature
C-2
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of eachsubcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done b,,, such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work.' Number.
f�D
I
i
I
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work, which is not covered in the
above subcontractors listing.
2. That the :AGENCY will be .furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
�B �`iN 6Swne.Tjf , being first duly sworn, deposes and says that he or she is
of '5"'m'/ 7'WUny4'(_0&(6S 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. _
- _ Sgrco.� TfCN�loLo4�ES� svc.
Name of Bidder
Signature of Bidder
. S8�/ E.dG/NEED Z�
16,1
Address of Bidder
Subscribed and sworn to before me this 30 ' day of MUX ck , 200 I_ .
PEGGY t SCANLON
Commission 41 M7652
' kiksy,Public-Corftrk
Orange County . . _.
MyComm:F�hesJuI22003
NO PUBL;I
aq%
NOTARY SEAL
b C-A
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract. known as the 2000/2001 CDBG SEWER LINING PROJECT; CC-1141, (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 S. California Administrative Code, Section 2700, as follows:
"Qualified Person: .4 person who, by reason of experience or instruction, i.s 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.
�A-rhN
Contractor
By
SAGA 7404'
Title
Date: ,3 3vZo/
C-s
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5;the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has.the Bidder, any officer of the Bidder or any employee-of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and.I will comply with such
provisions before commencing the performance of the work of this contract.
�S/P�Jca�✓ GMVol�G/Es, Wwc
Contractor
By
Title
Date: / o/
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216 4217 of the Government Code requires a Dig Alert Identification Number.be issued
before a Permit to Excavate will be valid. V
'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.
Di;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 Wbrk. _4dditional.forms may be obtained from the AGENCY
upon request.
C-S
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
.SA7VCo�✓ ?EG',�lD�o G��� LNG
Bidder Name
Sg8 i f�✓c�.✓�e. 7�,2.
Business Address -
924 3F
City, State Zip
Telephone Number
'77 y�oSS `A
State Contractor's License No. and Class
/2 - 99
Original Date Issued
Expiration Date
The work site was inspected by W10 NSWP41 of our office on ��2 , 200 /.
The following are persons, firms, and corporations having a principal interest in this proposal:
All �,� .✓EDEi'ice ��Ed')
P�s�y sca�c.e,✓ �n�
C-9
I
I
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise. to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Company Name
Signature of Bidder
Printed or Typed Signature
Subscribed and sworn to before me this 36 of NLO-GM , 200
PEGGY E.SCANLON
Commission#1227152 Z
Notary Public-California
Z Orange County
My Comm.Expires Jul 2.2003
NOTARY PUBLIC
NOTARY SEAL
Listed belo«-'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 C171Y Ac Awr,.- 6,v.v &AC4q . 2ow nMR„J sr. Hr7/ 3C14� .'CA . 124V-8
Name and Address of Public Agency
Name-and Telephone No. of Project Manager: ERA GHA.Byo.Vi✓� (7if).a'36 -Sy430
�90o OOo � P/PE L,�►��1 J o�
Contract Amount Type of Work Date Completed
2. G o 7y of $ug4A PaAK 0S0' OW10 8yk,4h A94 CA . ftG 2 L
Name and Address of Public Agency
Name and Telephone No. of Project Manager: 542. 3707
87.040 PIPE 1.141,44
Contract Amount Type of Work Date Completed
3. C)rY og Shw Mq id o Z zvo 66.N77 r G -YA. . s*/ A04,AV. CA, 911o8
Name and Address of Public Agency
Name and Telephone No. of Project Manager: . a'aR�°s ✓eAPO 426) 960 -'/489
as
Z.7ef
Contract Amount Type of Work Date Completed
C-10
ALL ITEMS BELOW MUST BE COMPLETED
The requested information must be returned with the bid.
Bidder's name: �,HVGo^1 TVoLo�iEs �.
Bidder's address: 51%1 AV cmlo d Dx vz- , /yAI V SeW C 92GY 9
Phone number: (���f,) 96 Z -olis Fax number:
Pipeline rehabilitation process (trade name) bid: :. AM-LiAIAA ''-� , 2� B
(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. SDR thickness supplied (minimum thickness SDR 35)
3. 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.
Laboratory number 1:
Name: 56 S TZST n/4 LA6
Address: LvJ #WfX"-F ei4. po (0o
Telephone number: _ (323) 838
c
Contact person: 6&G AIA, V V14
Laboratory number 2:
Name: / -y 4,444
Address: his '46M6/" A&,"rCes.1.4 AAWY Sai rX 1.01r
Telephone number: ckaf,) 76 ,. - s o/9
Contact person: S-,Zy&V a404-04&V
Laboratory number 3:
-� 'Name: 1(4*W5LA� L44S-VeA XWXr
Address: ,B,oNt-A" ea. 80:701
"Telephone number: (30;) SS/ - 007 9
Contact person: 1AAW
C-11
BIDDER'S CERTIFICATION*
HOUSI\7G AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3
TITLE 24, Code of Federal Regulations, Part 135*
Economic Opportunities for Low and Very Low-Income Persons
The bidder, under penalty of perjury, certifies that except as noted below, any person associated
therewith in the ca_oacity 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
V 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: SifnlcoI4 7'fC#i1aj v6i4S. qWc:
Contact Person: A(1.<^1G5�p -
Contact Phone: 9v z - o//XF
Signed:
.Date:
*Note: The above certification is required by the Department.of Housing and Urban Development
(24 CFR 135 and Subtitle A et al) and must be submitted-by bidders and proposed sub-contractors
only in connection-,ith 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.
PC DOGS W�o01_QS1:01
american
pipe &
plastics P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340
nc. Web Site www.ampipe.com Fax 607 775-2707
February 7, 2000
Mr.Nick DiBenedetto, President
Sancon Technologies, Inc.
5881 Engineer Drive
Huntington Beach, CA 92649
Dear Mr. DiBenedetto:
This is to certify that Sancon Technologies, Inc. is a licensed and experienced installer for
the AM-LINER H PVC pipe rehabilitation system in the Southern California area.
Should there be any questions regarding the above, please feel free to have any of your
clients contact us.
Sincerely,
A n RICAN PIPE & PLASTICS, INC.
obbi Zurn
President
sent by fax
original mailed
. Data Sheet
L IG
F ER-
PATENTED
the trenchless, man hole-to-man hole
sewer pipeline rehabilitation system
M AM-Liner U is manufactured from a polyvinyl chloride compound
special ly.formulated for pipeline rehabilitation.
0 AM-Liner U is resistant to all normal sewer effluents due to the
superior chemical and flame resistant properties of polyvinyl
chloride.
AM-Liner It is manufactured to SDR 32.5 nd SDR 26 to line
sewer pipe from 6-inch to 12-inch diameter.
O AM-Liner II conforms to ASTM Standards F-1867 and F-1871.
Physical Properties
Coefficient-of Linear Thermal Expansion*......ASTM-D696 4.17 x 10,5 in./in./°F
After installation AM-Linerll forms Tensile Strength.............................................................ASTM-D638 3600 PSI Min.
a tight molded fit against the walls Tensile Modulus............................................................ASTM-D638 155,000 PSI Min.
of the existing pipeline. Tensile Elongation........................................................ASTM-D638 150% Mina
Flexural Strength...........................................................ASTM-D790 4100 PSI Min.
Flexural Modulus...........................................................ASTM-D790 145,000 PSI Min.
Specific Gravity..............................................................ASTM-D792 1.28
IZOD impact.....................................................................ASTM-D256 1.2 ft. lbs./in Min.
Brittleness Point.............................................................ASTM-D746 32.9 °F
'Tested using a compression molded sample.
l
AM-Liner It is manufactured by American Pipe & Plastics,Inc.
P.O.Box 577, Binghamton,NY 13902 �,eMeeR
PH:607-775-4340 FX:607-775-2707
Web Site:wwwMennet/ampipe
E-Mail:amliner@servtech.com 3V
american
Pile &
Pastics P.O. Box 577, Binghamton, New York 13902 Phone 607 775-4340
Inc. Web Site www.ampipe.com Fax 607 775-2707
April 2, 2001
Mr, Nick Di.Benedetto
Sancon Technologies, Inc_
5881 Engineer Drive
Huntington Beach, CA 92649
Dear Mr. DM*aedetto,
This is to confirm than American Pipe&Plastics, Inc. has the ability and all the
necessary resources to supply the required lengths of AM-LINER II PVC liner pipe
within the construction time frame of the project known as"200Q b111 CDBG St�vM
ining Project" in the City of Huntington Beach, California.
Should there be any questions regarding the above, please feel free to call the
undersigned.
Sincerely,
t
E 8t PLASTICS, INC.,
Z0 39Vd Nanz IddV 0Z995LLL09 Z5:60 Z00Z/Z0/b0
AM-LINER11 PIPE THICKNESS CALCULATIONS
CITY OF HUNTINGTON BEACH
2000/2001 CDBG SEWER PROJECT, CC 1141
Thickness Calculations for 8 Inch AM-Liner"
. I
AM-Liner" Dimensions
Liner Diameter (in.) 8 in
Liner Thickness (in.) 0.246. in
Liner SDR 32.5
AM-Liner" Physical Pro ep rties j
Initial Tensile Stress (psi) j 3600psi
Initial Flexural Strength (psi) 4100 psi
Initial Flexural Modulus of.Elasticity (psi) 145,000 psi
Long-Term Modulus of Elasticity (psi) 108,000 psi
Existing Host Pipe Characteristics
Existing pipe fully deteriorated
i
Ovality (%) 2 %
Soil Characteristics
Type of Soil j clay]
w = Soil density (pcf) 120 pcf
Es = Soil modulus (psi) 1000 psi
Safety Factor'(N) 2.0
H = Max soil height'over pipe (ft) j 11 ft
Hw. = Assumed height of water above i e ft j 4 ft
C o'
SANCON TECHNOLOGIES, INC. I- i E TT , P.E.
AM-LINERII PIPE THICKNESS CALCULATIONS
CITY OF HUNTINGTON BEACH
2000/2001' CDBG SEWER PROJECT, CC 1141
1. Determine the loading on the pipe using the modified
Marston Formula and the Boussinesa Formula
Base Equation:
Total Load (Wtot) = We + WI
i
Dead Load (WC) .= Cd * w * Bc.* Bd (Marston Formula)
Cd = loading coeficient
Cd = 1 - e^(-2 * ku' * H/Bd)
2.* ku' e =1 2.718
H = Height of soil above pipe H = 11 ;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) I Bd = 2.67 I ft
Cd =' 2.53
Dead Load (Wc) We = 539.74 bs f .
Live load (WI) = CI * P * (1 +1f)
Cl.=. Live load coeficient (/ft) CI =1 0.001
P = wheel load (lb) i P = 20000 11b
If= impact factor ! If =, j 0.00
Impact factor = .766 - .133 * H WI = 20 11bs/ ft.
( 0 <=If<=.5)
i
Therefore: Total Load (Wtot = We + WI) 1 Wtot _' 559.74 . bs t
c=.
o 267 ?I
V
SANCON TECHNOLOGIES, INC. NI K D'I Jr ,,a� TTO, P.E.
AM-LINER" PIPE THICKNESS CALCULATIONS
CITY OF HUNTINGTON BEACH
2000/2001 CDBG SEWER PROJECT, CC 1141
2. Determine External Pressure on Pipe
Base equation:
a (psi) = Yw* Hw + Rw * Wc /D + WI/D
Where: We = vertical soil load = Ys * H * D / 144 j
Modified equatio6' j
a (psi) = Yw * Hw * 12in./ft. + Rw * Ys * H /144 + WI / D * 12in./ft.
where:
Yw =.S ecific weight of water (lb/in ^3 Yw = .0361 lb/in A3
Hw = Height of water above pipe ft. Hw =i 4.00 A
Rw = Water Buoyancy Factor = 1-.33 Hw/H Rw = 0.88
Ys = Soil Density Ib/ft^3 Ys = 120 cf
H = Height of soil above pipe ft H = 11 ft
WI = Live load Ib/ft WI = 20 Ib/ft
D = Pipe Diameter in. D = 8 �in
Therefore: External Pressure on the'pipe (qa) qa =i A UA fps'.
z 26173
SANCON ENGINEERING II, INC. NICK DiBENEDETTO, P.E.
AM-LINERI1 PIPE THICKNESS CALCULATIONS
CITY OF HUNTINGTON BEACH
2000/2001 CDBG SEWER PROJECT, CC 1141
3. Thickness Required for Buckling Pressure
Base Equation
a + C/N * 32*Rw*B'*Es*EI/D113 ^.5
i
Modifythe Base t' i
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 = 8 :in
N = Safety Factor N = 2
a = external presure on pipe (psi) a = 10.01 psi
Ovality of Pie (%) 2 %
C = Ovality Factor = 1 - % ovalit /100 / 1 + % ovalit /100 ^3 C = 0.84
El = Long term modulus of elastict (psi) El = 1.08,000 psi
Rw = Water Buo ance factor Rw = 0.96
B' = coefficient of elastic support = 1/ 1 + 4* e^ -0.065 * H B' = 0.34
Es = Modulus of soil reaction (psi) Es = 1,000 psi
H = Height of Soil above pipe ft H = 11 ft
Minimum thickness required for 8" AM-LINER" is t = 0.146 in.
Specified Allowable Minimum Thickness for 8" Liner is (tm,j= 0.225 in.
Use Standard SDR 32.5 AM-LINER" with thickness of t = 0.246 in.
i'�crcc\�
c LCj'J
SANCON TECHNOLOGIES, INC. ICK'DiBENED T , P.E.
- s a a n DATE(MM/DD/YY)
CERTIFICATE OF LIABILITY INSURAINCE�- ri
02/22/O1
'RODUCER EAST THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Eastman&Company Ins Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2550 N Hollywood Way Suite 201, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Burbank,CA 91505-1055 COMPANIES AFFORDING COVERAGE
818 842-2400 COMPANY
A Valley Forge Ins Co
VSURED 002047
�n COMPANY
Sancon Technologies;Inc. C ��C1 VAS B Transportation Insurance
00..UD -.. _ ..
5881 Engineer Drive ND- SA. V COMPANY -
Huntington Beach, CA 92649- C State Compensation Ins Fund
COMPANY
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY 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.
0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
_TR DATE(MM/DDIYY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1,000.000
CLAIMS MADE L� OCCUR (00)C01029147116 10/01/00 10/01/01 PERSONAL 8 ADV INJURY $. 1,000,000
OWNER'S S CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 50,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT $ 1,000,000
❑ ALL OWNED AUTOS -- -
BODILY INJURY $
3 ❑ SCHEDULED AUTOS (00)BUA1029144748 10/01/00 10/01/O1 (Per person)
✓ HIRED-AUTOS':
BODILY INJURY
n YJ $
a NON-OWNED AUTOS �` (Par accident)
�.J- r� �•.1 PROPERTY DAMAGE $
GARAGE LIABILITY cI AUTO ONLY-EA ACCIDENT $
ANY AUTO �. \- Ci �� g�i�OZn OTHER THAN AUTO ONLY:
❑ Dapu EACH ACCIDENT $
❑ AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000
t37P UMBRELLA FORM (00)CUP1036526482 10/01/00 10/01/01 AGGREGATE $ 4,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND ✓ TOPY LAMITS I L OER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $ 1000000
C THE PROPRIETOR/ ✓ INCL 160204100 10/01/00 10/01/01 EL DISEASE-POLICY LIMIT $ 1000000
PARTNERS/EXECUTIVE
OFFICERS ARE: `� EXCL EL DISEASE-EA EMPLOYEE $ 1000000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
Re:C.C.No.1130-'99/'00 CDBGSewer Project City of Huntington Beach,its employees,directors,officers&agents are named Additional Insureds.
Stated coverage in not subject to any deductible,self-insured retention,or any other type limitation
CERTIFICATE HOLDER = r CANCELLATION =JQ Day Notice For Non-Payment of Premium
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL IXY—XXYYNMAIL
2000 Main Street-P.O.BOX 190 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Huntington Beach ,CA 92648- � �
YXX _)CC1L
A THORIZEDREPRESENTATIVE
1 -
ACORD 25-5(1195)'"_.
iy
%,;0ORD CORPORATION-1988 '
L
�L Cam(i�UMBER: (00)Co1029147116 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS [Form B] c�C[�k VAT fNF
Nk. sA boa-60
its endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
ame of Person or Organization:
City of Huntington Beach
2000 Main Street-P.O.Box 190
Huntington Beach, CA 92648-
f no entry appears above, information required to complete this endorsement will be shown in the Declarations
s applicable to this endorsement.)
VHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
ie Schedule, but only with respect to liability arising out of"your work"for that insured by or for you.
"\:e:C.C.No.1130-'99/'00 CDBGSewer Project City of Huntington Beach,its employees,directors,officers&agents are named
\dditional Insureds. Stated coverage in not subject to any deductible,self-insured retention,or any other type limitation
CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984
cZa.tt
t }
F+
MAY-24_2001 THU 09:07 AM ICW GROUP FAX NO. 1 714 832 6200 P, 02
ALAN SLATER, 8`CF=IYE OFFICER AND
CLERK OF THE SUPERIOR COURT
&� '
U N TY CD F NTYORANGE COU SUPERIOR COURT
PROBATE COURT OPERATIONS
341 THE CITY DRIVE
P. 0. BOX 14171
s 2 R A N G E ORANGE, CA 92613-1571
GL.EAK OF THE SUP£RICR GOUAT
CERTIFICATE CIF PACT
DATE
JUNE 2.1, 2000
I ALM SLA'1'ELZ, EXECUTIVE OFFICER AND C =K' OF WE S MICR 00MU IN AND FOR
THE CC'A Ty OF ammm, STATE OF c ALIPOmm, DO BEi= C=Y THAT I AM THE
OFFICIAL CDSTCDIAN OF THE REC = OF THE SUPERIOR CCLVT, ('OON7.'Y OF ORANGE,
STATE OF CAL7ltXMIA.
I DO PURTAER C WTIFY THAT A C)CMMETE LIST OF ALL n4Si][2F.RS AMWTTED TO TRAMSALT
SCRETY n=RAHCE IN THIS STATE, AS CQM FIED TO THIS DEPARMW BY THE =MtM=
CX V41SSICNER, IS ON FILE IN THIS OFFICE. INSORANCE C CMPANY OF TEE DIET
IS ON TEE LIST AS C NE OF THE INSMURS ADMITTED TO TRANSACT SURETY MSURANCE IN
THE STATE OF CALIF aM.
7N W112NSS WElEREF, I SAYE SET ADC AAND AND AFFIXED THE SEAL OF THE
SOFERICN coma OF TSE STATE OF CALnksmA IN AND FOR TEE axNIY OF CEm=-
ALAN SLATER, EXECUTIVE OFFICER
AND CLERK OF TEE SOP ERIOR C OORT
OF TEE STATE OF CALIEMM
IN AND FOR THE COMRY OF ORANGE
� r
41INDA C. umLLACE
LCM. GROUP
MINSURANCE 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: 183 96 29
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Sancon Technologies,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 One Hundred Fifty-One Thousand, Seven Hundred Dollars($ 151,700.00),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 the 2000/2001
CDBG Sewer Lining Project C.C.No. 1141
in accordance with drawings and specifications prepared by 1997 edition of Standard Specifications for Public Works(or the
Architect employed by the City)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 16th day of May AD. 2001.
Sancon Technologies,Inc.
(S )
(WITNESS) By:
(Title)
INSURANCE COM�71
WEST
(WITNESS) By: za
Michael . La g
APPRO`TED AS TO FO?Y Attorney-In-Fact
GAIL I-1UTT011, City Attorney
By: Deputy City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Los Angeles ss.
On May 16, 2001 , before me, Kathernine L. Banks, Notary Public
Date Name and Title of Officer(e.g.,•Jane Doe,Notary Public')
personally appeared Michael R. Langan
Names)of Signer(s)
n personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(g) whose name(o is/ac
subscribed to the within instrument and
acknowledged to me that he/sWWWaxecuted
the same in his/ etx authorized
capacity(Nn), and that by his8xxMatk
. KATHERINE 1, BANKS signature(s) on the instrument the person(si, or
�n A Comm./11]1810 the entity upon behalf of which the person(*4)
V! ' � NOTARY PUBLIC•CALIFORNIA VI
acted, executed the instrument.
` Los Argeles Courty `-
• " My Comm.Expires�tr.31,1002
WI NES my hand and official seal
Place Notary Seal Above Signature of ota Pu lic
OPTIO AL
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: Performance Bond
t
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capaclty(les) Claimed by Signer
Michael R. Langan
Signer's Name:
❑ Individual
Top of thumb here ,
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Insurance Company of the West
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827
No. 0000982
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL h4EN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
NHCHAEL R.LANGAN
their true and lawful Anomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
'"re. ♦%Its&q4 '� INSURANCE COMPANY OF THE WEST
oe♦ap°P0��♦0� ♦ EXPLORER INSURANCE COMPANY
t.1� 'gEA _ c INDEPENDENCE CASUALTY AND SURETY COMPANY
tr
�ItroO► °yi t.� a ,¢+
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
County of San Diego } ss.
On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
NORMA PORTER
COMM.#1257540
NOTARY PUBLIC-CALIFORNIAA
My "DISC, NTY
C Eicptres G
MARCH 19.M04
Norma Porter,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 16th day of May, 2001
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and details of the bond to which the power is attached
7.C.W.GROUP Bond No. 183 96 29
11455 EL CAMINO REAL,SAN DIEGO,CA 92130-2045
P.O.BOX fi MO,SAN DIEGO,CA 921 g&SW
(619)35&2400 FAX (619)3W2707
LABOR*MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAmirm PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
That Sancon Technologies, 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 One Hundred Fifty-One Thousand, Seven Hundred
Dollars Dollars ($ 151,700.00), 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 2000/2001 CDBG Sewer
Lining Project (CC. No. 1141) in accordance with drawings and specifications prepared by 1997 edition of Standard
Specifications for Public Works(or the Architect employed by the City)which contract is by reference made a part hereof, and is
hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF TICS 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 ofthe Principal for labor,material or both,used or reasonably required
for use in the performance of the Contrad,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 an 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 claimam,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 sochracy in the amount claimed and the name ofthe party to whom the materials were furnished,or for whom the work or labor
was done or performed Such notice shall be saved 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 deerned 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 oompetent jurisdiction in and for the county or other political subdivision ofthe state in which the Project,or any part thereot;is situstod,
or in the United States District Court for the district in which the Project,or any part thereof;is situated,and not elsewhere. t
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
S. In case suit is brought upon the payment bond,the surly will pay a reasoorble attorney's fee to be fixed by the court.
Signed and sealed this 16th day of May,2001.
Sancon Tec ologies, Inc,,
i
(Princir.0 0 (Seal)
SETRi�f (Witness)
(Title)
(Witness)
INSURANCE COMPANY CL
By: dPPROYFD AS "0 FORk►:V
Michael R. lXngan
GAI.L. I!T-!T ,-: . ty Attorne=
Attorney-In-Fact By: Dinj- -.: �:.t.y Attorney,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
Los Angeles SS.
County of ;
On MaY 16, 2001 , before me, __ Kathernine L. Banks, Notary Public
Date Name and Title of officer(e.g.,'Jane Doe Notary Public? '
personally appeared Michael R. Langan
Names)of Signer(s)
n personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(g) whose name(sq is/mw
subscribed to the within instrument and
acknowledged to me that he/shm*Wexecuted
the same in his/fc authorized
capacity(ies), and that by hiss
,o' "� KATHERINE i. BANKS signature(x) on the instrument the person(si, or
Comm,a I i 1181n the entity upon behalf of which the person(if)
NOTARY PUBLIC-CALIFORNtA acted, executed the instrument.
MY C los Angeles County --
omm. Expires Jan.31,1002 "�
WITNES m hand and off'cial I.
I
Place Notary Seal Above SignaturiM Notary Public i
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.
.I
Description of Attached Document
Title or Type of Document: Labor and Material Payment Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above: ;
' I
Capacity(ies) Claimed by Signer Michael R. Langan
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Trtie(s):
❑ Partner—❑ Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: Insurance C.onpany of the Test i
0 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Cell Toll-Free 1-800-876.6827
{
i
No. 0000982
ICW GROUP
Power of Attorney
1 Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
i KNOW ALL M[EN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
MICHAEL R.LANGAN
i
their true and lawful Attomey(s)-in-Fad with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
srq► tNsltlq 'N� INSURANCE COMPANY OF THE WEST
�► o♦♦�aw�'e/nA ♦ EXPLORER INSURANCE COMPANY
d SEAL, a
INDEPENDENCE CASUALTY AND SURETY COMPANY
�M1rL r °'torn
clraop► q'y1 ►'� �. 1�
i
I
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
f} State of California }
County of San Diego J Ss.
On Jan 16,2001,before me,Norma Porter,No Public,personally a John L.Hannum and John H.Craig,i �Y �1' 1� Y PPce� g,Personally known W me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that b}
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
NORMA PORTER
CONIK#1257540
NOTARY t'UBLIC1001I TY N
¢AN OImiss n Expire
y Cammisston. xpires
MARCH 19.2004
Norma Porter,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted 1
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the Wes;Explorer Insurance Company,and Independence Casualty and Surety Company.
hereby certify that the foregoing Power of Attorney is in full form and effect,and has not been revoked,and that the above resolutions were duly adopted by
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 16th day of May, 2001
John H. Craig,Assistant Secretary
I
To verify the authenticity of this Power of Attorney you may call 1-800-877-1 111 and ask for the Surety Division. Please refer to the Power of Attomey Nw
the above named individual(s)and details of the bond to which the power is attached
LC.W. GROUP
NINSURANCE 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.183 96 29
KNOW ALL MEN BY THESE PRESENTS:
That, Sancon Technologies, 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 One
Hundred Fifty-One Thousand, Seven Hundred Dollars($151,700.00), lawful money of the United States of
America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally,firmly by these presents:
SEALED with our seals and dated this 16th day of May, 2001,
WHEREAS, on the ,the said Sancon Technologies, Inc., as contractor, entered into a contract for
the 2000/2001 CDBG Sewer Lining Project (CC No. 1141) for the sum of One Hundred Fifty-One
Thousand, Seven Hundred Dollars ($151,700.00); and,
WHEREAS, under the terms of the specifications for said.work, the said Sancon Technologies, Inc. is
required to give a bond for One Hundred Fifty-One Thousand, Seven Hundred Dollars ($151,700.00), 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 Technologies, 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 Technologies, Inc.
BY:
Insurance Company of the West
i
BY:
Michael R. LaVgan
ATTORNEY-IN-FAC
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
Los Angeles ss.
be
fore efore me, ary
May 16, 2001 Kathernine L. Banks, Not Public
,
Date Name and Title of Officer(e.g..'Jane Doe,Notary Public')
personally appeared Michael R. Langan
Names)of Signer(s)
n personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( whose name(a) is/wc
subscribed to the within instrument and
acknowledged to me that he/s Wexecuted
'I IkA the same in his/JuudtKWx authorized
—� KAtHERINE capacity(ies), and that by his/heabwk
BANKS signature(z) on the instrument the person(s), or
NOTARY
O ARYLPUBLIC' i 1718 i4. the entity upon behalf of which the person(g)
-CALIFORNIA (� acted, executed the instrument.
Los Angeles County r
My Comm, Expires Jell.3) 1002 "f
W T S my hand and offici I se
Place Notary Seal Above Signature of ota Pu is
OPT/rNAL
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: Maintenance Bond
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer Michael R. Langan
Signer's Name: g
❑ Individual . l
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
I
Signer Is Representing: Insurance Corg3any of the West
0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876.6827
i
No. 0000992
ICW GROUP
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL N(EN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint
MICHAEL R.LANGAN
t
} their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
f °or►A■r�,'i► a,tNeu,� A1� INSURANCE COMPANY OF THE WEST
ope■talt� oQ� °r0�i�o+ ♦ EXPLORER INSURANCE COMPANY
s� SEAL,. es INDEPENDENCE CASUALTY AND SURETY COMPANY
�elt,rR' '+'a�iy■a A ■
Qtt�■�a► AA A D
tf
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of California
County of San Diego } ss.
On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be
4 the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
i
Witness my hand and official seal.
i NORMA PORTER
COMM:#1257540 qq
NOTARY PUBLIC-CALIFORNIA N
v gANN DIEGO Co
My Commission Fxpiras
MARCH 19.2004
i
Norma Porter,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
1,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have satiny hand this 16th day of May, 2001
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,
the above named individual(s)and details of the bond to which the power is attached.
CITY OF HUNTINGTON BEACH
MEETING DATE: May 7, 2001 DEPARTMENT ID NUMB E,J ,P1 01-O,Ar.
•ba
Council/Agency Meeting Held: OS—0-1--al rno,r-,
Deferred/Continued to: c-)
Aroved ❑ Conditi nally Approved ❑ Denied 51• CI k's Sign�lre�,
p ,
Council Meeting Date: May 7, 2001 Department ID Number: PW 01-045
CITY OF HUNTINGTON BEACH ]
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator�n� 9
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work
DAVID BIGGS, Director of Economic Development
SUBJECT: ccept Bid for the 2000-2001 CDBG Sewer Lining Project, CC-1141.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Should the City Council accept the bid from the lowest responsible/responsive bidder for the
2000-2001 CDBG Sewer Lining Project, CC-1141?
Funding Source:
The project is budgeted in Community Development Block Grant FY 2000/01 Sewer Repairs.
Account No. 86289008.82600, $230,049.
Recommended Action: Motion to:
1. Accept the lowest responsive/responsible bid submitted by Sancon Technologies for
the 2000-2001 CDBG Sewer Lining Project, CC-1141.
2. Authorize the Mayor and City Clerk to execute the Construction Contract in the
amount of$151,700.00.
3. Authorize the Director of Public Works to expend an amount not to exceed $230,049
for construction, contingency, supplementals and extended effort to maximize the
amount of sliplining of deteriorated sewers within the designated CDBG area.
01-045 May 7 Broussard(CDBG) -2- 4125/01 3:34 PM
MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER:PW 01-045
Alternative Action(s):
1. Forego approval at this time and direct staff on how to proceed with the project.
2. Accept the bid submitted by Sancon Technologies, in the amount of $15.1,700.00,
and authorize the Director of Public Works to expend an additional 10% (standard
amount) to cover any change orders. Any unused funds will be returned to the
CDBG fund.
Analysis:
In January of 2000, Public Works staff applied to the Community Development Block Grant
program for funding support to line portions of the sewer system within the Gothard,
Newland, Villa Yorba and Washington Enhancement Areas at a cost of$288,600. The sewer
lines in these Enhancement Areas were video taped to identify those lines in need of repair.
The City grant was approved for $230,049, which would only allow for the rehabilitation of
approximately 75% of the sewers requested.
On November 6, 2000, Council authorized staff to advertise for bids for this project. Bids
were received on April 3, 2001. Staff has reviewed the bids, and they are summarized below
in ascending order:
Bidding Contractor Bid Amount
1. Sancon Technologies, Inc. $151,700.00
2. Insituform Technologies, Inc. $179,960.00
3. Miller Pipeline Corporation $185,570.00
4. Z. Z. Liner $196,720.00
5. Ken Thompson, Inc. $213,043.80
Due to increasing competition and further refinement of the trench less-lining technology, staff.
received very favorable bids as compared to past history. Staff is requesting that the balance
of the contract amount be reserved to cover change orders instead of the normal 10% limit
set by Resolution Number 4896. The higher change order percentage will allow staff to line
approximately 2,000 additional lineal feet of sewer mains and 80 additional vertical feet of
manholes, within the Enhancement Areas and within the budgeted amount. The change
order work will complete 100% of the application request.
01-045 May 7 Broussard(CDBG) -3- 4/27101 9:13 AM
MEETING DATE: May 7, 2001 DEPARTMENT ID NUMBER:PW 01-045
Following is a summary of requested expenditure authorization:
Contract Amount $151,700.00
Change Orders (29%) 66,849.00
* Incidental Costs (10%) 11,500.00
Total $230,049.00
Funding Amount $230,049.00
NOTES:
Incidental costs shall include City staff time including, engineering, construction management,
inspection, and prevailing wage consultant.
Sancon, Technologies, Inc. has recently completed sliplining the downtown area with positive
results. Therefore, staff recommends that the Council accept the bid from Sancon
Technologies, Inc.
Public Works Commission Review:
The Commission reviewed and recommended approval of the project on July 19, 2000 by a
vote of 6-0-1 (Commissioner Smith was absent).
Environmental Status:
This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA.
Attachment(s):
City Clerk's
Page Number No. Description
1. Location Map
RCA Author: T. Broussard:jm
01-045 May 7 Broussard(CDBG) -4- 4/27/01 9:13 AM
ATTACHMENT # 1
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LOCATION MAP oil
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
r
A CA
:_
fit"1
rtJ t do
COPIES TO:
Front Desk Engineer City Clerk X
200012001 CDBG SEWER LINING PROJECT
EDINGER AVE. TO NORTH, NEWLAND ST. TO EAST, TALBERT AVE. TO
SOUTH AND GOLDENWEST ST. TO WEST
BID DATE: APRIL 3, 2001 @ 2 pm
(Engineer's Estimate: $230,000.00)
BID LIST
BIDDER'S NAME RANK TOTAL BID AMOUNT
1. Inland Concrete $
2. Insituforn Technologies, Inc. Z $ / O
00
3. Ken Thompson, Inc. $ -
�
4. Miller Pipeline Corporation $
5 5 70 , �o
5. Sancon Technologies $
I S t 7 a�.
6. Transportable Treatment Svcs. $
7. Wesco Infrastructure $
8. Z. Z. Liner 4 $ 1 Q l0 7 2. 0-
9. $
10. $
11. $
12. $
13. $
14. $
G\BID LIST
COPIES TO:
Front Desk Engineer City Clerk X
200012001 CDBG SEWER LINING PROJECT
EDINGER AVE. TO NORTH, NEWLAND ST. TO EAST, TALBERT AVE. TO
SOUTH AND GOLDENWEST ST. TO WEST
BID DATE: APRIL 3, 2001@ 2 pm
(Engineer's Estimate: $230,000.00)
BID LIST
BIDDER'S NAME RANK TOTAL BID AMOUNT
1. Inland Concrete $
2. Insituforn Technologies, Inc. $ / 7 q) 9�o.
3. Ken Thompson, Inc. $ � l31 O �3, '1
4. Miller Pipeline Corporation $
5. Sancon Technologies Arp� �vw f rider $ ' 5- Il V01
6. Transportable Treatment Svcs. $
7. Wesco Infrastructure $
8. Z. Z. Liner $ q &1 1109
9. $
10. $
11. $
12. $
13. $
14. $
G\BID LIST
PROOF OF PUBLICATION
STATE OF CALIFORNIA) .
SS.
County of Orange )
I am a Citizen of the United States and a t#NOTICE €INVITING beneficialxowrier,.of the
SEALED�BIDS ' surety and stiall receive:
resident of the County aforesaid; I am any.rnterestthereon
i ,.tpjjheze� _ The.>AGENCY hereby'
over the .age of eighteen years and not a 2000i2oo, CDBG affirmati ely ensures
SEWER;LINING;- 'that mmonty- business
party to or interested in the below * PROJECT enterpnses'will be af-
CASH CONTRACT .forded full opportunity to
entitled matter. I am a principal clerk of NO'_1141 submitybit" response
� " "`�" '^ to'tlis notice and will not
Inpthe be dii. nm1 a, against
the HUNTINGTON BEACH INDEPENDENT, a HUNTiN W.
GTON °n�theV 64iis""'of race-,
y__ color• national ongi,
newspa er of general circulation, printed BEACH pg6gry, sex`,or religion
i ;PUBLIC NOTICE iS 'consideration_
and pu lished in the City of Huntington HEREBY GIVEN that leading to�tfie-:award of
the CITY- OF HUNT contract
Beach, County of Orange State of 'INGTON BEACH, as No:-bid shall,be con'
i AGENCY ih`vites`sealed sidered unless ,its is
bids for.the above-stated Itprepa ed -on =the�,ap
California; and that attached--Notice--is a project3and will receive proired*ProposaIJiforms;
true and complete copy as was printed =such bty'_gl the office_of rn tructi rman6e with the:
I the City Clerk Second Instructions to.Bidders
Floor 2000'Mam Street +(Thud must`be`ac
and published in the Huntington Beach HuntingtoriBeach, Cali` ico_m'paniedlbyja certified;
forma 92646`*ui t?, the check` cashiers check,
and Fountain Valley issues of said hour of 200 pmon' rorribidders,bond made;
• Tuesday Apnl 3 20Q7y payable to,�the,AGENC_Y
newspaper to wit the issues) of• Bids Will publi�iy for.an.amount nc less'
• open rn ►1ie Council thanA1ao?%.0 Aie am ttount
Chambers unless other bid' *
wise posted: The successful a sful bidden
March 15, 2001 1 'Copies of the Specih shall r�0,censed m ac'�
(cations, and' contract cordancehw s
ith;prowsions
March 2 2 2 1 documents-me available 'of�x lhej C,Businessand`
r ;from the Office of the Di Profe'ssionsUCode_ands
rector of Public Works shall;possess State
March 29, 2001 2000 Main,Street,Hun; ;Contractors -icensel
ington '-f3each, `"CA :Class the' time;of,.
92648 upon> aymerit-of the.;.bid,lioperiiog.,.Th`e
a_$25 00'nonrefundable successful, Contracto
u' -ctr=,• -••r
fee if picked-up,-or pay `and_,his subcontractorq-
ment of a$35 00 will 'obey'regwred"`to.
n'onrefuhdable fee- if possess Business
I declare, under penalty of perjury, that mailed: licenses from the
This is a Davis-Bacon ,AGENCY
the foregoing is true and correct. project and the Federal J.-Thevt4GENCY, rei
Regulations. will. tie aerves the nght to`reject
enforced.—Aft contract an"y o all bid to wave:
entered info pursuant ao, "any irreg arity -and to'
this notice will - In take- all bids under
corporate the provisions' advise merit for .a;
Executed on March 291 2��1 of the Federal Labor" maximum„period of 60
Standards;which are-lon days
at Costa Mesa, California. file at the office of the Di- BY.ORDER of .•tHe
rector 'of .Public Works, CITY,�CQUNCIL of the
2000 Mairi Street Hunt CITE_ -HUNTINGTON
ington Beach, CA 92648 BEACH /.CALIFORNIA;
iThej AGENCY Will•de I thei�6th�day of Nov-
duct a 10% retention -ember 2000:
from all ,progress pay-1Attest '
ments. The Contractor) Connie! Brockway
may substitute ant CITY}CLERK OF THE'
escrow holder surety_of crry eg 4
equal value to the refers HUNTINGTON�:,bEAC.H
lion in accordance.withl Published4Huntirigton_
Ilia provisions of the Cal' Beahountain Valley
&rma Government Independent March 15;
Signature Code Section. 4590 22729r 2001 >: j
The Contractor 'shall be ''" 033-56.1
SECTION A
103- zz- 01
NOTICE INVITING SEALED BIDS
for the
2000/2001 CDBG SEWER LINING PROJECT
CASH CONTRACT No. 1141
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated project and will receive such bids in the office
of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to
the hour of 2:00 PM on Tuesday, April 3, 2001, Bids will be publicly open in the Council
Chambers unless otherwise posted.
Copies of the Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$25.00 nonrefundable fee if picked up, or payment of a$35.00 nonrefundable fee if mailed.
This is a Davis-Bacon project and the Federal Regulations will be enforced. Any contract
entered into pursuant to this notice will incorporate the provisions of the Federal Labor
Standards, which are on file at the office of the Director of Public Works, 2000 Main Street,
Huntington Beach, CA 92648
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
A-1
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractor's License Class A at the time of the bid opening. The successful
Contractor and his subcontractors will be required to possess business licenses from the
AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 6"' day of November, 2000.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
J- e
CITY OF HUNTINGTON BEACH
2000 Main Street
P . O . Box 190
Huntington Beach , CA 92648
LETTER OF TRANSMITTAL Fax (714) 374-1573
Attention: Connie Brockway Date: March 7. 2001
To: City Clerks Office Project/C.C.No.: C.C. No. 1141
2000 Main Street Regarding: 200012001 CDBG Sewer Lining
Huntington Beach, CA 92648
We are sending you: El By Mail ❑ By Fax Mail(Number of pages including this sheet:)
® We are hand delivering: El Attached ❑ Under a separate cover via the following items:
❑ Shop drawings 11 Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Seated Bids
..
Item# Co ies Pages. Qescri tion
1 1 2 Notice Inviting Sealed Bids
2
3
4
5
These are transmitted as checked below:
For approval ❑ Approved as submitted Resubmit copies for approval
® For your use ❑ Approved as noted F I Submit copies for distribution
® For your action Returned for corrections ❑ Return corrected prints
For review/comment ❑ Other:
Remarks: On November 6, 2000, the City Council authorized the advertisement of the 2000//2001
CDBG Sewer Lining Project, CC1141. Please find attached the Notice Inviting Sealed Bids for this
project. Please have this advertised for 3/16, 3/23, and 3/30 with a bid opening on 4/3.
'9—15 3— Z'L -3— -ZT
Please contact me at extension 5247 with any questions you may have.
cc: By: M)J J4U&-�J
M.Todd Broussard, PE,Associate Civil Engineer
G:\CONSTRUCTION CONTRACTS(CCS)\CC1141\TO10207CLERK.DOC
CITY OF HUNTINGTON BEACH I MAS'SN\aj) / ppyY
MEETING DATE: November 6, 2000 DEPARTMENT ID NUMBER: PW 00-102
Council/Agency Meeting Held:
Deferred/Continued to:
pproved ❑ Conditiona ly Approved ❑ Denied Cle Signature
Council Meeting Date: November 6, 2000 Department ID Number: PW 00-102
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ,._'
SUBMITTED BY: RAY SILVER, City Administrator~
ROBERT F. BEARDSLEY, Director of Public Works -
PREPARED BY: DAVID BIGGS, Director of Economic Development
SUBJECT: Authorize Advertisement for the Construction of the 2 00-01 CDBG
Sewer Lining Project, CC-1141.
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Should the City Council authorize the Director of Public Works to request bids for the
construction of the 2000-01 CDBG Sewer Lining Project, CC-1141?
Funding Source:
Project budgeted in Community Development Block Grant FY 2000/01 Sewer Repairs.
Engineer's cost Account No. 86289008.82600, $230,049. Engineer's estimate is $230,000.
Recommended Action: Motion to:
1. Approve the project plans and specifications and authorize the Director of Public
Works to request bids for the 2000-01 CDBG Sewer Lining Project, CC-1141.
2. Approve the attached Sampie Contract subject to award of the contract to the lowest
responsive/responsible bidder.
RCA 00-01CDBG.doc -2- 10/25/00 8:37 AM
MEETING DATE: November 6, 2000 DEPARTMENT ID NUMBER: PW 00-102
Alternative Action(s):
1. Forego approval at this time and direct staff on how to proceed with the project.
Analysis:
In January of 2000, staff applied to the Community Development Block Grant program for
funding support for the lining of portions of the sewer within the Gothard, Newland, Villa
Yorba and Washington Enhancement Areas at a cost of $288,600. The sewer lines in these
Enhancement Areas were video taped to identify those lines in need of repair. The City grant
was approved for $230,049. Staff estimates that this amount will improve 75% of the original
grant request work identified. Public Works staff has prepared Construction Documents and
Specifications for this project and now request permission to advertise for bid.
Public Works Commission Review:
The Commission reviewed and recommended approval of the project on July 19, 2000 by a
vote of 6-0-1 (Commissioner Smith was absent).
Environmental Status:
Not applicable
Attachment(s):
City Clerk's
Page Number
No. Description
_.......... 1. Location Map
....... .... . .... .... ................
.. 2. Sample Contract
RCA Author: T. Broussard:jm
RCA 00-01CDBG.doc -3- 10/24/00 4:53 PM
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CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT #2
SAMPLE
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND
FOR THE 2000/2001 .CDBG SEWER LINING PROJECT (CC 1.141)
THIS AGREEMENT is made and entered into on this day of
2000, by and between the CITY OF HUNTINGTON BEACH,
a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and.,
, a
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as
"PROJECT," more fully described as the construction of the 2000/20001 CDBG sewer lining
project (CC 1141) in the,City of Huntington Beach, California; and
The PROJECT-to which the construction work covered by this contract pertains is being
assisted by the United States of America and Federal Labor Standards Provisions are included
in this Contract pursuant to the provisions applicable to such Federal assistance.
Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24,
Code of the Federal Regulations, Part 135, (24 CFR 135.3) Economic Opportunities for Low-
and Very Low-Income Persons, Section 3 contract clauses, the work to be performed under this
contract is subject to the requirements of Section 3 of.the Housing and Urban Development Act
of 1968,.as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that.
employment and other economic opportunities generated by HUD assistance or HUD assisted
projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are recipients of HUD assistance for housing;
and CONTRACTOR has been selected and is to perform said work;
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NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK.
The parties to this contract agree to.comply with HUD's regulations in 24 135.3.
As evidenced by their execution of this contract, the parties to this contract certify that they are
under no contractual or other impediment that would prevent them from complying with the part
135 regulations.
CONTRACTOR agrees to send to each labor organization or representative of
workers with which the CONTRACTOR has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or worker's representative of the
CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the Section 3 preference,
shall set forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the neme and location of the persons taking
applications for each of the positions; and the anticipated date the work shall begin.
CONTRACTOR agrees to include the Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3 clause,
upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. .
CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice
or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
CONTRACTOR will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the contract is
scf/agree/sewer cdbgR/11/00 2
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executed, and (2)with persons other than those to whom the regulations of 24 CFR part 135
require employment opportunities to be directed were not filled to circumvent the
CONTRACTOR's obligations under 24 CFR part 135.
CONTRACTOR agrees and understands that noncompliance with HUD's
regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default,
and debarment or suspension from future HUD assisted contracts, and
With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts
and subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section
7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of
compliance with Section 7(b).
CONTRACTOR shall furnish, at its own expense, all labor, plant, tools,
equipment, supplies, transportation, utilities and all other items, services and facilities
necessary to complete and construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or damage arising out of
the nature of the project, during its.progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be encountered in the,
prosecution of work, and for all other risks of any description connected with the work,
including, but not limited to, all expenses incurred by or in consequence of the suspension or
discontinuance of work, except such as are herein expressly stipulated to be borne by CITY,
and for well and faithfully completing the work within the stipulated time and in the manner
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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, avid
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 2000 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
l
California Chapter of the American public Works Association and the Southern California
District Associated General Contractors of the California Joint Cooperative Committee;
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D. Bid documents including the Notice Inviting Bids, the Special Instructions
to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A");
E. The particular plans, specifications, special provisions and addenda
applicable to the PROJECT. _Anything mentioned in the specifications and not indicated in the .
plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as
if indicated and mentioned'in both. In case of discrepancy between any plans, specifications,
special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to
the Department of public Works of CITY(hereinafter referred to as "DPW"), without whose
decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk
and expense.
Should there be any conflict between the terms of this Agreement and the bid or
proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall 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
Dollars ($ ) as set forth in the Contract
Documents, to be paid as provided for by the terms and conditions of this Agreement.
4. COMMENCEMENT OF PROJECT.
CONTRACTOR agrees to commence the PROJECT within ten (10)working
days after notice to proceed is issued and shall diligently prosecute PROJECT to completion
within U calendar days from the execution of this
Agreement by CITY, excluding delays provided for herein.
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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 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
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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 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
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items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or
replacement at CONTRACTOR's risk and expense.
10. MINIMUM WAGES.
All laborers and.mechanics employed or working upon the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than
once a week, and without subsequent deduction or rebate on any account(except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (24 CFR 3.5), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those contained in
the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the
CONTRACTOR and such laborers and mechanics. Contributions made.or costs reasonably
anticipated for bona fide fringe benefits under Section (b)(2)(b) of the Davis-Bacon Act, codified
at 40 USC 276a et seq. on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs, which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe
benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is performed.
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The wage determination (including any additional classification and wage rates conformed
under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster(W H-1321) shall be posted at all
times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and.
accessible place.where it con be easily seen by the workers.
Any class of laborers or mechanics which is not listed in the wage determination
and which is to be employed under the contract shall be classified in conformance with the
wage determination. HUD shall approve an additional classification and wage rate and fringe
benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained.in the wage determination.
If the CONTRACTOR and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and HUD or its designee agree on the
classification and wage rate (including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.
Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within
30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the
30-day period that additional time is necessary. (Approved by the Office of Management and
Budget under OMB control number 1215-0140.)
In the event the CONTRACTOR, the laborers or mechanics to be employed in
the classification or their representatives, and HUD or its designee do not agree on the
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proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the Administrator for
determination.. The Administrator, or an authorized representative, will issue'a determination
within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee
within the 30-day period that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
The wage rate (including fringe benefits where appropriate) determined pursuant
to subparagraphs (1)(b)or(c) of this paragraph, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
Whenever the minimum wage rate prescribed in the contract for a class of
laborers.or mechanics includes a fringe.benefit which is not expressed as an hourly rate, the
CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
If the CONTRACTOR does not make payments to a trustee or other third
person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the
amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
or program, Provided, That the Secretary of Labor has found, upon the written request of the
CONTRACTOR, that the.applicable standards of the Davis-Bacon Act have.been.met. The
Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets
for the meeting of obligations under the plan or program (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
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11. PREVAILING WAGE LAW.
The CITY has ascertained from the U. S. Department of Housing and Urban
Development ("HUD")the general prevailing rate of per diem wages and the general prevailing
rate-forlegal 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. CONTRACTOR agrees to secure payment of
compensation to every employee.
12. WITHHOLDING.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
CONTRACTOR under this contract or any other Federal contract with the same prime
contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the accrued payments.or
advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the
full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937.or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract,
HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or
owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased, HUD or its designee may,
after written notice to the CONTRACTOR, disburse such amounts withheld for and on account
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of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The
Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
13. HEALTH AND SAFETY:
No laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous to his health standards
promulgated by the Secretary of Labor by regulation.
The CONTRACTOR shall comply with all regulations issued by the Secretary of
Labor pursuant to Title 29 Part 1926, et. seq. (formerly part 1518) and failure to comply may
result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act
(40 USC §327, et seq.).
The CONTRACTOR shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR .
shall take such action with respect to any subcontract as the Secretary of Housing and Urban
Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
14. APPRENTICES AND TRAINEES.
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration., Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
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journeymen on the job site in any craft classification shall not be;greater than the ratio permitted
to the CONTRACTOR as to the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed.
Where a contractor is performing construction on a project in a locality other than.that in which
its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate specified in the applicable wage determination. Apprentices shall be .
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable classification. If
the Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the.
Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer
be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
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evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration. Every
`trainee.must be paid at not less than the rate.specified in.the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with
the provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless
the Administrator of the Wage and Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws
approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees
at less than the applicable predetermined rate for the work performed until an acceptable
program is approved. .
15. PAYROLLS AND BASIC RECORDS.
Payrolls and basic records relating thereto shall be maintained by the
CONTRACTOR during the course of the work preserved fora period of three years thereafter
for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of
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the project). Such records shall contain.the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the
types described in Section 1(b)(2)(B) of the Davis-Bacon Act 40 USC 276a, et seq.),daily and.
weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act (40 USC 276a, et seq.),
the CONTRACTOR shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records
which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of Management and Budget
under OMB Control Numbers 1215-0140 and 1215-0017.)
The CONTRACTOR shall submit weekly for each week in which any contract
work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The.
payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in.any form
desired. Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government
Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the
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submission of copies of payrolls by all subcontractors. (Approved by the Office of Management
and Budget under OMB Control Number 1215-0149.)
Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the CONTRACTOR or.subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
That the payroll for the payroll period contains the information required to be
maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete;
That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages earned,
without rebate, either directly or indirectly, and that no deductions have been made either
directly or indirectly from the full wages earned, other than permissible deductions as set forth
in 29 CFR Part 3;
That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph A.3.(ii)(b) of this section.
The falsification of any of the above certifications may subject the
CONTRACTOR or subcontractor to civil or criminal prosecution under 18 USC 1001.and 31
USG 3729 (formerly 31 USC 231).
The CONTRACTOR or subcontractor shall make the records required under
paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the CONTRACTOR
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i
f
or subcontractor fails to submit the required records or to make them available, HUD or its
designee may, after written notice to CONTRACTOR, sponsor,applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request.or to
make such records available may be grounds for debarment action pursuant to 29 CFR Part
5.12.
16. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES.
HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the CONTRACTOR or subcontractor
under any such contract or any other Federal contract with the same prime contract, or any.
other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime CONTRACTOR.such sums as may be determined to be
necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in subparagraph (2) of this
paragraph.
17. LIQUIDATED DAMAGES/DELAYS.
It is agreed by the parties hereto that in case the total work called for hereunder
is not in all parts and requirements finished or completed within the number of working/calendar
days asset forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of
Dollars ($ ) per day for each and every
working day's delay in completing the work in excess of the number of working/calendar days
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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), notifythe DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and
the decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the work
by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for
materials required by this Agreement to be furnished by CITY, or by damage caused by fire or
other casualty at the job site for which CONTRACTOR is not responsible, or by the combined
action of the workers, in 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.
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No claim for additional compensation or damages for delays, irrespective of the
cause thereof, and including without limitation the furnishing of material by CITY or delays by
other contractors or subcontractors, will be allowed and said extension of time for completion
shall be the sole remedy of CONTRACTOR:
18. SUBCONTRACTS.
The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in subparagraphs (1) through (4)of this paragraph.
19. 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
compensation and other payroll deductions for CONTRACTOR and its officers, agents and
employees, and all business licenses, if any, in connection with the PROJECT.
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 DPW
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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.
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
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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 acc6rdance 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 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 working upon the PROJECT
have been paid in full and that there are no claims outstanding against PROJECT for either
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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
a 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, caused in
whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be'liable, including but not limited to concurrent active or passive negligence except where
caused by the active negligence, sole negligence, or willful misconduct of CITY.
CONTRACTOR will conduct all defense at its sole cost and expense.
27. WORKERS' COMPENSATION INSURANCE.
Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 at 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
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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 arising out of or in connection.with
the PROJECT, and shall provide coverage in not Less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability.
and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be.no less
than $1,000,000. 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 above-mentioned insurance contain a self-
insured retention, or a "deductible" or any other similar form of limitation on.the required
coverage.
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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:
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
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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 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 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
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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.
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 276a, et seq.) for each craft or type of worker needed to perform this Agreement.
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CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISPUTES CONCERNING LABOR STANDARDS.
Disputes arising out of the labor standards provisions of this contract. Such
disputes shall be resolved in accordance with the with-the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. .Disputes within the meaning of this clause include
disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee,
the U.S. Department of Labor, or the employees or their representatives.
40. CERTIFICATION OF ELIGIBILITY.
By entering into this contract, the CONTRACTOR certifies that neither,it (nor he
or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or
firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon
Act or 29 CFR 5.12(a)(1) or to-be awarded HUD contracts or.participate in HUD programs
pursuant to 24 CFR Part 24.
No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR
Part 24.
The penalty for making false statements is prescribed in the U.S..Criminal Code,
18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal.
Housing Administration transactions", provides in part"Whoever, for the purpose
of...influencing in any way the action of such Administration...makes, utters or publishes any
statement, knowing the same to be false...shall be fined not more than $5,000 or imprisoned
not more than two years, or both."
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41. 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.
42. EQUAL EMPLOYMENT OPPORTUNITY.
The CONTRACTOR will comply with all provisions of Executive Order 11246, as
amended, and 29 CFR Part 30.
The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements.
CONTRACTOR is required to have an affirmative action plan which declares that
r. 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 527 (formerly.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
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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.
43. COPELAND "ANTI-KICKBACK" ACT.
CONTRACTOR and its.subcontractors shall comply with the requirements of 29
CFR Part 3, 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.
44. 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.
As used in this section, the terms "laborers" and "mechanics" include watchmen and
guards.
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45. 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
Clean Air Act(42 USC 7401, et seq.) of the Federal Water Pollution Control Act(26 USC 1251,
et seq.) 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 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.
46. 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.).
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47. 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:
48. SUBCONTRACTS.
The CONTRACTOR or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may
by appropriate instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR Part 5.5.
49. CONTRACT TERMINATION; DEBARMENT.
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
50. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES.
No laborer or mechanic to whom the wage, salary, or other labor standards
provisions of the Contract are applicable shall be discharged or in any other manner
discriminated against by the CONTRACTOR or any subcontractor because such employee has
filed any complaint or instituted or caused to be instituted any proceeding or has testified or is.:
about to testify in any proceeding under or relating to the labor standards applicable under this
Contract to his employer.
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51. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
REQUIREMENTS.
No CONTRACTOR or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of eight hours in any calendar day or in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate no less than one and one-half
times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or
in excess of forty hours in such workweek, whichever is greater.
52. VIOLATION, LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES.
In the event of any violation of the clause set forth in subparagraph (1) of this
paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for
the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to'the
United States (in the case of work done under contract for the Distract of Columbia or a
territory, to such District or to such territory),for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in
the sum of$10 for each calendar day on which such individual was required or permitted to
work in excess of eight hours or in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in subparagraph (1) of this
paragraph.
53. 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
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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.
54.. ATTORNEY FEES.
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own attorney
fees.
55. ENTIRETY.
The foregoing represents the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first-above written.
CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal
. .corporation of the State of California.
By:
print name Mayor
ITS: (circle one) Chairman/President/Vice
President ATTEST:
By: City Clerk
print name APPROVED AS TO FORM:
ITS: (circle one)Secretary/Chief Financial
Officer/Asst. Secretary-Treasurer •
City Attorney 1(
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Public Works
scl/agree/sewer cdbg/7/11/00 33
SAMPLE
SAMPLE
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE
2000/2001 CDBG SEWER LINING PROJECT
TABLE OF CONTENTS
Page No.
1. .STATEMENT OF WORK; ACCEPTANCE OF RISK 2
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4
3. _COMPENSATION 5
4. COMMENCEMENT OF PROJECT 6
5. TIME OF THE ESSENCE 6
6. CHANGES 7
7. NOTICE TO PROCEED 7
S. BONDS 8
9. WARRANTIES 8
•••• 10. 'MINIMUM WAGE 8
11. PREVAILING WAGE LAW 11
12. WITHHOLDING 12
13. HEALTH AND SAFETY 12
14. APPRENTICES AND TRAINEES 13
15. PAYROLLS & BASIC RECORD 15
16. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATIONS 18
17. LIQUIDATED DAMAGES/DELAYS 18
18. SUBCONTRACTS 20
r 19. INDEPENDENT CONTRACTOR 20
20. DIFFERING SITE CONDITIONS 20
21. VARIATIONS IN ESTIMATED QUANTITIES 21
22. PROGRESS PAYMENTS 21
23. WITHHELD CONTRACT FUNDS .22
24. AFFIDAVITS OF SATISFACTION OF CLAIMS 22
25. WAIVER OF CLAIMS 23
26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23
27. WORKERS COMPENSATION INSURANCE 23
28. INSURANCE 24
29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25
30. DEFAULT & TERMINATION 26
31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26
32. NON-ASSIGNABILITY 26
33. CITY EMPLOYEES AND OFFICIALS 27
34. STOP NOTICES 27
35. NOTICES 27
36. CAPTIONS 27
37. FEDERAL PARTICIPATION 28
38. DAVIS-BACON ACT 28
39. DISPUTES CONCERNING LABOR STANDARDS 28
40. CERTIFICATION OF ELIGIBILITY 28
41. DISCRIMINATION, MINORITIES, ALIENS 29
42. EQUAL EMPLOYMENT OPPORTUNITY 29
43. COPELAND.ACT .30
44. CONTRACT WORK HOURS 30
45. CLEAN AIR ACT 31
46. ENERGY CONSERVATION 32
47. HOUSING AND URBAN DEVELOPMENT 32
48. SUBCONTRACTS 32
49. CONTRACT TERMINATION; DEBARMENT 33
50. COMPLAINTS PROCEEDINGS OR TESTIMONY 33
51. CONTRACT WORK HOURS AND SAFETY STANDARDS 33
52. VIOLATION; LIABILITY FOR UNPAID WAGES 33
53. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34
54. ATTORNEY FEES 34
55. ENTIRETY 35
SAMPLE
C_
10
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Authorize_Advertisement-for the construction of the 2000-01 -
- CDBG Sewer Lining Project, CC-1141.
COUNCIL MEETING DATE: November 6, 2000
.. ..
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 Cif :`Attorne Not Applicable
Certificates of Insurance (Approved by the City Attorne ) 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 ATTACHMENT
. .........................._..............._. _. ..................... .......__. ..................... __ __ . ...._.....
REVIEWED` RETURNED F RWARDED :
......................................................__ ..._._.........................__. ...................._. __. ....._........................_.._............._. _.__......................................_........................_._
Administrative Staff a )-5'
Assistant City Administrator Initial
City Administrator Initial G)
City Clerk
.. ... _ ._ ............................... ...................... .. ........
EXPLANATION FOR RETURN OF ITEM..
Only)(Below Space For City Clerk's Use
RCA Author: T. Broussard:jm